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2018-40910 , i DOC# 2018-0040910 VIII(IIII IIII I(IIII IIII III II I(IIII Ilill ll 111 VIII VIII VIII I III IIII �P Recording Requested By: ) Jan 31, 2018 04:30 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City Engineer ) SAN DIEGO COUNTY RECORDER FEES. $110.00 (SB2 Atkins: $75.00) When Recorded, Mail To: ) PAGES. 8 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE 1 SEWER FACILITY OPERATION AND MAINTENANCE AGREEMENT V�j\\ APN: 254-363-10 & 13 Case No.: 16-156 TPM/CDP a\ Address: 964 Urania Avenue Permit No.: 13449-G/PM This Agreement is entered into, by and between Urania 4, LLC, a California Limited Liability Company ("Owners") and the City of Encinitas, ("City") a municipal corporation. Owners and City shall be collectively referred to as the "parties". WHEREAS, Owner are the record owner of certain real property located on 964 Urania Avenue in Encinitas, California, identified as A.P.N.s 254-363-10 and 254-363- 13 and as fully described in Exhibit "A" which is attached hereto and made a part hereof; as shown in Exhibit "B" which is attached hereto and made a part hereof; and WHEREAS, Owners desire to install a private sewer main, private gravity sewer and all appurtenances thereto on the aforesaid Property (collectively known as "Private Sewer Facilities") to provide for the discharge of the effluent from the aforesaid premises to Leucadia Wastewater District's ("LWD") gravity main infrastructure located in the Right-of-Way and/or Public Sewer Easement at 964 Urania Avenue in the City of Encinitas, California; and WHEREAS, the City and Owners wish to set forth the agreed upon terms and conditions in this Agreement, which concerns the installation, operation and maintenance of the Private Sewer Facilities. NOW THEREFORE, for and in consideration of the mutual promises contained herein and for other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows: 1. TERM The City shall allow the Owners to discharge effluent through the Owner's Private Sewer Facilities and into the LWD's gravity sewer main connected to the Leucadia Wastewater District ("LWD") gravity main or the LWD's manhole, as long as the following conditions are satisfied: (i) City and LWD facilities remain in service and available; (ii) City and LWD facilities have sufficient capacity to convey the discharge of effluent from Owner's Private Sewer Facilities; (iii) the Owners have not caused or allowed any other connections of a private sewer main, pump station or private lateral to City and LWD Facilities without the prior express written consent of the City and applicable Wastewater Discharge Fees be paid by connecting party; and (iv) Owners have not breached any term in this Agreement. The commencement date upon which such right is granted shall be the date of the last authorized signature (the "Term"). 2. OWNER'S RESPONSIBILITIES: (i) Owners, its successors, heirs, and assigns shall, at its own cost and at no cost to the City, assume all responsibility and liability for the installation, operation, maintenance, design, repair and replacement of the Private Sewer Facilities, including, but not limited to, those placed in the City's right -of-way; (ii) Owners shall cause the plans and specifications for its private utility improvements, including, but not limited to, the Private Sewer Facilities, which it intends to be placed within the City's rights-of-way, known as Urania Avenue, to be reviewed and approved by the Development Services Department. Owners shall construct said private facilities in accordance with approved Grading Plan 13499-G. The private sewer infrastructure shall be built to the same standard as if it were a public sewer main, owned by the City. Additionally, Owners shall, prior to the start of any work, obtain a public improvement permit ("the Permit) for the construction and inspection of the proposed improvements, and provide the City with the required financial surety in the amount of the approved Engineers Cost Estimate. (iii) Owners shall timely obtain all necessary approvals, including any approvals required by the City of Encinitas, for construction and operation of the Private Sewer Facilities. Owners shall also meet all applicable local, state and federal laws and regulations pertaining to construction, maintenance and/or operation of the Private Sewer Facilities. (iv) Owners represents and warrants that all utility improvements, including, the Private Sewer Facilities, will be constructed, designed, and installed in accordance with city Standards and Grading Plan 13499-G. (vi) Owners shall timely pay all appropriate fees and service charges that are required by LWD Ordinance including but not limited to Wastewater Capacity Fees and prorated annual service charges. (vii) Owners shall reimburse the City and/or LWD for any and all reasonable costs, labor, charges, and expenses associated with the City's excavation and investigation of leaking private facilities located in the public right-of-way that are determined by the City and/or LWD to be owned, maintained, and operated by Owners. (viii) Owners shall be liable to the City for all costs, fines, charges, fees, and expenses associated with, arising out of or related to the City's and/or LWD's response to any calls to the Department requesting the City and/or LWD to contain, remove, sanitize or clean-up any effluent discharged from leaks or damaged private main or private facilities and Owners shall be liable to the City and/or LWD for any and all reasonable repairs made to Owner's private main and/or private facilities, and shall indemnify the City, LWD, its departments, employees, representatives, and officials from and against any and all claims based on any theory of liability, including, but not limited to, property damage, personal injury, or death, reasonable attorney's fees, costs and expenses. (ix) Owners agrees that the LWD shall have the ability to take ownership and responsibility of the Private Sewer Facilities at a time after the LWD is able to secure Public Sewer Easements over, under, and across the land in which said Private Sewer Facilities lay. The transfer of ownership from the Owners to the LWD will occur at the time the LWD begins the perpetual maintenance of the said Private Sewer Facilities, however all sewer laterals will remain privately owned and maintained. This clause shall be part of any future private maintenance agreements between the Owners and any other property owners wishing to connect to the private system. Other property owners wishing to connect to these Private Sewer Facilities shall obtain a Wastewater Discharge Permit from the City and/or LWD after paying the applicable fees prior to connection to the sewer main. 3. CITY'S RESPONSIBILITIES: The City's and/or LWD's sole responsibility is that it shall, provided that all conditions precedent have been fully satisfied to the sole discretion of the City and/or LWD, allow the Private Sewer Facilities to discharge into the City's gravity main infrastructure located in the Right-of-Way/Public Sewer Easement at Urania Avenue in the City of Encinitas, California; and It is expressly understood by the Parties, that the City shall not be responsible for any costs, fees, expenses, or parts thereof, for the design, construction, installation, maintenance, operation, use, damage, or repair of any kind and for whatever reason of Owner's private sewer utility improvements, including, its Private Sewer Facilities. 