HomeMy WebLinkAbout2008 CON Private Storm Water Agreement - APN 557-250-36-00 - Willow PartnersRecording Requested By:
City Engineer
When Recorded Mail to:
City Clerk
City of National City
1243 National City Blvd.
National City, CA 91950
9022
DOC # 2008-0057 `97
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PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT
Sub -Division
Assessor's Parcel No. 557-250-36-00
TIIIS 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 Willow
Partners, 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
WIIEREAS, 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
WIIEREAS, it is the desire of the Developer that said BMPs shall be maintained in a safe
and usable condition by the owners; and
4023
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) 9651 DD thru 96514-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.
WIIEREAS, this document shall supersede the PRIVATE STORM WATER BEST
MANANGEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Sub -Division
Document No. 2008-0010665, recorded on January 9, 2008.
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.
2 NPDES 007 4-16-07
4024
6. The maintenance to be perforated 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
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 anchor conveyance regardless of form, shall be deemed to have
consented to and become bound by this agreement, including without limitation, the right of any
3 NPDES 007 4-1A-07
4025
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.
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 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 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 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 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 he entitled to recover the full cost of such repair from the party having
such repair and maintenance obligation.
4 NPDES 007 4-18-07
IN WITNESS WHEREOF, the parties have executed this Agreement
This 34'1ffitt... day or
' fagvary , 2001.
Developer: W i,\O(.;1. `4e—A" i,—JE/.le- , L. L C
1. alp,
(Print name:)
(Prim name:)
4026
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
5 NPDES 007 4-16-07
4027
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
fiGOS<K;srcc,^4 <3' "'tir Y. .GM''ec:.F ;" .c€'"<.Y',r>r C.c^.c^,cF ;�e'.cc.:c c<tc�.r^crc^�rirc;‹,c< A•E".cf'-uruac",,,
State of California
County of v�t..QP►
On 1 • 30 ' D9) before me,
Uate
personally appeared 6.1. PAN(iS CLL�7 Z ,t 7
}
AMELIA A. ROSS
Corllmiss(on * 17700111
Notary Public - California !
Ventura County
rt'Comm. Fries set24j 2Oi l 41
VIaco Ncr97 Sew A,Cve
ryw_LA /Aoss, rJ TA
FirmFirmInsert'Own nnrl YHtr n' the rmrrr
NO e(s) of Signers)
who proved to me on the basis of satisfactory evidence to
be the person whose name re subscribed to the
within instrument and acknowledged to me that
helsbe>, thhey executed the same ' hi- NefAlieu authorized
capacity(h , and that bir signatures on the
instrument the persori(s), or the entity upon behalf of
which the persorl(94 acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS
Signature
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 reattarhment 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 — Tille(s):
Partner — I, Limited '_ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
-"...... ;rn-C I•ere
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner — _ Limited L. General
C Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
02007 Nal:o,al NOW,/ Assoc o ,on • 9:35C De Selo Ave.. PO.Box 2402 • Chatsworth CA 9' 31
RIGHT THUMBPRINT
OF SIGNER
40k• WNW NahonaMtotaryc•g tern X5907 PVUr.lnl Cdl Ici1-1-un 1-300-876-682'
4028
INCUMBENCY CERTIFICATE
WILLOW PARTNERS, LLC
I, G. Davis Slajchert, hereby certify that I am a Member of Willow Partners, LLC
(the "Company"), a limited liability company duly organized under the laws of the State
of California, and that, as such, 1 am authorized to execute and deliver this Certificate in
the name and on behalf of the Company and that:
1. Each of the following named persons is, on and as of the date
hereof, a duly elected, qualified and acting officer of the Company, holding the respective
office set forth below opposite his name, and that the signature appearing opposite the
name of such person is his or her genuine signature:
NAME OFFICE
G. Davis Slajchert Member
Laura Slajchert Member
SIGNATURE
IN WITNESS WHEREOF, I have hereunto set my hand as of the 1" day of
December, 2005.
Willow Partners, LLC,
a California limited liability company
L" a Slajchert
Member
99)703 i
4029
VICINITY MAP
rs
EXHIBIT °A"
t
jKC CN SHGNN /4FRFON TO ACCOMPANY A
MA(NrFI±AN'C_ AC.RELMLN! (LXIII9IT Q) FOR
PI A /A APARTMENTS
535 �A`T PLAZA 8LAO.
NATIONAL .'Tr,
cEV"A(� S�Ri?T�LN
PAPCL 0/ PARCEL MAP NO. J114, :•V NAlili,VAL
CITY. COUNTY 07 SAN li1EG0, STATE OF CALIFORNIA,
I$ SHOWN ON A MAP ThEREOF F.'LEO /N THE Uf/-ICE
01 THE COUNTY RFCOROFR 0l SAN DIEGO COUNTY ON
GCTURIR ;5, 1974, AS nu- NO. 74-275627 OF
Orr/CAL RFCOR✓^5.
