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2018-290927 T _ DOC# 2018-0290927 III II I I I IIIII IIII IIII IIII III I IIIII III II I IIIII III III IIII RECORDING REQUESTED BY AND, ) Jul 17, 2018 03:57 PM WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER CITY CLERK ) FEES: $26.00 (SB2 Atkins: $0.00) CITY OF ENCINITAS ) PAGES: 5 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE PRIVATE SEWER EJECTOR PUMP MAINTENANCE AGREEMENT A.P.N.. 258-053-10 Project No: 13675-PM Address: 233-239 Fourth Street Case No: 16-235 TPM/CDP This Agreement is entered into by and between dasMOD, LLC, a California Limited Liability Company ("Owner") and the City of Encinitas ("City" hereinafter) with reference to the following facts: A. Owner has fee title to the real property commonly known as 233-239 Fourth Street and more particularly described in Exhibit A, attached hereto and incorporated herein ("Property"); B. Owner desires an exception to the Encinitas Design Manual that generally prohibits use of .private sewer ejector pumps, and the City is willing to grant the exception, subject to the terms and conditions of this Agreement, NOW, THEREFORE, the parties, on behalf of themselves, their successors and assigns, agree that the following covenants and conditions shall apply to the Property, subsequent'owners of the Property and any portion of the Property, regardless of whether it is divided or sold to one or more owners: 1) Ownership and maintenance obligations of all individual home and private sewer pump stations, force mains, and gravity laterals that serve, or are within the Property, and including the physical connection to the public collection sewer ("private sewer facilities"), shall remain with Owner. 2) Private sewer facilities shall not be dedicated to the City, nor shall the City accept or be liable for ownership or maintenance of private sewer facilities. 3) Owner is solely liable and responsible for design, construction, operation, maintenance, repair and replacement of private sewer facilities. Private sewer facilities shall meet all of the applicable design, construction, maintenance and review requirements of the City and the plumbing and building code requirements of the City. 4) Owner acknowledges that a private sewer ejector pump is typically located at an elevation lower than the public sewer and thereby allows the possibility of backflow of sewage from the public sewer through the private lateral, pump discharge piping, and into the pump located on private property. Owner hereby assumes the risk of any such sewage backflow possibility and agrees that the City is not liable in any such event. To mitigate potential for public sewage backflow into private property, Owner agrees to install and maintain in accordance with applicable City requirements: 1) the private sewer ejector pump outside of any residential structure: 2) a pump discharge check valve for backflow prevention, and 3) an easily accessible and labeled separate shutoff valve on the pump discharge piping. The discharge piping, check valve, and isolation valve shall be rated for a minimum internal pressure of 100 psi, or as otherwise approved by the City Engineer. Owner shall be solely, responsible for any and all damage caused by private sewer facility blockage, damage, or failure, regardless of cause, including failure of multi-unit sewer laterals, individual-home and private sewer ejector pump, force mains, and gravity laterals to, and including, the physical connection to the public collection sewer. 5) Owner hereby agrees to hold harmless, defend and indemnify the City, its officers, officials, employees, agents and consultants from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the private sewer facilities, except such loss or damage which was caused by the sole negligence or willful misconduct of an indemnified party. 6) If any legal action or proceeding is brought by either party to enforce or interpret this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding. 7) The covenants in this Agreement shall run with the land and be binding upon all future owners of the Property in its entirety or any portion thereof. AGREE�AND�ACCEPTED BY: Sven Simon, manager Date dasMOD, LLC (Notarization of OWNER signature is attached.) APPROVED BY CITY OF ENCINITAS: Christophe . Magdosku Oate City Engineer- Development Services Department City of Encinitas Attachment "A" Legal Description of Real Property LOT 12, BLOCK 26 OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN-THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 12, 1883. } CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE:§ 9189 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 On 20.1 before me, � . 'i.lnGYl �jo r l"J� tU Date Here Insert Name and Title of the fficer personally appeared 7 V e Yl C7 n Name(s) of Signer(s) who proved to me on the. basis of satisfactory evidence to be t9he,I.person(s)- whose:name(s is/)re ,,subscribed to the within:instrument and ackno dged to me tfi he/ he/they executed the same in s%her/their authorized capacity(ies),:and that b6t his/her/their signatu s on the instrument the person(s), or the entity,upon behalf of which the:person(s) ed; 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. .�..-• ANGELA p,.sli WITNESS my hand and official.seal. COMM.# 261-18239 NOTARY Faur•CAUFORNU // �� v� SAN DIEGON2 202 G c�uto�n� MY CGNM.EXP. Signature Si nature of Notary. Public Place Notary Seal Above OPTIONAi. 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 Doc:ument: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) .Claimed by Signer(s). Signer's Name: Signer's Name: U Corporate Officer — Title(s): a Corporate Officer— Title(s): ❑ Partner — ❑ Limited . E) General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact El 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 o 1-800-US NOTARY(1-800=876-6827) Item#5907 ti 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 C4Wispia ) County of ) be o i aOn �T kN - l� re me, SILAP(kbu, Date Here Insert N e and Title of the Offi er personally appeared k— S r Name(s) of Signer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph DEANA GAY is true and correct. COMM.#2206986 WITNESS m d and official seal. Z SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES -' Signature AUGUST 23,2021 Signature of Notary Pu i 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: El 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