4. INDEMNIFICATION: Owners, its successors, heirs and assigns, agree to now and forever, save, indemnify, defend and hold harmless the City, LWD, its officials, employees and agents, from and against any and all claims based on any theory of liability, including, but not limited to, claims for damages, fees, charges, penalties, fines, costs, personal injury, death, or arising from the design, operation, malfunction, stoppage, leakage, breakage, maintenance, relocation, replacement, removal or abandonment of LWD's and/or the City's facilities. Owners, its successors, heirs, and assigns further agree to now and forever save, indemnify, defend and hold harmless the City, LWD, its officials, employees and agents, from and against any and all claims, damages, fees, charges, penalties, fines, costs and liabilities arising from or related to this Agreement, or alleged to arise from, or in any way relating to, the design, installation, operation, malfunction, stoppage, leakage, breakage, maintenance, relocation, replacement, removal, or abandonment of the Private Sewer Facilities, and from and against any and all claims for damages, penalties, fines, fees, costs and claims relating to environmental pollution and unlawful discharges of sewage resulting form or relating to the operation, malfunction, leakage or breakage of the Private Sewer Facilities. 5. UNAUTHORIZED CONNECTION STRICTLY PROHIBITED: Owners understands and agrees that no other sewer lines from other parcels of land may connect to the Private Sewer Facilities without the express prior written consent from the City's Development Services Department and LWD, which such approval shall be within the sole discretion of the City and LWD. Each future connection to the Private Sewer Facilities shall be inspected and constructed to the City's Public Standard and a Sewer Lateral Construction permit shall be obtained. It is further understood and agreed that no subdivided or re-subdivided parcels involving the Property may in any way utilize the Private Sewer Facilities without the express prior written consent of the City and LWD. 6. MANDATORY CONNECTION TO CITY SEWER SYSTEM Owners shall cause the Property to be connected to the LWD's gravity sewer main and the LWD's sewer utility infrastructure when the same becomes available to the Property at the discretion of the Development Services Director, LWD or designee/s. Owners shall at that time be required to pay all applicable fees or charges related thereto, including, but not limited to, pro rata fees or charges pursuant to Encinitas Municipal Code and LWD. 7. MISCELLANEOUS: This Agreement shall be binding on Owners, its heirs, successors and assigns and shall run with the land currently identified as Assessor's Tax Map Parcel No. 254- 363-10 and 254-363-13 and as described in Exhibit "A" except for any portion(s) thereof which are dedicated to the City of Encinitas. This Agreement constitutes the final understanding between the Parties. This Agreement shall be governed, interpreted and enforced by the laws of the City of Encinitas and any disputes arising out of or related hereto shall be heard in the courts containing competent jurisdiction. OWNERS: /� 7 X—, II / IS 1-7 Christopher R. Hall Date Urania 4, LLC By: Hallmark Communities Inc., A California Corporation (Signature of Owners to be notarized. Attach the appropriate acknowledgement). CITY:�� �Christopher M gdosku Date City Engineer Development Services Department EXHIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY LOT 31, HILLSIDE ACRES, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 25, 1927. EXCEPTING THE SOUTHERLY 152 FEET OF THE EASTERLY 140 FEET THEREOF. SEWER FACILITY OPERATION AND MAINTENANCE AGREEMENT EXHIBIT 'B' _sue s URA AVENUE -PFKXC-CT Sl/E ARM 254-363-10 i AW-13 I Vl H 1 I I N - O PVT. SANITARY El SEWER O PVT. RD / SEWER I EASEMENT I N I 1 I I I I I D I I I II I i — — — SCALE 1"=50' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA )SS COUNTY OF J A N 01 E 6 0 ) On r1EVEmutp 1S 'V01'7 before me, JEAN fANTA CrLVIi Notary Public, personally appeared C H rL 1 i O p H EE R R H A L,L, , who proved to me on the basis of satisfactory evidence to be the personal whose nameM is/floe subscribed to the within instrument and acknowledged to me that he/5tt/yaey executed the same in his/I}eF/tfadir authorized capacity(ieS), and that by his/,W/tpe r signatures)on the instrument the person, or the entity upon behalf of which the personfa) acted, 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. SEAN SANTA CRUZ 91 COMM,0 2771065 N Signature xotr rrOi ip CWM My Cum,Elo.Nov,7.2020 1�` This area for official notarial seal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of � C� ) On — 3I,-zo ( O before me, (�tnoeAo, ��crv-,In � o rV �l� IL, Date C Here Insert lName�a d Title of personally appeared ��) � �� l— " � 6(D5 1 Name(s) of Signer s who proved to me on the basis of satisfactory evidence to be the persons) whose names) i"re cribed to the within instrument and ackno dged to me that he/sthe/they executed the same in his authorized capacity(ies), and that his er/their signature(s)on the instrument the person(s), entity upon behalf of which the persons ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph A GELA A. SI3O" s true and correct. COMM.II2182398 N WITNESS my hand and official seal. e��y� W e4mm.Exo.VM Signature Si ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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(s) Signer's Name: Signer's Name: - Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — '- Limited -_ General - Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee - Guardian or Conservator -_ Other: Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907