HomeMy WebLinkAbout2007 CON Private Storm Water Agreement - APN 551-590-15, 16, 17 - National Housing FundRecording Requested By:
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)
Director of Public Works/Engineering)
)
When Recorded Mail to: )
City Clerk )
City of National City )
1243 National City Blvd. )
National City, CA 91932 )
DQC # 2007-0194733
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MAR 22. 2007 12:58 PM
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07 0194733
SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
Assessor's Parcel No. 551-590-15 , 551-590-16,
551-590-17
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) A attached hereto and made a part hereof
(hereinafter referred to as the "property"), is entered into by National Housing Fund
(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 - 9402-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
7741
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
WIIEREAS, 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 he 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 he 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
7742
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.
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1 1. 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.
7744
[N WITNESS WHEREOF, the parties have executed this Agreement
This day of , 20
Develope
(Print name:)
(Print name:
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
7745
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 561/411 1)
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On .0 •
Date
before me, ((,•tncC (-CA 7 - SC cu!l �v Pi.(.. IL)/ tC
Name and Title of Officer (e.g , 'Jane Doe. Notary Publi )
personally appeared S l rl \ BCC
Name(s) of Signer(s)
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Place Notary Seal Above
personally known to me
.:1 (or proved to me on the basis of satisfactory evidence)
to be the person 4sr) whose name0 is/ar 'subscribed to the
within instrument and acknowledged to me that
he/staglyarexecuted the same in his/Fjer/th authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(sj; or the entity upon behalf of
which the person(s) acted, executed the instrument.
WIT,NE,$S my han Land official seal.
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OPTIONAL
Signature of Notary Public
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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner — _ Limited -- General
I Attorney in Fact
Trustee
! Guardian or Conservator
-! Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
-op of thumb here
Signer's Name:
I Individual
J Corporate Officer — Title(s):
: Partner — - Limited General
Attorney in Fact
= Trustee
Guardian or Conservator
T. Other:
Signer Is Representing:
2006 National Notary Association • 9350 De Soto Ave.. PO Bax 2402 • Chatsworth. CA
Item Na 5907 Reorder
RIGHT THUMBPRINT
OF SIGNER
Too of Numb here
6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 3a m D t 6:5)
OnC • c? CX(c before me,
Date
7746
Lk.rY\ C CA)t`E IvC±Zr( r��-t�
Name and Title of Officer (e g "Jane Doe. Notary Public")
personally appeared ` 41 t) It (h o c.
Name(s) of Signer(s)
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Place Notary Seal Above
personally known to me
7 (or proved to me on the basis of satisfactory evidence)
to be the person(Arwhose name(s) is/aresubscribed to the
within instrument and acknowledged to me that
he/statrittpf executed the same in his/iler/tbeir authorized
capacity(ies), and that by his/her/if-lair signature(s) on the
instrument the person(A or the entity upon behalf of
which the person 1 acted, executed the instrument.
WIT SS my hand anicial seal.
�iQ1 l
OPTIONAL
Sig r tCre of Notary Public
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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _
_ Individual
Corporate Officer — Title(s):
Partner — I. Limited ' I General
L. Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top o' Crumb here
Signer's Name: _.
if Individual
IJ Corporate Officer — Title(s):
' Partner — __ Limited _ General
Attorney in Fact
Trustee
f I Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top o' rere
0• 2006 National Notary Association • 9350 De Soto Ave PO Box 2402 • Chatsworth, CA 91313-2402
Reorder: Call Toll -Free 1-800-876-6827
EXHIBIT A
PROPERTY DESCRIPTION AND MAP
PRIVATE STORMWATER TREATMENT
MAINTENANCE AGREEMENT
FOR PACIFIC VIEW TERRACE
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LEGAL DESCRIPTION PRIOR TO
FINAL MAP RECORDING:
A PORTION OF LOT 70 OF HORTON'S PURCHASE RANCHO MISSION OF SAN DIEGO, IN THE CITY
OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MARCH
9, 1878.
APN AND ADDRESSES PRIOR TO
FINAL MAP RECORDING:
APN: 551-590-15, 551-590-16 AND 551-590-17
ADDRESSES: 1055-1315 EAST DIVISION STREET
THROUGH 1340 FIG CT.
PRIVATE STORM DRAINAGE LEGEND
NEW TERRACE DITCH, TYPE D.
NEW CONCRETE SWALE
NEW STORMCEPTOR UNIT. 0
NEW STORM DRAIN.
NEW TYPE B CURB INLET. . 0
NEW TYPE A4 STORM DRAIN CLEANOUT. .
