HomeMy WebLinkAbout2005 CON CH - Tremont LLC - Private Storm Water Maintenance AgreementFn
Recording Requested By: )
)
Director of Public Works/Engineering)
)
When Recorded Mail to: )
City Clerk )
City of National City )
1243 National City Blvd. )
National City, CA 91932 )
DOC # 005-10155 5
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NOV 23, 2005 9:13 AM
OFFICIAL RECORDS
S,,N DIEGO COUNTY RECORDER'S OFFICE
GREGORY'J. SMITH.. COUNTY RECORDER
FEES: 0.00
FMES: 15
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SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
Assessor's Parcel No. 5-SZ-3 Z- // Project No.:
W.O.No.:
THIS AGREEMENT for the periodic maintenance and repair of that certain private storm water
treatment facility (hereinafter referred to as the "SWTF"), is, the legal description and/or plat of
which is set forth in Exhibit(s) ,Ci ` attached hereto and made a part hereof
(hereinafter referred to as the "property"), is entered into by CH- -MENU) dc.,=
(hereinafter referred to as "Developer") for the benefit of future owners who will use the private
SWTF, which shall also include the Developer to the extent the Developer retains any ownership
interest in any land covered by this agreement, (hereinafter referred to as "owners").
WHEREAS, this Agreement is required as a condition of approval by the City of National
City of a subdivision project as defined in Section 21065 of the Public Resources code and
pursuant to City of National City Municipal Code Chapter 14.22 and Ordinance No. 2002-2213
for Standard Urban Storm Water Mitigation Plan (SUSMP); and
WHEREAS, Developer is the owner of certain real property described in Exhibit "A" that
will use and enjoy the benefit of said private SWTF incidental to its development. The private
SWTF have been separately described in Drawing Numbers 93 M — 93�9-7> , copies of which
are on file in the office of the City Engineer. Installation of the private SWTF is a condition of
developing the property; and
WHEREAS, it is the desire of the Developer that said private SWTF shall be maintained in
a safe and usable condition by the owners; and
WHEREAS, it is the desire of the Developer to establish a method for the periodic
maintenance and repair of said private SWTF and for the apportionment of the expense of such
maintenance and repair among existing and future owners; and
WHEREAS, it is the City's requirement for the Developer to submit to the City an annual
maintenance report; and
WHEREAS, there exists a benefit to the public when the private storm water facilities are
adequately maintained on a regular and periodic basis; and
WHEREAS, it is the intention of the Developer that this Agreement shall constitute a
covenant running with the land, and shall be binding upon each successive owner of all or any
portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The property is benefited by this Agreement, and present and successive owners
of all or any portion of the property are now and shall be hereafter expressly bound by the
maintenance agreement for the benefit of the land.
2. The cost of maintaining the installed private SWTF shall be paid by the owner or
the heirs, assigns and successors in interest of each such owner, proportional to their respective
interest.
3. In the event any of the herein described parcels of land on the property are further
subdivided, the owners, heirs, assigns and successors in interest of each newly created parcel
shall be liable under this Agreement for their then pro rata share of expenses and such pro rata
shares of expenses shall be computed to reflect their proportionate interest in such newly created
parcels.
4. The repairs and maintenance to be performed upon the private SWTF under this
Agreement on the property shall be adequate to maintain said private SWTF in a functional
condition in accordance with their intended purpose. Repairs and maintenance under this
Agreement shall include, but is not limited to, repairing access roadbeds, repairing and
maintaining drainage structures, removing debris, if any, and other work reasonably necessary
and proper to repair and preserve the private SWTF for their intended purposes.
5. If there is a covenant, agreement, or other obligation imposed as a condition of the
development on the property, the obligation to repair andmaintain the private SWTF as herein
set forth shall commence when the improvements have been completed and approved by the
City.
6. Any extraordinary repair required to correct damage to said SWTF that results
from action taken or contracted for by the owners or their successors in interest shall be paid for
by the party taking action or party contracting for work which caused the necessity for the
extraordinary repair. The repair shall restore the private SWTF to the condition and proper storm
water functioning existing prior to said damage.
7. Any liability of the owners for personal injury as a result of or arising out of
repairs and maintenance under this Agreement shall be borne by the owners in proportion to their
respective interest in the property. Owners shall be responsible for maintaining their own
insurance. This Agreement is not intended to provide for any sharing or assumption of liability
with respect to personal injury or property damage other than that attributable to the repairs and
maintenance undertaken under this Agreement.