A . 5S'2RS_ PAR:/ 1- NUMb'L R
.W-250-56-00
BMP Site Plan Legend
/ t SITE DESIGN BMP'S
;?, A it DISCONNECT ROOF DRAINS
•
LANDSCAPED AREA
TREATMENT CONTROL BMP'S
` STORMCEPTER UNIT:
S MODFL STC 900
SOURCE CONTROL BMP'S
TRASH STORAGE MANAGEMENT
(LOCATED WITHIN THE BUILDING
PERIMETER)
T
D
Legend
PROPERTY
LINE
STORM
DRAIN
IATFRAL
WATERSHED
BOUNDARY
DRAINACE
DIRECTION
y
■
INLET STENCILING OR SIGNAGF
(EVERY 1,NL.F.T ON SITE)
NOTE
1. II-E ENTIRE SITE DRAINS
TO THE STORMCEPTER UNIT.
2. REFER TO PROJECT WATER
QUALITY TECHNICAL
REPORT, DATED DECEMIBER
2007, FLED IN THE CITY
OF NATIONAL CITY, FOR
DETAILS REGARDING BMP'S.
3. CIVIL DRAWINGS FOR
PROJECT SHOWN HEREON
ARE FILED IN THE CFFICE
OF TIC CITY ENGINEER AS
DRAWING NUMBERS 9651-D
TIIRU 96514-D.
SHEET 1 OF 1
PLANNINP • DCSION • CONSTRUCTION
9755 CLAIREMONT MESA BOULEVARD, SUITE 100
■ • SAN DIEGO, CAUFORNIA 92124-1324
C O N S U LTI N Ci 858.614.5000 • FAX 858.614.5001 • www.RBF.com
01_ CL,V1i"fi 2C1, 2007 .1 A;. 25905017
4030
EXHIBIT "B"
MAINTENANCE AGREEMENT
OPERATION AND MAINTENANCE PROGRAM
Plaza Apartments
1535 East Plaza Boulevard
National City, CA
The following inspection and maintenance activities shall be performed and completed as
indicated. Questions should be directed to the the City of National City Engineering
Department (619) 336-4389.
The property owner/contractor shall be responsible for maintaining the proposed
Category of BMPs. These BMPs are anticipated to be maintained with the landscaping
and therefore pose little additional expense. It is anticipated that the additional
maintenance required to maintain the BMPs could he performed by a landscape
maintenance person in 2 hours once a month at an average expense of $100 per month.
The operation and maintenance requirements for each type of BMP is as follows:
Landscaping / Planter Areas
The operational and maintenance needs of a Swale are:
• Vegetation management to maintain adequate hydraulic functioning and to
limit habitat for disease -carrying animals.
• Animal and vector control.
• Periodic sediment removal to optimize performance.
• Trash, debris, grass trimmings, tree pruning, and leaf collection and removal
to prevent obstruction ofa Swale and monitoring equipment.
• Removal of standing water, which may contribute to the development of
aquatic plant comrnunities or mosquito breeding areas.
• Removal of graffiti.
• Erosion and structural maintenance to prevent the loss of soil and maintain
the performance of the Swale.
Inspection Frequency
The facility shall be inspected:
• Once a month at a minimum.
• After every large storm (after every storm monitored or those storms with
more than 0.50 inch of precipitation.)
• On a weekly basis during extended periods of wet weather.
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Stormceptor Unit
Maintenance Program for Stormwater Separation Units
Inspection Frequency/Indications:
Reader Maintenance Inspections
❑ Monthly during wet season
❑ Annually before wet season (September)
Performance Inspection
❑ 72 hrs after rainfall events greater than 0.5 in.
Maintenance Indications
Maintenance Activities
❑ Excessive trash, debris, or sediment in unit.
(i.e., surnp is 85 percent full or sump is
50 percent full during two consecutive monthly
inspections)
❑ Presence of trash and debris in weir box.
O Remove trash and debris within 15 days. Empty
unit when the unit is 85 percent full or
50 percent full during two consecutive monthly
inspections, or annually in May.
❑ Remove trash and debris while onsite
conducting inspection
U When standing water in sump is observed ❑
during annual and performance inspection.
O Minor structural damage (i.e., screen becomes U
clogged, damaged or !easel
If standing water cannot be removed or remains
through the wet season, notify vector control.
Clean screen, re -fasten screen if appropriate.
❑ Cracked or fatigued neoprene vector seals ❑ Replace damaged seal
O Major damage to structures (i.e., holes in 0 Immediately consult with engineer and
screen, large debris, damage to housing or weir manufacturers representative to develop a
box) course of action and effect repairs prior to the
wet season.
Waste Disposal
Sediment, other pollutants, and all other waste shall
be properly disposed of in a licensed landfill or by
another appropriate disposal method in accordance
with local, state, and federal regulations.
Assistance for cleaning a stormeeptor unit can he found at the Stormceptor information
line (800) 909-7763.
Aesthetic and Functional Maintenance
Aesthetic maintenance is important for public acceptance of stormwater
facilities. Functional maintenance is important for performance and safety
reasons. Both forms of maintenance shall be combined into an overall
Stormwater Management System Maintenance.
