Loading...
HomeMy WebLinkAbout2006 CON Rachel Avenue Partners - Private Stormwater AgreementRecording Requested By: City Of National City , City Engineer When Recorded Mail to: City Clerk 9 City of National City 61 1243 National City Blvd. National City, CA 91932 11 1 DOC # 006-0 9520 11 III 11 II 11111111II111II11II111111111IIIII 1111 JLIN 05, 2006 2:04 PM OFFICIAL RECORDS 7AN DIEGO Ci LIiNTY RECORDERS OFFICE GFEGOR`r'J, E;MITN: COUNTY RECORDER FEES: 5o.0U PAGES: 1g 111111111111111 IIIII111111III111u iulllIIIIHHWI1111III SPACE Ab— 2006-0396209 PRIVATE STORM WATER TREATMENT MAINTENANCE AGREEMENT Assessor's Parcel No.564-080-3400 & 564-080-1200 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) A attached hereto and made a part hereof (hereinafter referred to as the "property"), is entered into by Rachael Avenue Partners (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 9443-D thru 9470-D, 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 III 6795 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 and maintain the private SWTF as herein 6796. 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. 6797 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. Attachments: Exhibit A, Operation and Maintenance Plan 6798 IN WITNESS WHEREOF, then arties have executed this Agreement This a 6 day of / V I OA/ , 20 0 (a Developer: C�O� (Print name:) A 112r E oi Cis 1 ACA%AEL AveNVAE. rRUE-vs (Print name:) Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. 6799 ACKNOWLEDGMENT State of California County of San ac•e.o On r• 7-4, Zate before me, L • C-0I I; e r-, )364 °,,r`' al( (here insert name and title of the officer) personally appeared P4€ r) EoS personally known to me ( to be the persons) whose name(s) is/ara subscribed to the within instrument and acknowledged to me that he/€shc/thcy executed the same in his/her/th-eif authorized capacity(+es), and that by his/her/theif signature{sj on the instrument the person4s4, or the entity upon behalf of which the person{s).acted, executed the instrument. WITNES my official seal. L. COWER - +i!;;-� Comm.31593550 Signatur --�� m- - NOTARYPUBLIc.GlIFORINA r ° 7A tees T (Seal) EXHIBIT A 4 o . RACHAEL AVE 0 41 0 L•T 23 '\ H.O.A. LOT LOT 23 H.O.A. LOT burkett & wong engineers & surveyors 3434 fourth ave. san diego ca. 92103-5704 • (619) 299-5550 NOT TO SCALE LOT 17� 'j LOT 15 -11 LOT 24 OPEN SPACE ; 4 O LOT ( PRIVATE STORM WATER TREATMENT FACILITIES AQ STORMCEPTOR © INLET FILTER © POROUS PAVEMENT LOT 24 OPEN SPACE EXHIBIT A CANYON RIDGE PRIVATE STORM WATER TREATMENT FACILITIES 05-23-06 J i 6801 OPERATIONS AND MAINTENANCE PLAN FOR BEST MANAGEMENT PRACTICES CANYON RIDGE NATIONAL CITY, CA Prepared by: burkett & wong BURKETT AND WONG ENGINEERS 3434 FOURTH AVENUE SAN DIEGO, CA 91913 (619) 299-5550 Prepared for: Pacific Scene Homes 2505 Congress Street, Suite 220 San Diego, CA 92110 April 4, 2006 O&MP - 1 6802 TABLE OF CONTENTS A. Introduction 3 Al. Responsible Parties 3 A2. Summary of Post -Construction BMP's 3 B. Employee Training Program 4 B1. Training Frequency C. Access Easement for City Inspection of BMP 4 D. Stormceptor Maintenance 4 D1. Maintenance Costs E. Porous Pavement Maintenance 6 E1. Maintenance Costs F. Flo -Gard Plus Catch Basin Filter Insert Maintenance 6 F1. Maintenance Costs G. BMP Maintenance Plan 7 H. References 9 O&MP - 2 6803 A. Introduction: The purpose of the Operations and Maintenance Plan is to describe the procedures necessary to maintain the storm water Best Management Practices. The property owner will be required to maintain the BMPs described herein, in perpetuity. Such responsibilities shall be transferred fully to any and all successors -in -interest. Al. Responsible Parties The property owner or lessee will be required to maintain the BMPs described herein, in perpetuity. Such responsibilities shall be transferred fully to any and all successors in interest. Therefore, the party responsible for overall maintenance is: Canyon Ridge Horne Owner's Association 2505 Congress Street, Suite 220 San Diego, CA 92110 The home owner's association shall document all maintenance requirements and shall retain records for at least five years. These documents shall be made available to the Port of San Diego for inspection upon request at any time. A2. Summary of Proposed Post -Construction BMP's 1. Stormceptor: The Stormceptor will filter anticipated and potential pollutants of concern before entering the public storm drain system and downstream waterbody. A Stormceptor System is a water quality treatment device used to remove total suspended solids and free oil from storm water run-off. Sediment settles to the bottom of the Stormceptor, and oil and grease is filtered from the runoff. 