Contract - Mesa Consolidated Water - 2002-03-06 • COVENANT AND AGREEMENT
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This Covena�,npt and Agreement is made and entered into on the day of
_ ' _e.—2oQ0'between Burnham USA, a corporation(hereinafter"Owner"),
Staples, Inc. a corporation(hereinafter 'Lessee") and the Costa Mesa Sanitary District,a
sanitary district established pursuant to the provisions of Health and Safety Code Section
6400, et se (hereinafter 'District"),who collectively may be hereinafter referred to as
the 'Parties'
Recitals
1 Owner is the owner of certain real property commonly known as 241 E.
17th.Street, Costa Mesa, and legally described in Exhibit A located within the District
boundaries and subject to District jurisdiction with respeot To ssuance of sewer permits.
2. Lessee has constructed improvements consisting of a truck ramp and
loading dock(hereinafter 'Subject Improvements")over District's sewer easement and
sewer line as is more specifically set forth in Exhibit 'B'
3. The construction of the Subject Improvements may interfere with
District's easement rights pertaining to a sewer line.
• 4 The District is concerned that the Subject Improvements which have been
constructed within and over a District sewer line easement may cause the District
increased maintenance and repair costs.The District requires that the Owner and any
future owner guarantee that the Subject Improvements will not prevent necessary work
from being performed on said sewer line in the future and that District will not suffer
increased costs in repairing or maintaining that line.
Now therefore, the parties agree as follows:
AGREEMENT
I Owner and Lessee, as well as its successors-in-interest thereafter agree to
be responsible,for as long as they shall be the owners or lessees,respectively of said
property for effecting any necessary repairs or maintenance to the sewer line running
beneath the Subject Improvements and within the District easement,including any
excavation necessary to access said line, and to record this Covenant and Agreement
against said property to run with the land and bind any and all future owners. Said
obligation shall run in favor of all property that would be affected by the need for such
repairs or maintenance to said sewer line, and those properties shall be third party
= beneficiaries of this Covenant and Agreement.District may agree to perform said
• maintenance and repair at Owner's, Lessee's or successors-in-interest cost.
2. The Owners and Lessee and successors in interest shall indemnify defend •
and hold the District harmless from any claims,damages,actions,and liabilities which
might arise from any breach by the owner or lessee of its covenant for maintenance and
repair of said sewer line lying directly beneath the Subject Improvements and within the
District easement as set forth herein. This indemnification obligation includes but is not
limited to claims,damages,actions and liabilities arising from settlement,stoppages and
leaks,but only if caused by the area depicted in the Subject Improvements as shown in
Exhibit B.
3. This Covenant and Agreement shall be binding on successors in interest.
4. Should litigation-be necessary to enforce the obligations set forth in this
Covenant and Agreement, the prevailing party shall be entitled to reasonable attorneys
fees.
Wherefore,the Parties execute this Agreement effective as of date first written above.
COSTA MESA SANITARY DISTRICT •
President
Secretary
OWNER
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By 6/, l.rt-----\_
Title: SIT T I�ta Lhoi , �(/1Fr ,44 4 —
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•
• LESSEE
Staples, Inc
By.
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Tifle•/��/� �J��/1/�S . ,�ij
NV' /4
— Carl. L Robertson
State of California
county of San Bernardino
Subscribed and sworn
• (or Affirmed)to before methis TOM JAND
da Of h4+ c , ° '' ' comm.s
rpv Gout& m
rMCae, r as.um.to.am
or Notary Public
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •
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,g State of California
li.. County of �� ss.
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to On ,�� '/,.yy/�0 -before me, n. —' ^.
Irk Oa10" a its A ORic<t(44..'J Dot.Notary POW) :'
personally appeared _� rr<...r/ la. '1
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Lrsonally known to me
❑ proved to me on the basis of satisfactory
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to be the personTs) whose name(s) is/are 1.
Fi subscribed to the within instrument and
acknowledged to me that he/she/they executed
n the same in hisTher/their authorized
capacity(ies), and that by his/her/their
r. t 4tia. JANET FRIEDRICH; signature(s) on the instrument the person(s), or
C.;^~ F,tS CO*ntsx180127 the entity upon behalf of which the person(s)
Q_._ i" oTART PUDLIC•CALIFORNa1Q
<'S' :ii„/ o ec�M, 0 acted, executed the instrument.
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. 7 „?.: . COMM.ezr APRIL 2!.200214
p WITi S my hand and official seal. f
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• -TIONAL ,
is Though the in • . atiart below is not required by law, a may prove valuable to persons relying on the document
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and CO • •revent fraudulent removal and reattachment of this form to anoMer document.
r Description of Attach• - • • ument i.
lc Title or Type of Document
3i Document Date: _Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer
Signer's Name: R1GMT Tau:'SPRIr:T
❑ Individual ;. oe SlrtlCxr,E„s
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% 0 Corporate Officer—libels):
0 Partner—fl Limited ❑ General
❑ Money in Fact
❑ Trustee
Cl Guardian or Conservator
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Signer Is Representing: •
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