Aesthetic Maintenance
The following activities shall be included in the aesthetic maintenance program:
• Graffiti Removal. Graffiti shall he removed in a timely manner to improve
the appearance of site conditions and park surroundings; and to discourage
additional graffiti or other acts of vandalism.
• Grass Trimming. Trimming of grass shall be done on the Swale, around
fences, at the inlet and outlet structures, and sampling structures.
• Weed Control. Weeds shall be removed through mechanical means.
llerbicide will not be used because these chemicals may impact the water
quality monitoring.
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Functional Maintenance
Functional maintenance has two components:
• Preventive maintenance
• Corrective maintenance
Preventive Maintenance
Preventive maintenance activities to be instituted at a Natural Drainage Swale
are:
• Trash and Debris. During each inspection and maintenance visit to the site,
debris and trash removal shall be conducted to reduce the potential for inlet
and outlet stnictures and other components from becoming clogged and
inoperable during storm events.
• Removal of Standing Water. Standing water must be removed if it
contributes to the development of aquatic plant communities or mosquito
breeding areas.
• Mechanical and Electronic Components. Regularly scheduled maintenance
shall be performed on fences, gates, locks, and sampling and monitoring
equipment in accordance with the manufacturers' recommendations.
Electronic and mechanical components shall be operated during each
maintenance inspection to assure continued performance.
• Fertilization and Irrigation. The vegetation seed mix has been designed so
that fertilization and irrigation is not necessary. Fertilizers and irrigation
will not be used to maintain the vegetation.
Corrective Maintenance
Corrective maintenance is required on an emergency or non -routine basis to
correct problems and to restore the intended operation and safe function of all
BMPs. Corrective maintenance activities include:
• Removal of Debris and Sediment. Sediment, debris, and trash, which
impede the hydraulic functioning ot'the natural drainage swale and prevent
vegetative growth, shall be removed and properly disposed. Temporary
arrangements shall be made for handling the sediments until a permanent
arrangement is made.
• Erosion Repair. Where a reseeding program has been ineffective, or where
other factors have created erosive conditions (i.e., pedestrian traffic,
concentrated flow, etc.), corrective steps shall be taken to prevent loss of
soil. There are a number of corrective actions than can be taken. These
include erosion control blankets, riprap, sodding, or reduced flow through
the area. Designers or contractors shall be consulted to address erosion
problems if the solution is not evident.
4033
• Fence Repair. Repair of fences shall be done within 30 days to maintain the
security of'the site.
• Elimination of Animal Burrows. Animal burrows shall he filled and steps
taken to remove the animals if burrowing problems continue to occur (filling
and compacting). If the problem persists, vector control specialists shall be
consulted regarding removal steps. This consulting is necessary as the threat
of rabies in some areas may necessitate the animals being destroyed rather
than relocated. If the BMP perfbrmance is affected, abatement shall begin.
Otherwise, abatement shall be performed annually in September.
• General Facility Maintenance. In addition to the above elements of
corrective maintenance, general corrective maintenance will address the
overall facility and its associated components. if corrective maintenance is
being done to one component, other components shall be inspected to see if
maintenance is needed.
Debris and Sediment Disposal
Waste generated at site is ultimately the responsibility of the Maintenance
Department of Plaza City Apartments. Disposal of sediment, debris, and trash
will comply with applicable local, county, state, and federal waste control
programs.
Hazardous Waste
Suspected hazardous wastes shall he analyzed to determine disposal options.
I lazardous wastes generated onsite shall be handled and disposed of according
to applicable local, state, and federal regulations. A solid or liquid waste is
considered a hazardous waste if it exceeds the criteria listed in the CCR, Title
22, Article II.
Mechanisms to Assure Maintenance
1. Storm Water Ordinance Requirements: The City of National City Watershed
Protection. Storm Water Management, and Discharge Control Ordinance require
this ongoing maintenance shall be the responsibility of the owner.
2. Public Nuisance Abatement: Under the failure to maintain BMP's would
constitute a public nuisance, which maybe abated under the Uniform Public
Nuisance Abatement Procedure.
3. Notice to Purchaser: Developer requires to provide clear written notification to
persons acquiring the property upon which BMP structures are located, or others
assuming a BMP maintenance obligation.
4. Conditions in Ongoing Land Use Permits: For those applications upon whose
approval ongoing conditions may be imposed, a condition shall be added which
requires the owner of the land upon which the Storm Water facility is located to
maintain that facility in accordance with the requirements specified in the WQTR.
4034
5. Subdivision Public Report: Prior to approval of Final or Parcel Map, the sub-
divider will provide evidence to the Director of Public Works that the sub -divider
has requested the California Department of Real Estate to include in the public
report to be issued for the sales of lots with the subdivision, a notification
regarding the maintenance requirement. (The requirement for this condition
would not he applicable to subdivisions which are exempt from regulation under
the Subdivision Lands Act, or for which no public report shall be issued.