HomeMy WebLinkAbout2008 CON Private Storm Water Agreement - APN 564-080-3400, 1200 - Rachael AvenueRecording Requested By:
City Engineer
When Recorded Mail to:
City Clerk
City of National City
1243 National City Blvd.
National City, CA 91950
) SPACE ABOVE FOR. _
DOC # 2008-0034029
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JAN 24, 2008 11:14 AM
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PAGES: 16
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PRIVATE STOR.M WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT
Sub -Division
564-080-3400
564-080-1200
Assessor's Parcel No. Project No.
W.O.No.:
THIS AGRP,PMI_1Nl' 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
Rachael Avenue Partners (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 BM -Ps 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
323g.
3239
WHEREAS, it is the desire of the Developer that said HMPs shall be maintained in a safe
and usable condition by the owners; and
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) 9443-D thru 9470-o 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.
WHEREAS, this document shall supersede the Private Storm Water Treatment
Maintenance Agreement, Document NO. 2006-0395209, that was recorded on June 5, 2006 by
the San Diego County Recorder's office.
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 he 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
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3240
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 he as set forth in the Plan, Exhibit "B". Owner shall conduct any repair that is necessary to
adequately maintain said HMI'S in a firnctional condition in accordance with their intended
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 he 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 arid 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.
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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 he cumulative and in addition to other remedies provided in
this Agreement and to all other remedies at law or in equity.
13. The terms of this Agreement may be amended in writing upon majority approval oldie
owners of the land described in Exhibit "A" and with the consent of the City Council.
14. This Agreement shall he governed by the laws of the State of California. In the event
that any oCthe provisions of this Agreement are held to he 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 1351(h), and (ii) the
Common Area of the property (including. the HMPs) 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 he 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 he 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 1351(b)
in the Property except as may he allowed by the Declaration.
(c) This Agreement shall not he 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, hut not the duty, to perform such repair and maintenance,
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and shall he entitled to recover the full cost of such repair from the party having such repair and
maintenance obligation.
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3243
IN WITNESS WHEREOF, the parties have executed this Agreement
This E-N day of .IXn1.ta(1 ,2OC�
Developer: J�
(Print name) Allen Eads
Vice President, Rachael Avenue Partners
Atku, Eckel;
(Print name)
Signature of DEVELOPER must be notarizecj. Atf�tcFjdt le appropriate acknowledgement.
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3244
ACKNOWLEDGMENT
State of California
County of San Diego
On January 9, 2008 , before me L. Collier, Notary Public ,
Date Name and -Iitic of Officer (e.g.,
personally appeared Allen Eads ,
"Jane
me on
the person
the within
same in
that by
the
upon behalf
executed
PENALTY
of the
paragraph
hand
Doe, Notary Public")
the basis of satisfactory
whose name is
instrument
to me that he
his authorized
his signature
person,
of which the
the instrument.
OF PERJURY
State of California
is true and correct.
and official seal
Names) of Signer (s)
who proved to
evidence to be
subscribed to
and acknowledged
executed the
capacity, and
on the instrument
or the entity
person acted,
I certify under
under the laws
that the foregoing
WITNESS my
— L. COLLIER
!rs _•,, Comm.t 1593550 IA
01 `_� r`' � f MOtN1tl rood
030.511301010.14 I.
ignature
Place Notary Seal Above
I ublic
RA>IAEL AVE
LOT 23
h_C.A. LOT
burkett
& wong
engineers & surveyors
3134 fourth ore. son Begs ca.
92103-5704 • (619) 299-555D
EXHIBIT A
O A LOT
PRIVATE STORM WATER TREATMENT FAO!L.LES
® S'CRMCEPTC.R
OO CATCH BASIN MEDIA FILER (CONTECH S-ORMFILTER)
I ,OT 23
LOT 24
OPEN SPACE
)
E)WBT A
CANYON RIDGE C1'
PRIVATE STORM WATER TREATMENT rACIUTES
12-1•-07
Exhibit B
OPERATIONS AND MAINTENANCE PLAN
FOR BEST MANAGEMENT PRACTICES
CANYON RIDGE
NATIONAL CITY, CA
Prepared by:
BUf K€U WONG
3434 FOURTH AVENUE
SAN DIEGO, CA 91913
(619)299-5550
B+W Job #: 9170U
Prepared for:
Pacific Scene Homes
2505 Congress Street, Suite 220
San Diego, CA 92110
April 4, 2006
Revised: May 28, 2007
Revised: November 06, 2007
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TABLE OF CONTENT'S
A. Introduction 1
A 1. Responsible Parties
A2. Summary of Post -Construction BMP's
B. Employee Training Program
B1. Training Frequency
C. Access Easement for City Inspection of BMP
D. Stormceptor Maintenance
Dl. Maintenance Costs
E. Contech Catch Basin StormFilter Maintenance
E l . Maintenance Costs
F. BMP Maintenance Plan
G. References
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3
6
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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 he 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 Home Owner's Association
2505 Congress Street, Suite 220
San Diego, CA 92I 10
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.