8. Owners shall jointly and severally defend, indemnify and hold harmless the City
and each of its officials, directors, officers, agents and employees from and against all liability,
claims, damages, losses, expenses, personal injury and other costs, including costs of defense and
attorney's fees arising out of or in any way related to the use of, repair or maintenance of, or the
failure to repair or maintain the private SWTF.
9. Nothing in this Agreement, the specifications or other contract documents or the
City's review and approval of the plans and specifications or inspection of the work or
maintenance related to the private SWTF is intended to constitute an acknowledgement of a
responsibility or liability for any such matter, and the City and each of its officials, directors,
officers, employees and agents, shall have no responsibility or liability in connection with their
reviews or approvals.
10. This instrument shall be recorded and the obligation hereby created shall
constitute a covenant running with the land, and each subsequent purchaser of all or any portion
thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be
deemed to have consented to and become bound by this agreement, including without limitation,
the right of any person entitled to enforce the terms of this Agreement to institute legal action as
provided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies
provided in this Agreement and to all other remedies at law or in equity.
11. The terms of this Agreement may be amended in writing upon majority approval
of the owners of the land described in Exhibit '�A �� and with the consent of the City,
which consent shall not be unreasonably withheld.
12. This Agreement shall be governed by the laws of the State of California. In the
event that any of the provisions of this Agreement are held to be unenforceable or invalid by any
court of competent jurisdiction, the validity and enforceability of the remaining provisions shall
not be affected thereby.
13. If the Property constitutes a "Common Interest Development" as defined in
California Civil Code Section 1351(c) which will include membership in or ownership of an
"Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to
the contrary notwithstanding, the following provisions shall apply during such time as (i) the
Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(h),
and (ii) the Common Area of the property (including the private SWTF) is managed and
controlled by an Association:
(a) The Association, through its Board of Directors, shall repair and maintain the
private storm water treatment. The Association, on behalf of the owners, shall not be relieved of
this duty except by amendment to the Declaration, and shall receive no compensation for
performing such duties. The costs of maintenance and repair shall be assessed against each
owner proportional to his/her subdivision interest in the Property pursuant to the Declaration.
The assessments shall be deposited in the Association's corporate account.
(b) The provisions in the Declaration which provide for assessment liens in favor of
the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its
entirety, and the Association shall assume the duty to defend, indemnify and hold harmless the
City described in paragraph 8. No individual owners shall have the right or duty to alter,
maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b)
in the Property except as may be allowed by the Declaration.
(c) This Agreement shall not be interpreted in any manner, to reduce or limit the
Association's rights and duties pursuant to its Bylaws and Declaration.
IN W TNESS WHEREO , )he parties have executed this Agreement
This „! �'` ` day of , 20 OS .
G eve
(Print n
V 1TIC'S
(Print name:)
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
)ss
County of San Diego
On October 10, 2005 before me, Cathlynn E. Aguirre, personally appeared Jeb
B. Hall, personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Nota 9' ublic
OPTIONAL
Description of Documents: Private Storm Water Treatment Maintenance
Agreement
Document Date: January 26, 2005
Signer(s) Other Than Named Above: None
Signer is Representing: CH Tremont, LLC
Concordia Communities, LLC
File No: 04604786
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
PARCEL A:
Parcels 1 and 3 of Parcel Map 19792, in the City of National City, County of San
Diego, State of California, filed in the Office of the County Recorder of San Diego
County, July 21, 2005 as File 2005-615622.
PARCEL B:
An Easement for Sewer Purposes along with the right to convey said easement to
The City of National City, over, under and across all that portion of Parcel 2 of
Parcel Map 19792, in the City of National City, County of San Diego, State of
California, recorded in the County Recorder's Office of said County, described as
follows:
Beginning at the Northwesterly most point of said Parcel 2;thence South
61°13'23" East 30.05 feet along the Northerly line of said Parcel 2 to an angle
point in said Northerly line, said angle point being the True Point of Beginning;
thence leaving said Northerly line South 72°18'09" West along an extension of a
Portion of said Northerly line, produced Westerly 27.97 feet to the Westerly line
of said Parcel 2; thence along said Westerly line, North 00°45'23" East 10.54 feet
to a line that is parallel with and 10 feet Northerly, measured at right angles, of
said extended line; thence along said parallel line North 72°18'09" East 15.13
feet to said Northerly line of Parcel 2; thence along said Northerly line South
61°13'23" East 13.79 feet to the True Point of Beginning.
