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Home My WebLink AboutD-2119 Stormwater System Mgt Maintenance Agreement - Mavis 2326 Santa Ynez 052136048RECORDING REQUESTED BY: City of San Luis Obispo WHEN RECORDED, PLEASE RETURN TO City of San Luis Obispo Community Dcvelopme& 919 Palm Street San Luis Obispo, CA 43 FEB 072019 2019002887 Tommy Gong San Luis Obispo - County Clerk -Recorder 01/24/2019 12:11 PM Recorded at the request of: PUBLIC Titles: 1 Pages: 5 Fees: $0.00 Taxes: 0.00 Total: $0.00 111INWARMA2813711 No fee pursuant to Government Code § 6103 SLO CITY CLERK No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 City of San Luis Obispo Standard Private Stormwater Conveyance System Manauement and Maintenance Agreement Property Description: Site Address: 2326 Santa Ynez, San Luis Obispo, CA Site APN: 052 —136 - 048 Permit No. BLDG -1039-2017 Project: New Single -Family Residence (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 day of , 20__, by and between Flint Mavis and Piper Mavis (hereinafter referred to 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'h of each 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 tAky r Company Address City/State e7Aetis [.� s r� I agree to receive Notices by e-mail: Yes E-mail address: OWNER: I � P Ul-i Flint IVlavi CITY OF SAN LUIS OBISPO: Eric HCen_,bhJ Building Official Buildinga Division Community Development Department No _cX Piper Mavis 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 validitv of that document. State of California } County o uts Vs A��1•J} On - , before me, _G0011 F j2A,61A a4le-Z r - N h►rs, Vale Nene and Title of the PfRtT personally appeared, _ &line 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. p FIORELLA PAOLA SALAZAR •`'�� Notary Public - California �!' = i. �`.��_ •,. Los Angeles County Commission # 2248710 My Comm, Expires Jul 2, 2022 Signature 5i�rntne a Place Notary Seal Above Gp3 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 validitv of that document. State of California } County of£err vis� L*s p,e jtsly} On, ill - 2,-2_ ^ { j , before me, , -r e z��1 ., � � . ' �� r — Au a -l-r Qt P4 , l . , Date Nar6 wW Title of the O iCcr personally appeared,M p�r 5 -Name of Signers) 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 - - "--ZIC — Sipai or aty P&Iflc FIORELLA PAOLA SALAZAR V Notary Public . California 0',y..,o.,,� z' Los Angeles County `"'° "`� Commission # 2248710 My Comm. Expires Jul 2, 2022 Place Notnry Seal Above ACKNOWLEDGMENT 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 ._f' U I I i J 'U On 1 Z3 • Z01 before me, 0111(V1 T'OL6K, fyt'Wi pu otic (insert name and title of the officer) personally appeared E� `i.��'r -t IV 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 0 zf�, gtS42- DIANE DOSTALEK commission # 2138341 z -� Notary Public - California a z San Luis Obispo County (S@81) M Comm. Expires Dec 25, 2019 Exhibit A Legal Description in Full Lot 2 in Block 6 of Monterey Heights, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded September 23, 1925 in Book 3, Page 66 of Maps, together with that portion of San Juan Drive, abandoned by the City of San Luis Obispo, per Resolution Numbers 9676(2005 Series) and 9846(2006 Series) both recorded April 5, 2012 as instrument numbers 2012018413 and 2012018414 of Official Records. ENI) 0P; ')0G1JW0