2. Contech Catch Basin StormFilter: This media filter is designed to capture
sediment, debris, trash & oils/grease from low (first flush) flows. The system is
siphon -actuated and comes with several options of filter media. A Perlite filter
media has been chosen for its effective removal of TSS, nutrients, and oil/grease.
13. 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
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these standard duties, workers will be required to maintain the Stormceptor and Contech
Catch Basin StormFilter, 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
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 Tess
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
1 lydrodynamic
separator unit
Inspect and
remove
debris, oil
and/or
sediment
from
stormceptcr
unit
Maintenance
Indicator
Debris, oil or
sediment
accumulation
Field
Measurement
Dipstick and
sampling
device
Measurement
Frequency
After a spill
event or as
needed not to
exceed 12
months
Maintenance
Activity
Manual
removal or
removal by
a vacuum
truck
contractor
Site -Specific
Requirements
N/A
The Stormceptor unit has been proven in laboratory and field tests to remove over 80% of
total suspended solids and 95% of tree 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 ofa round precast concrete tank and fiberglass partition, the patented
Stormceptor replaces a maintenance hole in the storm sewer. The Stormceptor consists
ofa 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
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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 he 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.
DI. Maintenance Costs.
The cost is based on the number of inspections and cleanings per year. The cost for a
typical cleaning would he $200 - $300 per visit.
E. Contcch Catch Basin StormFiltcr Maintenance Guidelines
Maintenance procedures for typical catch basins can be applied to the CatchBasin
StormFilter (CBSF). The filter cartridges contained in the CBSF are easily removed
and replaced during maintenance activities according to the following guidelines.
1. Establish a safe working arca as per typical catch basin service activity.
2. Remove steel grate and diamond plate cover (weight = 100 lbs. each).
3.'I'urn cartridge(s) counter -clockwise to disconnect from pipe manifold.
4. Remove 4 center cap from cartridge and replace with lifting cap.
5. Remove cartridge(s) from catch basin by hand or with vactor truck boom.
6. Remove accumulated sediment via vactor truck (min. clearance 13 x 24 ).
7. Remove accumulated sediment from cartridge bay. (min. clearance 9.25 x 11 )
8. Rinse interior of both bays and vactor remaining water and sediment.
9. Install fresh cartridge(s) threading clockwise to pipe manifold.
10. Replace cover and grate.
11. Return original cartridges to CONTECH Stormwater Solutions for cleaning and
media disposal.
Media may be removed from the filter cartridges using the vactor truck before the
cartridges are removed from the catch basin structure. Empty cartridges can be easily
removed from the catch basin structure by hand. Empty cartridges should he reassembled
and returned to CONTECH Stormwater Solutions, as appropriate.
Materials required include a lifting cap, vactor truck, and fresh filter cartridges.
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Contact CONTECH Stormwater Solutions for specifications and availability of the lifting
cap. The vactor truck must he equipped with a hose capable of reaching areas of
restricted clearance. The owner may refresh spent cartridges. Refreshed cartridges are
also available from CONTECH Stormwater Solutions on an exchange basis. Contact the
maintenance department of CONTECH Stormwater Solutions at (503) 240-3393 for more
intbrmation.
Maintenance is estimated at 26 minutes of site time. For units with more than one
cartridge, add approximately 5 minutes for each additional cartridge. Add travel time as
required.
El. Maintenance Costs.
The cost is based on the number of inspections and cleanings per year. The estimated
annual cost is approximately $1000.
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F. BMP Maintenance Frequency Matrix
BMP
Homeowner or Tenant
_ Education
Common Area Landscape
Management
Common Area I.itter Control
FREQUENCY
Continuous distribution
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Monthly during regular maintenance
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 1'` of each year, prior to "first flush"
storm.
Street Sweeping Streets and
Parking
Storm Drainage System
Stenciling and Signage
Conveyance System
(Pipes)
Daily during construction, or as needed. Once per month alter
construction, or as needed, with frequencies intensified prior to the
rainy season.
Once every six months, inspect for re -stenciling needs and re -stencil—
as necessary
Effective
Landscaping/Irrigation
(Trash Removal and Weed
_ Control)
Effective
Landscaping/Irrigation
(free and Shrub Maintenance)
Effective
Landscaping/Irrigation
(Irrigation System)
I lydrodynamic Separator Unit
Catch Basin StormFilter
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
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
After every major wind storm event to repair/remove Iimbs 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
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
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
Once every six months. Change filter media as necessary.
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G. References:
1. S'1'ORMCEPTOR, www.stormceotor.com.
2. RINKER MATERIALS, www.rinkcrmaterials.com
3. Contech, www.contech-cpi.com
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