OPERATIONS AND MAINTENANCE GUIDELINES
For the CDS Technologies Models PMSU, PSW & PSWC
CONTINUOUS DEFLECTIVE SEPARATION UNIT
Located at
INTRODUCTION
The CDS unit is an important and effective component of your storm water management
program and proper operation and maintenance of the unit are essential to demonstrate
your compliance with local, state and federal water pollution control requirements.
The CDS technology features a patented non -blocking, indirect screening technique
developed in Australia to treat water runoff. The unit is highly effective in the capture of
suspended solids, fine sands and larger particles. Because of its non -blocking
screening capacity, the CDS unit is un-matched in its ability to capture and retain gross
pollutants such as trash and debris. In short, CDS units capture a very wide range of
organic and in -organic solids and pollutants that typically result in tons of captured
solids each year such as: Total suspended solids (TSS) and other sedimentitious
materials, oil and greases, trash, and other debris (including floatables, neutrally
buoyant, and negatively buoyant debris). These pollutants will be captured even under
very high flow rate conditions.
CDS units are equipped with conventional oil baffles to capture and retain oil and
grease. Laboratory evaluations show that the CDS units are capable of capturing up to
70% of the free oil and grease from storm water. CDS units can also accommodate the
addition of oil sorbents within their separation chambers. The addition of the oil
sorbents can ensure the permanent removal of 80% to 90% of the free oil and grease
from the storm water runoff.
OPERATIONS
The CDS unit is a non -mechanical self-operating system and will function any time there
is flow in the storm drainage system. The unit will continue to effectively capture
pollutants in flows up to the design capacity even during extreme rainfall events when
the design capacity may be exceeded. Pollutants captured in the CDS units separation
chamber and sump will be retained even when the units design capacity is exceeded.
CDS UNIT CLEANOUT
The frequency of cleaning the CDS unit will depend upon the generation of trash and
debris and sediments in your application. Cleanout and preventive maintenance
schedules will be determined based on operating experience unless precise pollutant
loadings have been determined. The unit should be periodically inspected to determine
the amount of accumulated pollutants and to ensure that the cleanout frequency is
adequate to handle the predicted pollutant load being processed by the CDS unit. The
recommended cleanout of solids within the CDS units sump should occur at 75% of the
sump capacity. However, the sump may be completely full with no impact to the CDS
units performance.
Access to the CDS unit is typically achieved through two manhole access covers — one
allows inspection and cleanout of the separation chamber (screen/cylinder) & sump and
another allows inspection and cleanout of sediment captured and retained behind the
screen. The PSW & PSWC off-line models have an additional access cover over the
weir of the diversion vault For units possessing a sizable depth below grade (depth to
pipe), a single manhole access point would allow both sump cleanout and access
behind the screen.
CDS Technologies Recommends The Following:
NEW INSTALLATIONS — Check the condition of the unit after every runoff event
for the first 30 days. The visual inspection should ascertain that the unit is
functioning properly (no blockages or obstructions to inlet and/or separation
screen), measuring the amount of solid materials that have accumulated in the
sump, the amount of fine sediment accumulated behind the screen, and
determining the amount of floating trash and debris in the separation chamber.
This can be done with a calibrated "dip stick' so that the depth of deposition can
be tracked. Refer to the "Cleanout Schematic' (Appendix B) for allowable
deposition depths and critical distances. Schedules for inspections and cleanout
should be based on storm events and pollutant accumulation.
ONGOING OPERATION — During the rainfall season, the unit should be
inspected at least once every 30 days. The floatables should be removed and
the sump cleaned when the sump is 75-85% full. If floatables accumulate more
rapidly than the settleable solids, the floatables should be removed using a
vector truck or dip net before the layer thickness exceeds one to two feet.
Cleanout of the CDS unit at the end of a rainfall season is recommended
because of the nature of pollutants collected and the potential for odor generation
from the decomposition of material collected and retained. This end of season
cleanout will assist in preventing the discharge of pore water from the CDS® unit
during summer months.
USE OF SORBENTS — It needs to be emphasized that the addition of sorbents
is not a requirement for CDS units to effectively control oil and grease from storm
water. The conventional oil baffle within a unit assures satisfactory oil and
grease removal. However, the addition of sorbents is a unique enhancement
capability special to CDS units, enabling increased oil and grease capture
efficiencies beyond that obtainable by conventional oil baffle systems.