NEW PRECAST CATCH BASIN m
NEW 4" AREA DRAIN
NEW 4" CLEANOUT o
NEW 3" STORM DRAIN
SHEET 1 OF 2
EXHIBIT A
PROPERTY DESCRIPTION AND MAP
■II S= a a a=aa
7749
OPERATIONS AND MAINTENANCE PLAN
FOR BEST MANAGEMENT PRACTICES
PACIFIC VIEW TERRACE
NATIONAL CITY, CA
Prepared by:
BURKETT AND WONG ENGINEERS
3434 FOURTH AVENUE
SAN DIEGO, CA 91913
(619) 299-5550
Prepared for:
NATIONAL HOUSING FUND, INC.
640 NATIONAL CITY BOULEVARD, SUITE 6
NATIONAL CITY, CA 91950
7750
TABLE OF CONTENTS
A. Introduction 2
Al. Responsible Parties 2
A2. Summary of Post -Construction BMP's 2
B. Employee Training Program 3
B 1. Training Frequency
C. Access Easement for City Inspection of BMP 4
D. Stormceptor Maintenance 5
E. Asphalt Concrete Pervious Pavement Maintenance 5
F. Maintenance Costs 6
G. BMP Maintenance Plan 7
I -I. References 9
O&MP - 1
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A. Introduction:
The purpose of the Operations and Maintenance Plan is to describe the procedures
necessary to maintain the 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:
PACIFIC VIEW TERRACES I TOME; OWNER'S ASSOCIATION
640 NATIONAL CITY BOULEVARD, SUITE 6
NATIONAL CITY, CA 91950
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 City
of National City 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.
O&MP - 2
7752
B. Employee Training Program
The Pacific View Terraces 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 as required to maintain the water quality effects.
B1. 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
The proposed water easement as shown on the site improvement plans will also serve as
the access easement for the City to inspect BMPs if necessary.
O&MP - 3
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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.
Maintenance of the Stormceptor is performed from the surface via vacuum truck.
Routine
Action
Maintenance
Indicator
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
O&MP - 4
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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.
E. Asphalt Concrete Pervious Pavement Maintenance
Effective pervious paving system performance requires regular and effective
maintenance.
General Maintenance
"['he surface course of all pervious paving systems must be inspected for cracking,
subsidence, spalling, deterioration, erosion, and the growth of unwanted vegetation at
least once a year. Remedial measures must be taken as soon as practical.
Care must be taken when removing snow from the pervious paving surface courses.
Pervious paving surface courses can be damaged by snow plows or loader buckets that
are set too low to the ground. This is particularly true at permeable paver systems where
differential settlement of pavers has occurred. Sand, grit, or cinders should not be used on
pervious paving surface courses for snow or ice control.
If mud or sediment is tracked onto the surface course of a pervious paving system, it must
be removed as soon as possible. Removal should take place when the surface course is
thoroughly dry. Disposal of debris, trash, sediment, and other waste matter removed from
pervious paving surface courses should be done at suitable disposal/recycling sites and in
compliance with local, state, and federal waste regulations.
The surface course of a porous paving system must be vacuum swept at least four times a
year. This should be following by a high pressure hosing. All dislodged sediment and
other particulate matter must be removed and properly disposed. The high pressure
hosing shall employ a vacuum re -uptake system which will reclaim any sediment laden
water. This sediment laden water then may be disposed of in the sanitary sewer system,
not the storm system.
Other Maintenance Criteria
The approximate time it would normally take to drain the maximum design storm runoff
volume below the pervious paving system's surface course is 8 hours. This normal drain
time should then be used to evaluate the system's actual performance. If significant
increases or decreases in the normal drain time are observed or if the 72 hour maximum
is exceeded, the various system components and groundwater levels must be evaluated
and appropriate measures taken to comply with the maximum drain time requirements
and maintain the proper functioning of the system.
F. Maintenance Costs.
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The cost is based on the number of inspections and cleanings per year. A "ball park" cost
for a typical cleaning would be $400 - $500 per visit. This includes maintenance of both
the Stormceptor and pervious pavement sections.
O&MP - 6
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
Pervious Pavement Systems
The surface course of a porous paving system must be vacuum swept
at least four times a year or when observable ponding water exceeds 8
hours. This should be following by a high pressure hosing.
O&MP - 8
H. References:
1. STORMCEPTOR, www.stormceptor.com.
2. RINKER MATERIALS, www.rinkermaterials.com
7758
O&MP - 9