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HomeMy WebLinkAbout2006 CON Penske Truck Leasing - Private Stormwater Maintenance AgreementRecording Requested By: City Engineer When Recorded Mail to: City Clerk City of National City 1243 National City Blvd. National City, CA 91932 DOO # 200 --02 50 9 111 111111 1111111111 Il I Ills 11 111 APR 27, 2006 9:44 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GRELGORY.I SMITH, COUNTY RECORDER FEES: 55.00 PAGEEL 11 11IIIIl IIIII 111111111111111111i Hill IIIII IIIII 11111 Hill IIIII H111 H111 HII 1Hi _02�sj$9 SPACE ABOVE FOR RECORDEIiE ONL5Y PRIVATE STORM WATER TREATMENT 6457 MAINTENANCE AGREEMENT Assessor's Parcel No. 562-220-27-00 Project No.: W.O.No.: N/A THIS AGREEMENT is for the periodic maintenance and repair of that certain private storm water treatment facility (hereinafter referred to as the "SWTF"), which is located on a certain parcel of land, the legal description and/or plat of which is set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "property" or the "land"), and is entered into by Penske Truck Leasing Co., L.P., a Delaware limited partnership (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 has been separately described in Exhibit "B", 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 in accordance with the plan set forth in Exhibit "C" attached hereto and made a part hereof; and 11 6458 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 this 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 and maintain the private SWTF as 2 rrfTn Arr\nn rakC[.n nr rnTV,.f.I Hn Irlr nV .nC nwnnr.. .0 ...r... <..a...r..•••...\ ... ....r. r,. -..,.... .... ..a.... .... 6459 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. 3 6460 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. 4 6461 IN WITNESS WHEREOF, the parties have executed this Agreement this g�th day of f1",7 ,20D . Developer: Penske Truck Leasing Co., L.P. By: Penske Truck Leasing Corporation General Partner Andrew Cullen Vice President — Environmental and Telecommunications Services COMMONWEALTH OF PENNSYLVANIA: : ss. COUNTY OF BERKS 1 hereby certify that on this 5 day of , 200 , before me, the undersigned Notary Public of the aforesaid Commonw alth and County, personally appeared Andrew Cullen, who acknowledged himself to be the Vice President of Environmental and Telecommunications Services of Penske Truck Leasing Corporation, general partner of Penske Truck Leasing Co., L.P. and that he, as such officer being authorized to do so, executed the foregoing Agreement for the purposes therein contained by signing the name of the company by himself as Vice President. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day and year first above written. vYiwtehaOlvi4un--- Notary Public My Commission Expires: gbez (o COMMPNWFA&TH OF PENNSY VAN 1 Notarial Seel Michele L Hansen. NC*ary Pvtace Curtail Twp., Becks My Commission Expires Sept.1 , 2006 Member, Pennsylvania Association of Notaries 5 6462 Exhibit "A" Description of the Property [See Attached] LEGAL DESCRIPTION PARCEL A: 6463 PARCEL 2 AS SHOWN ON A PARCEL MAP FILED IN BOOK OF PARCEL MAPS ON PAGE 6880, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 7, 1978, BEING A PORTION OF BAHIA VISTA, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 1815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1924. PARCEL 8: A NON-EXCLUSIVE EASEMENT OF RIGHT OF WAY TO CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A RAILWAY SIDING TRACT TO CONNECT WITH THE TRACK OF THE SAN DIEGO AND ARIZONA EASTERN RAILWAY COMPANY RELOCATED THROUGH LOTS 3 AND 4 OF SOUTHLAND INDUSTRIAL PARK UNIT NO. 1, ACCORDING TO MAP NO. 5792 FILED OCTOBER 7, 1966 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, TOGETHER WITH THE NECESSARY FIXTURES AND APPURTENANCES, AND FOR ALL OTHER PURPOSES CONNECTED THEREWITH, IN, UPON, OVER, ALONG AND ACROSS THAT PORTION OF THE NORTHERLY 18.5 FEET OF LOTS 1, 3 AND 4 OF SOUTHLAND INDUSTRIAL PARK UNIT NO. 1, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5792, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 7, 1966, LYING EASTERLY OF A LINE WHICH LIES EASTERLY OF, PARALLEL WITH, CONCENTRIC TO AND 30.00 FEET DISTANT, MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN PARCEL 1 OF DEED TO RALPH L. BANNISTER, ET UX, RECORDED OCTOBER 30, 1968, AS FILE NO. 189917. EXHIBIT "A" 6464 Exhibit "B" Description of Storm Water Treatment Facility [See Attachedj Esk 6465 DFRAINPACTM SPECIFICATIONS United Storm Water's DranPacs'M are custom designed and are fabricated from high quality materials to meet individual customer requirements. These multi -layer filtration devises are installed in a manner that does not interfere with lateral line water flow, Two commonly used DrainPacry configurations treat urban runoff that enters drop inlets and curb inlets, Regardless of the DrainPacn•' configuration thal is designed and fabricated for your facility, all of United's storm drain filter inserts are made from the same materials as specified below. Filter Liner ■ Non -woven polypropylene • PVC mesh with overflow by-pass • Rated at .60 CFSJsq.ff. Liner Support Basket ■ High density polymer • Rated at 7,540 Ib,7t DROP INLET DRAINPAC T" Designed for drop inlet type storm drains, Installed'self supported on the Gp of the catch basin underneath the traffic grate wimirmorimm tsir;if it ltilllhit Ih•r;"(!!l 1 NM lti 4—Street Level Support Basket Filter Liner T 4 Drain Line CURB INLET DRAINPAC'"" Designed or catch basins. Mounted on the forward inner wall of cut inlets beneath the ant opening. Angle Bracket Fitter Liner Main Line Los AnlEIFs r(877, 77-SSTORM ORM unua un/IVOttratercvm Frame Assembly ■ 3/T6'stainless s • 2'tip • PVC molding Attachment Assembly (Curb Inlet) ■ 3/16" stainless steer • 45° angle brackets ■ 343' anchor bolts San !DMro (866>440.az90 6466 Exhibit "C" Maintenance Plan for the Storm Water Treatment Facility Located on the Property [See Attached] iI 6467 Maintenance Plan for the Storm Water Treatment Facility Located on the Property The DrainPac filter inserts will be inspected and maintained in accordance with the manufacturer's recommendations. Storm sewer inserts will be inspected monthly and after significant rainfall events. The units will be cleaned on a quarterly basis or more frequently if monthly inspections indicate an excessive accumulation of debris.