Under normal operations, CDS units will provide effluent concentrations of oil and
grease that are less than 15 parts per million (ppm) for all dry weather spills
where the volume is less than or equal to the spill capture volume of the CDS
unit. During wet weather flows, the oil baffle system can be expected to remove
between 40 and 70% of the free oil and grease from the storm water runoff.
CDS Technologies only recommends the addition of sorbents to the separation
chamber if there are specific land use activities in the catchment watershed that
could produce exceptionally large concentrations of oil and grease in the runoff,
concentration levels well above typical amounts. If site evaluations merit an
increased control of free oil and grease then oil sorbents can be added to the
CDS unit to thoroughly address these particular pollutants of concem.
Recommended Oil Sorbents
Rubberizer® Particulate 8-4 mesh or OARSTM Particulate for Filtration, HPT4100
or equal. Rubberizer® is supplied by Haz-Mat Response Technologies, Inc.
4626 Santa Fe Street, San Diego, CA 92109 (800) 542-3036. OARSTM is
supplied by AbTech Industries, 4110 N. Scottsdale Road, Suite 235, Scottsdale,
AZ 85251 (800) 545-8999.
The amount of sorbent to be added to the CDS separation chamber can be
determined if sufficient information is known about the concentration of oil and
grease in the runoff. Frequently the actual concentrations of oil and grease are
too variable and the amount to be added and frequency of cleaning will be
determined by periodic observation of the sorbent As an initial application, CDS
recommends that approximately 4 to 8 pounds of sorbent material be added to
the separation chamber of the CDS units per acre of parking lot or road surface
per year. Typically this amount of sorbent results in a % inch to one (1") inch
depth of sorbent material on the liquid surface of the separation chamber. The
oil and grease loading of the sorbent material should be observed after major
storm events. Oil Sorbent material may also be furnished in pillow or boom
configurations.
The sorbent material should be replaced when it is fully discolored by skimming
the sorbent from the surface. The sorbent may require disposal as a special or
hazardous waste, but will depend on local and state regulatory requirements.
CLEANOUT AND DISPOSAL
A vactor truck is recommended for cleanout of the CDS unit and can be easily
accomplished in less than 30-40 minutes for most installations. Standard vactor
operations should be employed in the cleanout of the CDS unit. Disposal of
material from the CDS unit should be in accordance with the local municipality's
requirements. Disposal of the decant material to a POTW is recommended.
Field decanting to the storm drainage system is not recommended. Solids can
be disposed of in a similar fashion as those materials collected from street
sweeping operations and catch -basin deanouts.
MAINTENANCE
The CDS unit should be pumped down at least once a year and a thorough inspection
of the separation chamber (inlet/cylinder and separation screen) and oil baffle
performed. The unit's intemal components should not show any signs of damage or
any loosening of the bolts used to fasten the various components to the manhole
structure and to each other. Ideally, the screen should be power washed for the
inspection. If any of the intemal components is damaged or if any fasteners appear to
be damaged or missing, please contact CDS Technologies to make arrangements to
have the damaged items repaired or replaced:
CDS Technologies, Inc. Phone, Toll Free: (888) 535-7559
16360 Monterey Road, Suite 250 Fax (408) 782-0721
Morgan Hill, CA 95037-5406
The screen assembly is fabricated from Type 316 stainless steel and fastened with
Type 316 stainless steel fasteners that are easily removed and/or replaced with
conventional hand tools. The damaged screen assembly should be replaced with the
new screen assembly placed in the same orientation as the one that was removed.
CONFINED SPACE
The CDS unit is a confined space environment and only properly trained personnel
possessing the necessary safety equipment should enter the unit to perform particular
maintenance and/or inspection activities beyond normal procedure. Inspections of the
intemal components can, in most cases, be accomplished by observations from the
ground surface.
RECORDS OF OPERATION AND MAINTENANCE
CDS Technologies recommends that the owner maintain annual records of the
operation and maintenance of the CDS unit to document the effective maintenance of
this important component of your storm water management program. The attached
Annual Record of Operations and Maintenance form (see Appendix A) is suggested
and should be retained for a minimum period of three years.
