HomeMy WebLinkAbout2007 CON Private Storm Water Agreement - APN 556-590-43 - Clubbass
Recording Requested By:
City Engineer
When Recorded Mail to:
City Clerk
City of National City
1243 National City Blvd.
National City. CA 91950
8549
DOC # 200 7-0630978
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SEP 27. 2007 3:05 PM
RELORDER", OFFICE
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SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT •
Sub -Division
Assessor's Parcel No.556-590-43 Project No.:CUP-2004-19
W.O.No.:
THIS AGREEMENT for the periodic maintenance and repair of Private Permanent Storm Water
Best Management Practices (Private Permanent Storm Water BMPs) (hereinafter referred to as
the "BMPs"), is made by and between the City Of National City, a municipality and
CCDI Properties, LLC (hereinafter referred to as "Developer")
for the benefit of future owners who will use the BMPs, 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 on the site map,
Exhibit "A", attached hereto, that will use and enjoy the benefit of said BMPs incidental to its
development; and
WHEREAS, establishment of the BMPs is a condition of developing the property; and
WHEREAS, there exists a benefit to the public when the BMPs are adequately maintained
on a regular and periodic basis; and
WHEREAS, it is the desire of the Developer that said BMPs shall be maintained in a safe
and usable condition by the owners; and
8550
WHEREAS, it is the desire of the Developer to conduct the periodic maintenance and
repair of said BMPs and for the apportionment of the expense of such maintenance and repair
among existing and future owners; and
WHEREAS, BMPs have been separately described in the Maintenance & Operation (M &
0) Plan, Exhibit "B", attached hereto and made a part hereof (hereinafter referred to as the
"plan"), consistent with Drawing Number(s) _9267-D , copies of which are on file in
the office of the City Engineer.
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 Developer will submit to the City an annual maintenance report verifying the
maintenance and efficient operation of said BMPs.
2. The Developer will maintain operation and maintenance records for at least five (5)
years. These records shall be made available to the City for inspection upon request at any time.
3. 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.
4. The cost of maintaining the installed BMPs shall be paid by the owner or the heirs,
assigns and successors in interest of each such owner, proportional to their respective interest.
5. 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.
6. The maintenance to be performed upon the BMPs under this Agreement on the property
shall be as set forth in the Plan, Exhibit "B". Owner shall conduct any repair that is necessary to
adequately maintain said BMPS in a functional condition in accordance with their intended
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purpose. Repairs under this Agreement shall include, but is not limited to, repairing access
roadbeds, repairing and maintaining drainage structures, removing debris, and other work
reasonably necessary and proper to repair and preserve the BMPs for their intended purposes.
7. 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 BMPs, as herein set forth
shall commence when the improvements have been completed and approved by the City.
8. Any extraordinary repair required to correct damage to said BMPs 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 BMPs to the condition and proper storm water
functioning existing prior to said damage.
9. 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.
10. 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 BMPs, or its failure to comply with the terms of this
Agreement.
11. 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 BMPs 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.
12. 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.
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13. 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 Council.
14. 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.
15. 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 135I(h), and (ii) the
Common Area of the property (including the BMPs) is managed and controlled by an
Association:
(a) The Association, through its Board of Directors, shall repair and maintain the BMPs.
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 10 of the Agreement in its
entirety, and the Association shall assume the duty to defend, indemnify and hold harmless the
City described in paragraph 10. 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 135I (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.
16. Should the Developer, the Owners, an Association, or any of their successors, heirs
or assigns fail to comply with their repair and maintenance obligation under this Agreement, the
City Of National City shall have the right, but not the duty, to perform such repair and
maintenance, and shall be entitled to recover the full cost of such repair from the party having
such repair and maintenance obligation.
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IN WITNESS WHEREOF, the parties have executed this Agreement
This a7 & day of jt/l,e � 2007_.
Developer:
CCDI Properties, LLC
(Print name:)
B. Darryl Cl ubb, Managing Member_
(Print name)
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of . _ 5 O
4
On �� l� 1 before me I N S
Detc I Nar arq rue ofg '.Li rc, Noy Pudic 1 / � ��
personally appeared !�,
SIer(s) V vInj OrkaShy(.e,
Qha.Tn(9i �t tJ
JEK/Fet tM. o=MOM
Cartnlbbn • 1446954
Nolopy ruble - Caffomio [y1101 Pogo county _tmy Comm. EiprotOcir 31).