2. Porous Pavement: Porous asphalt pavement captures rainwater and allows it to seep into the ground, reducing stormwater runoff. Fine particulates and soluble pollutants are removed through soil infiltration, reducing the volume of runoff leaving the site and entering the storm drainage system. 3. Flo-gard Plus Catch Basin Filter Insert: This insert is designed to capture sediment, debris, trash & oils/grease from low (first flush) flows. It is gravity - powered and can intercept and contain significant amounts of litter, vegetation, petroleum hydrocarbons and coarse sediments. The filtering process is achieved by one or a combination of the following processes: O&MP - 3 6804 Physical separation and straining Deposition and sedimentation Flotation and passive skimming Adsorption / Absorption by chance or directed contact B. Employee Training Program The Canyon Ridge HOA maintenance supervisor will be responsible for conducting an employee training program for maintenance personnel. This program will ensure that workers will maintain the site BMP's properly and frequently. Duties of the maintenance workers consist of the maintenance of landscaping, mowing of lawns, picking up trash, sweeping parking areas and ensuring trash is collected in a timely manner In addition to these standard duties, workers will be required to maintain the Stormceptor, Flo-gard Plus catch basin filter inserts, and porous pavement as required to maintain the water quality effects. Bl. Training Frequency Training will be conducted upon hire of new maintenance employees. Continued training may be conducted on an as needed basis if the Supervisor deems it necessary. C. Access Easement for City Inspection of BMPs All BMPs can be accessed via the Canyon Ridge private streets. D. Hydrodynamic Separator Unit Maintenance Generally, annual maintenance is recommended but the required maintenance frequency will vary with the amount of pollution (number of hydrocarbon spills, amount of sediment, etc.). It is recommended that the frequency of maintenance be determined based on actual site conditions. If the sediment load is high, maintenance may be required semi-annually. Conversely once the site has stabilized, maintenance may be required less frequently. Maintenance should be performed immediately after an oil spill or once the sediment depth in the Stormceptor reaches the value specified in the Owner's Manual. The depth of oil and sediment in the unit can be determined by inserting a dipstick tube into the unit. O&MP - 4 6805 Maintenance of the Stormceptor is performed from the surface via vacuum truck. Routine Action Maintenance Tndicator Field Measurement Measurement Frequency Maintenance Activity Site -Specific Requirements Hydrodynamic Inspect and Debris, oil or Dipstick and After a spill Manual N/A separator unit remove sediment sampling event or as removal or debris, oil and/or sediment from stormcepter unit accumulation device needed not to exceed 12 months removal by a vacuum truck contractor The Stormceptor unit has been proven in laboratory and field tests to remove over 80% of total suspended solids and 95% of free oils and hydrocarbon spills. By capturing oil spills and suspended solids, the system prevents non -point source pollution from entering downstream lakes and rivers. It is comprised of a round precast concrete tank and fiberglass partition, the patented Stormceptor replaces a maintenance hole in the storm sewer. The Stormceptor consists of a lower treatment chamber, which is always full of water, and a by-pass chamber. Storm water flows into the by-pass chamber via the storm drain. Normal flows are diverted by a weir and drop pipe arrangement into a treatment chamber. Water flows up through the submerged outlet pipe based on the head at the inlet weir and is discharged back into the by-pass chamber downstream of the weir. The