OWNER
ADDRESS
ANNUAL RECORD
OF
OPERATION AND MAINTENANCE
OWNER REPRESENTATIVE
PHONE
CDS INSTALLATION:
MODEL DESIGNATION DATE
SITE LOCATION
DEPTH FROM COVER TO BOTTOM OF SUMP
VOLUME OF SUMP CUYD VOLUME/INCH DEPTH
INSPECTIONS:
CUYD
DATE/INSPECTOR
SCREEN
INTEGRITY
FLOATABLES
DEPTH
SEDIMENT
VOLUME
SORBENT
DISCOLORATION
OBSERVATIONS OF FUNCTION:
CLEANOUT:
DATE
VOLUME
FLOATABLES
VOLUME
SEDIMENTS
METHOD OF DISPOSAL OF FLOATABLES, SEDIMENTS, DECANT
AND SORBENTS
OBSERVATIONS:
SCREEN MAINTENANCE:
DATE OF POWER WASHING, INSPECTION AND OBSERVATIONS:
CERTIFICATION: TITLE:
DATE:
INLET FILTERS
The operational and maintenance needs of Inlet Filters are as follows:
A. Inspection Frequency and Replacement
The facility should be inspected and inspection visits should be completely documented:
• Inspection should occur three times a year at a minimum,
• Prior to the "Rainy Season",
• After every large storm (after every storm monitored or those storms with more than 0.50
inch of precipitation.)
• Filter Medium replacement should occur once a year
Inlet Filters shall be serviced on a recurring basis. Ultimately, the frequency depends on the
amount of runoff, pollutant loading and interference from debris (leaves, vegetation, cans, paper,
etc.).
B. Maintenance Frequency and Service Procedures
A maintenance frequency and service procedure is required on an emergency or non -routine
basis to correct problems and to restore the intended operation and safe function. Guidelines for
the timing of service are as follows:
• For areas with a defmite rainy season: Prior to, during and following the rainy season.
• For areas subject to year-round rainfall: On a recurring basis (at least three times per year).
• For areas with winter snow and summer rain: Prior to and just after the snow season and
during the summer rain season.
• For installed devices not subject to the elements (washracks, parking garages, etc.): On a
recurring basis (no less than three times per year).
Guidelines for the service procedures are as follows:
• The service shall commence with collection and removal of sediment and debris (litter,
leaves, papers, cans, etc.) and broom sweeping around the drainage inlet. Accumulated
materials shall be placed in a DOT approved container for later disposal.
• The catch basin shall be visually inspected for defects and possible illegal dumping. If illegal
dumping has occurred, the proper authorities and property owner representative shall be
notified as soon as practicable.
• The catch basin grate shall be removed and set to one side. Using an industrial vacuum, the
collected materials shall be removed from the liner.
• When all of the collected materials have been removed, the filter medium pouches shall be
removed by unsnapping the tether from the D-ring and set to one side. The filter liner,
gaskets, stainless steel frame and mounting brackets, etc. shall be inspected for continued
serviceability. Minor damage or defects found shall be corrected on -the -spot and a notation
made on the Maintenance Record. More extensive deficiencies that affect the efficiency of
the filter (torn liner, etc.), if approved by the customer representative, will be corrected and
an invoice submitted to the representative along with the Maintenance Record.
• The filter medium pouches shall be inspected for defects and continued serviceability and
replaced as necessary and the pouch tethers re -attached to the liner's D-ring.
C. Debris and Sediment Disposal
Waste generated at Inlet Filters is ultimately the responsibility of the property owner. Disposal of
sediment, debris, and trash will comply with applicable local, county, state, and federal waste
control programs. During the appropriate service, or if so determined by the service technician
during a non-scheduled service, the filter medium pouches will be replaced with new pouches
and the exposed pouches placed in the DOT approved container, along with the exposed debris.
Once the exposed pouches and debris have been placed in the container, disposal must be in
accordance with local, state and federal agency requirements. Note: As the generator, the
landowner is ultimately responsible for the proper disposal of the exposed filter medium and
debris. Because the materials likely contain petroleum hydrocarbons, heavy metal and other
harmful pollutants, the materials must be treated as an EPA Class 2 Hazardous Waste and
properly disposed of. There are services that can relieve the landowner of the actual disposal
task, and provides certification of its completion in accordance with appropriate regulations.
Approximate BMP Installation and Maintenance Costs
BMP
Installation Cost
Annual Maintenance Cost
CDS Unit
$5,500
$800 (2 cleanings/year)
Vegetated Areas & Landscaping
$10,000
$2,400
Curb Inlet Filters (5 Each)
$5,000
$600