�: Ner50ndlly known TO nl2
proved to me on the basis of satisfactory
evidence
to be the person(c). whose name(s)- isfere
subscribed to the within instrument and
acknowledged to me that hefeAetitie.y executed
the same in hisfher/lkeic authorized
capacity(iee), and that by hisifrerkheio
signature(e) on the instrument the person(s), or
the entity upon behalf of which the person(e)
acted, executed the instrument.
WITNESS my h.nd and official seal.
S:gnalure o _QY P.,be
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document rr 11 -►/
Title or Type of Document: Il� (�A �i�t.k $ W UP /h („rZQJYLQl
Document Date: • c,1. 7 ID d7 -- Number of Pages:
Signer(s) Other Than Named Above: AV/4 _.
Capacity(ies) Claimed by Signer L //--
Signer's Name:
•
Trustee
Guardian or Conservator
k,Other:
Individual
Corporate Officer -- Tdle(s):
Partner — I I Limited = General
Attomey-in-Fact
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Signer Is Representing:_ e I PO p er, l i, L_(-
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8555
EXHIBIT "A"
LEGAL DESCRIPTION FOR "PLAZA VILLAGE"
ALL THAT PORTION OF LOT 1 OF MAP 15401, 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, AUGUST 1, 2006.
SBdo, INC Page 1 of 1 Plaza Village Condominiums
Job No 62342.00, August 28, 2006 D.1623421reportslEXHIBIT A_LEGALdoc
EXHIBIT B
PLAZA VILLLAGE - STORMWATER BMP MAINTENANCE AGREEMENT
SITE DESIGN BMP'S
SOURCE CONTROL
BMP'S
STRUCTURAL
TREATMENT BMP'S
POST CONSTRUCTION
PERMANENT BMP'S
TREES AND SHRUBS
LANDSCAPED AREAS
INSPECTION
FREQUENCY'
PROPOSED OPERATION AND MAINTENANCE PROCEDURE DETAILS
O&M RESPONSIBLE PARTY DESIGNEE : PROPERTY OWNER
MAINTENANCE MAINTENANCE METHOD SERVICE FREQUENCY'
FREQUENCY'
SERVICE METHOD
NTEGRATED PEST MANAGEMEN1
EFFICIENT IRRIGATION SYSTEM
TRASH STORAGE
STORM WATER SIGNAGE
{RISTAR TRASH & DEBRIS GUARE
KRISTAR TRENCH DRAIN FILTER
INSERT
WEEKLY
WEEKLY
WCEKLY
WEEKLY
QUARTERLY
QUAD-;TERLY
BI-MONTHLY
BI-MONTHLY
81-MONTHLY
BI-MONTHLY
QUARTERLY
QUARTERLY
PRUNING
TRIMMING
EXTERMINATION
SEASONAL ADJUSTMENT
REPAIR
REPAIR
QUARTERLY FERTILIZATION / REPLACE AS NEEDED
QUARTERLY FERTILIZATION / REPLACE AS NEEDED
QUARTERLY
QUARTERLY
SEMI-ANNUAL
SEMI-ANNUAL
REPLACE AS NEEDED
REPLACE PARTS AS NEEDED
REPLACE PARTS AS NEEDED
REPLACE AS NEEDED
WEEKLY
3/YEAR
MONTHLY
3/YEAR
SCREEN CLEANING
FII. TER CLEANING
YEAP Y
YEARLY
FILTER REPLACEMENT
FILTER REPLACEMENT
'FREQUENCIES LISTED ABOVE ARE FOR RECOMMENDED INTERVALS. ONGOING FREQUNCY SHALL BE DETERMINED BASED UPON ACTUAL SITE CONDITIONS.
CO
of
D ,61742%excel'H •IS
P.qR
(P4%NG LLyT/
SOURCE CONTROL B.M.P. '$
El
STENCILING AT TRENCH DRAIN.
TR4SH STORAGE AREAS COVERED.
COVERED PARKING.
EFFIC/ENT IRR/G4770N AND LANDSLIP/NC.
9-14-07
14PN 556 590-48
PAR >, PM 100.36
COMME4CI4L (MOTEL)
TREATMENT B.M.P. '$
T1 TRENCH DRAIN FILTER ?ZO-GARD' BY KR/STAR
(FGT-D04F4-10).
TRASH AND DEBRIS GUARD 'i`ZO-G4RD. BY KR/STAR
(FC-✓OGJ6).
PROPOSED 'CUR
PER 0-25 ` t_
I
II
B.M.P. SITE MAP FOR:
PL ZI4 VILLAGE
BB&O2
PLANNING ENGINEERING SURVEYING;
62342.20
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