downstream section of the pipe is connected to the outlet storm drain pipe. Oil and other liquids with a specific gravity less than water will rise in the treatment chamber and become trapped under the fiberglass weir, since the outlet pipe is submerged. Sediment will settle to the bottom of the chamber by gravity. The circular design of the treatment chamber helps to prevent turbulent eddy currents and to promote settling. During infrequent high flow conditions, storm water will by-pass the weir and is conveyed to the outlet storm drain directly. Water, which overflows the weir, creates a backwater effect on the outlet pipe (head stabilization between inlet drop pipe and outlet riser pipe) ensuring that excessive flow will not be forced into the treatment chamber which could scour or re -suspend the settled material. The by-pass is an integral part of the Stormceptor since other oil/grit separators have been noted to scour during high flow conditions. Dl. Maintenance Costs. The cost is based on the number of inspections and cleanings per year. The cost for a typical cleaning would be $200 - $300 per visit. O&MP - 5 6806 E. Porous Pavement Maintenance The following inspections are recommended: • Several times in the first few months after construction and at least annually thereafter. • After large storms to check for surface ponding that might indicate clogging. If widespread clogging is present, the entire pavement section may need to be replaced. • Pavement surface should be vacuum swept at least four times a year to remove debris from the surface, followed by high-pressure jet hosing to keep the asphalt pores open. Spot clogging of the pavement can be relieved by drilling half -inch holes through the porous asphalt layer every few feet. Landscaping materials such as mulch, sand, and topsoil should never be loaded or placed on the porous pavement section, even temporarily. Potholes and cracks can be repaired using conventional patching mixes. El. Maintenance Costs. The cost is based on the number of inspections and cleanings per year. Maintenance for the pervious pavement is estimated at approximately $1,075 per year. F. Flog-gard Plus Catch Basin Filter Insert Maintenance An effective maintenance program should include the following key components: 1. REGULAR SWEEPING AND REMOVAL OF DEBRIS: The private street should be swept on a regular basis. Sediment and debris (litter, leaves, papers and cans, etc.) within the area, especially around the drainage inlet, should be collected and removed. The frequency of sweeping should be based on the amount of sediment and debris generated. 2. REGULAR INSPECTIONS: The installed devices should be inspected on a regular basis. The frequency of inspection should be based on pollutant loading, amount of debris, leaves, etc., and amount of runoff. Manufacturer recommendations include no less than three inspections per year. Manufacturer guidelines for timing of inspections are: a. For areas with a definite rainy season: Prior to, during the rainy season. b. For areas subject to year-round rainfall: On a recurring (preferably scheduled) basis. O&MP - 6 6807 3. SERVICE PROCEDURES: a. The service shall commence with collection and removal of sediment and debris and broom sweeping around the inlet. Accumulated materials shall be placed in a DOT approved container for later disposal. b. The catch basin grate shall be removed and set to one side. The catch basin shall be visually inspected for defects and possible illegal dumping. If illegal dumping has occurred, the proper authorities and property owner representatives shall be notified as soon as practicable. c. Using an industrial vacuum, the collected materials shall be removed from the liner. d. 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. e. 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. f. The grate shall be replaced. 4. CLEANING OUT THE FLO-GARD FILTRATION DEVICE: Regardless of the model of Flo -Gard filtration device, the devices must be cleaned out on a recurring basis. The manufacturer recommends at least three cleanings per year — more in high exposure areas. 