Common use of Scope of Responsibility; Transfer of Property Clause in Contracts

Scope of Responsibility; Transfer of Property. a. This Agreement runs with the land and any portion thereof, and applies to and shall bind and be obligatory on the Declarant, the Association, and all present and subsequent owners of the Property or any portion thereof, including their respective successor and assignee owner(s). Each such person or entity is a “Property Owner” responsible in perpetuity with respect to the extent of his, her or its ownership of the Property or any portion thereof, provided, however, that after Formation, the Association shall be considered the “Property Owner” with respect to the entire Property for purposes of the obligations under this Agreement. To the extent allowed by law and consistent with the COA, it is the parties’ intent that the Association be primarily liable for any and all acts or omissions, including those of any owner of the Property or a portion thereof (such as an individual lot), under this Agreement for the O&M. The Association shall have such remedies against the potentially responsible parties as are described in the CC&Rs. b. The Formation and continued existence of an Association is a condition to City approval. Notwithstanding the foregoing, if the Association is dissolved or otherwise terminates its operations for any reason, the owners of the Property or any portion thereof (e.g., a lot) automatically shall assume all of the rights and duties of the Property Owner under this Agreement. In this event, each such Property Owner shall bear primary responsibility for the O&M of any and all Stormwater Treatment Systems and associated inspection and reporting with respect to the owner’s Property. Upon transfer of the Property or any portion thereof, the transferor Property Owner(s) shall provide the transferee Property Owner(s) with a copy this Agreement, the then-current Plans, and an Inspection and Maintenance Checklist that is complete and current as of the transfer date, and shall promptly notify City in writing of the transfer and name(s) of the transferee Property Owner(s) and the address(es) to be used for notices hereunder (see Section 13). Upon such transfer, the transferee Property Owner(s) shall be responsible for complying with the terms and conditions of this Agreement, and the transferor of Property Owner(s) shall bear no future responsibility for inspection or reporting under this Agreement, provided, however, that no transfer of the Property or any portion thereof is intended or shall be construed to release any transferor or transferee Property Owner from any obligations or liabilities with respect to the Stormwater Treatment Systems (including O&M) that accrued or arose out of acts or omissions during its/their period of ownership. Nothing in this Agreement is intended or shall be construed to allow any responsibilities under this Agreement to be transferred separate and apart from the Property or any portion(s) thereof.

Scope of Responsibility; Transfer of Property. a. This Agreement runs with the land and any portion thereof, and applies to and shall bind and be obligatory on the Declarant, the Association, and all present and subsequent owners of the Property or any portion thereof, including their respective successor and assignee owner(s). Each such person or entity is a “Property Owner” responsible in perpetuity with respect to the extent of his, her or its ownership of the Property or any portion thereof, provided, however, that after Formation, the Association shall be considered the “Property Owner” with respect to the entire Property for purposes of the obligations under this Agreement. To the extent allowed by law and consistent with the COA, it is the parties’ intent that the Association be primarily liable for any and all acts or omissions, including those of any owner of the Property or a portion thereof (such as an individual lot), under this Agreement for the O&M. The Association shall have such remedies against the potentially responsible parties as are described in the CC&Rs. b. The Formation and continued existence of an Association is a condition to City approval. Notwithstanding the foregoing, if the Association is dissolved or otherwise terminates its operations for any reason, the owners of the Property or any portion thereof (e.g., a lot) automatically shall assume all of the rights and duties of the Property Owner under this Agreement. In this event, each such Property Owner shall bear primary responsibility for the O&M of any and all Stormwater Treatment Systems and associated inspection and reporting with respect to the owner’s Property. Upon transfer of the Property or any portion thereof, the transferor Property Owner(s) shall provide the transferee Property Owner(s) with a copy this Agreement, the then-then- current Plans, and an Inspection and Maintenance Checklist that is complete and current as of the transfer date, and shall promptly notify City in writing of the transfer and name(s) of the transferee Property Owner(s) and the address(es) to be used for notices hereunder (see Section 13). Upon such transfer, the transferee Property Owner(s) shall be responsible for complying with the terms and conditions of this Agreement, and the transferor of Property Owner(s) shall bear no future responsibility for inspection or reporting under this Agreement, provided, however, that no transfer of the Property or any portion thereof is intended or shall be construed to release any transferor or transferee Property Owner from any obligations or liabilities with respect to the Stormwater Treatment Systems (including O&M) that accrued or arose out of acts or omissions during its/their period of ownership. Nothing in this Agreement is intended or shall be construed to allow any responsibilities under this Agreement to be transferred separate and apart from the Property or any portion(s) thereof.