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Home My WebLink AboutD-2120 Stormwater System Mgt Maintenance Agreement - Dansk 460 Marsh 003511017RECORDING REQUESTED BY: City off San Luis Obispo 2019002760 Tommy Gong San Luis Obispo - County Clerk -Recorder 01/25/2019 08:00 AM WHEN RECORDED, PLEASE RETURN TO Recorded at the request of: FIDELITY TITLE CO City of San Luis Obispo Titles: 1 Pages: 4 Community Development, Building & Safety Division Fees: $0.00 919 Palm Street 0Taxes $0.00 San Luis Obispo, CA 9340. am Total . $0.00 3C 11"1 11 al9 FEB 2 1 209 No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 5LO CITY CLERK City of San Luis Obispo Standard Private Stormwater Conveyance System Management and Maintenance Agreement Property Description: Site Address: 460 Marsh Site APN: 003 - 511- 017 Permit No. BLDG -1247-2017 Project: 4 New Townhomes (hereinafter referred to as "PROJECT") Legal Description: Refer to Exhibit A, attached hereto This Agreement is made and entered into in San Luis Obispo, California, this q day of 201 by and between Dansk, LLC, a California Limited Liability Company (hereinafter referred t0 as "OWNER") and the City of San Luis Obispo, a municipal corporation, located in the County of San Luis Obispo, State of California, (hereinafter referred to as "CITY"). This Agreement is made in accordance with existing codes and regulations and in accordance with the approved PROJECT plans and specifications on file at the CITY (hereinafter collectively referred to as "PLANS") with respect to the following recitals: RECITALS: The undersigned OWNER of the real property referenced above, hereby covenants with CITY to utilize on-site stormwater management systems (i.e. structural and/or non-structural) to minimize runoff and pollutants in runoff and to provide permanent storm drainage maintenance to control, manage, retain, treat, infiltrate and dispose of (1) on-site storm drainage for the PROJECT and (2) ancillary street and site drainage from the adjoining street and sites, as stipulated in the PLANS and in the Private Stormwater Operations and Maintenance Manual on file at the CITY (hereinafter referred to as "MANUAL"). The storm drainage improvements shown and described in the PLANS are hereinafter referred to as the "SYSTEM". OWNER is solely responsible for adhering to the requirements set forth in the PLANS and MANUAL and agrees to the following conditions in compliance with all local, state, federal laws and regulations and according to the PLAN and MANUAL: 1. MAINTENANCE: OWNER shall maintain the SYSTEM as required in the PLANS and MANUAL. 2. MONITORING: OWNER shall monitor the SYSTEM as required in the PLANS and MANUAL. 3. INSPECTIONS: OWNER shall routinely inspect the SYSTEM as required in the PLANS and MANUAL. 4. CLEANINGS: OWNER shall routinely clean the SYSTEM as required in the PLANS and MANUAL. 5. REPAIRS: OWNER shall repair the SYSTEM as required in the PLANS and MANUAL. 6. DOCUMENT & REPORT: OWNER shall document all maintenance, monitoring, inspections, cleanings and repairs made to the SYSTEM in the annual report submitted to CITY by June 15"' of each � 2\ -2-a year in a format approved by CITY as detailed in the PLANS and MANUAL, 7. CITY'S RIGHTS & AUTHORITY: Pursuant to San Luis Obispo Municipal Code section 12.08.220, CITY has the right and authority to inspect the SYSTEM to determine compliance with this agreement (i.e. maintenance, monitoring, inspections, cleanings, repairs, documentation and reporting) which may result in enforcement activities and/or abatement if necessary pursuant to applicable laws and regulations. OWNER hereby consents to CITY conducting said inspections between the hours of 8:00 a.m. through 5:00 p.m., Mondays through Fridays. This Agreement shall not be construed as precluding CITY from conducting inspections, which may be necessary due to an emergency. 8. FAILURE TO MAINTAIN, CLEAN AND/OR REPAIR SYSTEM: Failure to maintain, monitor, inspect, clean, repair or document and report as required herein shall constitute a public nuisance. CITY may remedy such public nuisance through any of the applicable procedures as set forth in the San Luis Obispo Municipal Code, including but not limited to Chapter 1.24 and/or Chapter 12.08, and/or may pursue any other legal or equitable remedies to abate such public nuisance. 9. INDEMNIFICATION: OWNER further agrees to defend, indemnify, protect and hold CITY and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including to OWNER's tenants, guests, invitees, agents or employees, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of OWNER, and its agents, employees or contractors, in performing the obligations specified herein, and all expenses of investigating and defending against same; provided, however, that OWNER's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers or employees. 10. BINDING ON FUTURE OWNERS: This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, assigns and successors in interest. 11. NOTICES: Any notice, demand, request, consent, approval or communication to OWNER under this Agreement (hereinafter collectively referred to as "Notices") shall be in writing and either served personally or sent by prepaid, first-class mail to the person and address set forth below. Alternately, OWNER may elect to have Notices sent by e-mail if indicated below and an e-mail address is provided. OWNER shall notify CITY of any change in address, e-mail, or transfer of ownership. Any notice shall be deemed to be effective five calendar days after the date mailed or, if applicable, on the same date the notice was e-mailed. Name �5tkmi11_hn . Ifo Company l Address RLFZV City/State c4dC LL0p 5 I agree to receive Notices by e-mail: Yes No E-mail address:L.CI,�I OWNER: Dansk, LLC, a California Limited Liability Company Susan Kozuschek, Sole Manager and Memb CITY OF SAN LUIS OBISPO: Eric Hage , 'eF Building Official Building & ivision Community Development Department 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, accuracv, or validity of that document. State of California } County of San Luis Obispo } On �- �-V� , before me, Liq-A R. 9e 2i: K Alar'*O-y Pu a Lie - Date Name and Title orIlle Officer personally appeared, i% LUSC.kkCy- _ Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 is/are subscribed to the within instrument and acknowledged to me that lie/shelthcy executed the same in ItWherltherr authorized capacity(iesj, and that by ltis/her/their signatureH on the instrument the person(, 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 is true and correct. LISA R. PEKAREK WITNESS my hand and official seal. Notary Public - California San Luis Obispo County :r 2 Commission # 2266105 Y My Comm. Expires Dec 7, 2022 Signature Signature of Notary I'uhhi Place Notary Seal Above 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, accuracv. or validity of that document. State of California County of San Luis Obispo On—I - 9 " Zv0[ j . before me, PgMj L((,K, XU..i r izy Wbt r Date Name and Title of the Oil'.,,, personally appeared, Name of Signer(s) 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 is true and correct. WITNESS my hand and official seal, Signature —9 Jr. -14 IIA 4 Ak�& S,yutru Notary Public J•w- DIANE DOSTALEK Commission # 21: 41 x �► Notary Public - California z Z San Luis Obispo County n My Comm. Ex ires Dec 25, 2019 Place Notary Seal Above Exhibit A Legal Description in Full PARCELS 1 THROUGH 4 OF PARCEL MAP SLO 13-0061 IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK OF PARCEL MAPS PAGES TO IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. END OF DOCUMENT