5. DISPOSAL OF THE COLLECTED POLLUTANTS AND EXPOSED ADSORBENT: Note: As the generator, the home owners association is ultimately responsible for the proper disposal of all materials collected and exposed adsorbent. The collected debris and the exposed adsorbent, which should be placed in DOT approved drums, with proper handling and documentation, can usually be disposed of at a landfill. However, because disposal regulations vary by area, it is recommended that the persons disposing of the material contact their local regulatory agency and landfill to ensure compliance with local and state environmental regulations. 6. REPLENISHMENT OF ADSORBENT MATERIAL SUPPLY: The frequency of filter medium pouch exchange will be in accordance with the existing DPS-Customer Maintenace Contract. DPS recommends that the medium be changed at least once per year. 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 O&MP - 7 6808 with the exposed debris. Once the exposed pouches and debris have been placed in the container, DPS has possession and must dispose of it in accordance with local, state and federal agency requirements. KriStar's comprehensive maintenance plans are based on exposure to sediment, debris, and petroleum hydrocarbon pollutants. Each of the plans will provide for proper handling and disposal of the exposed adsorbent. Plus, subsequent to the service, the landowner and the appropriate oversight agency involved will be furnished certificates of service. The cost is based on the number of inspections, cleanings and filter medium changes, the number of filters installed at the site, and other factors. Fl. Maintenance Costs. The cost is based on the number of inspections and cleanings per year. The estimated annual cost is approximately $1000. O&MP - 8 G. BMP Maintenance Frequency Matrix BMP FREQUENCY Homeowner or Tenant Education Continuous distribution Common Area Landscape Management Monthly during regular maintenance Common Area Litter Control Weekly sweeping and trash pick up within project construction areas and landscape areas. Daily inspection to pick up any excess trash on the ground. Catch Basin Inspection Once a month to clean debris and silt in bottom of catch basins. Intensified around October 1st of each year, prior to "first flush" storm. Street Sweeping Streets and Parking Daily during construction, or as needed. Once per month after construction, or as needed, with frequencies intensified prior to the rainy season. Storm Drainage System Stenciling and Signage Once every six months, inspect for re -stenciling needs and re -stencil as necessary Conveyance System (Pipes) Once a month and after each major storm event to clean pipes of all sediment and debris, remove vegetation so water will flow freely through the pipe, and repair or replace pipes which have damaged protective coating or rust causing more than 50% deterioration to any part of the pipe Effective Landscaping/Irrigation (Trash Removal and Weed Control) Every two weeks in summer and once a month during other seasons to remove paper, cans, bottles and other trash items, remove weeds growing in more than 20% of the landscaped areas, and remove any poison ivy or other poisonous vegetation O&MP - 7 BMP Maintenance Frequency Matrix (Cont.) BMP FREQUENCY Effective Landscaping/Irrigation (Tree and Shrub Maintenance) After every major wind storm event to repair/remove limbs or parts of trees or shrubs that are broken which affect more than 25% of the total foliage, and repair/replace trees or shrubs that have been blown down or knocked over, causing exposure of the roots Effective Landscaping/Irrigation (Irrigation System) Every two weeks in summer and once a month during other seasons; turn irrigation system down if visible puddles and pools of water are present when no rainfall has occurred, maintain irrigation system at a level which keeps plants healthy if grass and plants appear brown or leaves have fallen off plants, and replace sprinkler heads to manufacturers specifications if broken or missing, causing an interruption in normal irrigation flows Hydrodynamic Separator Unit After every spill event or as needed (not to exceed 12 months) to inspect and remove debris, oil and/or sediment from the unit in order to free the chamber from all total suspended solids, oil and grease O&MP - 8 6811 H. References: 1. STORMCEPTOR, www.stormceptor.com. 2. RINKER MATERIALS, www.rinkermaterials.com 3. KRISTAR, www.kristar.com O&MP - 9