HomeMy WebLinkAbout2008 CON Private Storm Water Agreement - APN 559-040-10-WestAir Gases & EquipmentRecording Requested By:
City Engineer
When Recorded Mail to:
City Clerk
City of National City
1243 National City Blvd.
National City, CA 91950
DOC # 2008-0077631
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FEB 14, 2008 2:47 PM
) OFFICIAL RECORDS
DIEGO COUNTY OFFICE.
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) PAGES: 10
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) SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT
Assessor's Parcel No.
559-040-10
Project No.:
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
WestAir Gases & Equipment, Inc. (hereinafter referred to as the "owner").
WHEREAS, this Agreement is required as a condition of approval by the City of National
City Municipal Code Chapter 14.22 and Ordinance No. 2002-2213 for Standard Urban Storm
Water Mitigation Plan (SUSMP); and
WHEREAS, "owner" who is the owner of certain real property (the "Property") described
on the site map, Exhibit "A", attached hereto, 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 Owner that said BMPs shall be maintained in a safe and
usable condition by the Owner; and
WHEREAS, it is the desire of the Owner to conduct the periodic maintenance and repair of
said BMPs and owner is responsible for the expense of such maintenance and repair.
5786
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) 9827D-9833-D , copies of which are on file in
the office of the City Engineer.
WHEREAS, it is the intention of the Owner 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 Owner will submit to the City an annual maintenance report verifying the
maintenance and efficient operation of said BMPs.
2. The Owner 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 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 sct forth in the Plan, Exhibit "B". The ()wner 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.
5787
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 he 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 Owner in proportion to their
respective interest in the property. The Owner 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. The Owner 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 he 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 he 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.
13. The terms of this Agreement may he amended in writing upon the request of the
Owner of the land described in Exhibit "A" and with the consent of the City Council.
5788
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. Should the Developer, the Owner, 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 rcpair from the party having
such repair and maintenance obligation.
5789
IN WITNESS WHEREOF, the parties have executed this Agreement
This _dbay ofe r tact v9 , 20 O8
Owner:
/GCr AO- (2,"E$ `� uIPNGNi 1NC.
,pYNeri CB,ser Ca�lione_,
(Print name:)
(Print name:)
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
02 - j9-08
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STOf11WATER STENCILING
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PROPOSED STORMORAIN INLET
- INCLUDES FILTER INSERT BMP
- INCLUDES STORMWATER STENCILING
PROPOSED CONTOURS
(1 FOOT INTERVALS)
EXISTING CONTOURS
(5 FOOT INTERVALS)
DIRECTION OF WATER FLOW
LIMITS OF DRAINAGE BASIN
VEGETATED SWALE
D$ POROUS LANDSCAPE DETENTION (PLD) (BID -RETENTION)
AREA WITH VEGETATED STRIP PRE-TREATMENT AND
RIPRAP SECTION TO PREVENT EROSION
SITE SUMMARY: 10% EXISTING/ PROPOSED LANDSCAPING (PERVIOUS)
20
220 --
23% EXISTING BUILDING COVERAGE (IMPERVIOUS)
(BUILDING TO REMAIN)
26% NEW PAVING (IMPERVIOUS)
41% EXISTING PAVING REIDVED
AND REPLACED (IMPERVIOUS)
-PCC PAVEMENT
BEST MANAGEMENT PRACTICES (BAP'S)
TREATMENT CONTROL BLP'S:
DRAINAGE INSERTS
VEGETATED BIO SWALE
VEGETATED STRIP
POROUS LANDSCAPE DETENTION AREA (BIG -RETENTION)
m
D
NOTE: BASINS P1, P2, P4, P5, P6 CONTAIN PREVIOUSLY EXISTING IMPERVIOUS SURFACE.
ONLY BASIN P3 CONTAINS A PORTION OF NEW IMPERVIOUS SURFACE (APPROX 21,700SF).
BMP SITE MAP
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EXHIBIT `B'
OPERATION AND MAINTENANCE PLAN
West Air Gases & Equipment, Inc., the owner of the property, is the responsible party for
operations and maintenance of all on site BMPs.
WestAir Gases & Equipment
2506 Market Street
San Diego, CA 92102
619-239-7571
5791
PROJECT DESCRIPTION
The project is located on approximately 2.06 acres at the intersection of Bay Marina Drive (24TH
Street) and Haffley Avenue at the northwest corner. The existing site is comprised of a single
story industrial/ commercial building and associated paved parking lots and truck loading areas.
The proposed project will refurbish the existing building. The existing paved parking and loading
areas would be removed and replaced with new concrete pavement. The new concrete areas
would be used for parking, loading and maneuvering of vehicles. The approximate disturbed area
would be 1.15 acres.
BMP SITE MAP
Please refer to Exhibit 'A' for location of BMP's to be maintained.
INSPECTION PROGRAM
Inspections will occur for all source control and treatment control BMPs at no less then once a
year for items such as stenciling, irrigation, and the trash storage area. More specific inspections
of treatment control BMPs are as follows.
Porous Landscape Detention/ Bio-Retention Area
• September/October — Pre -Rainy season inspection.
• November/April — Inspect and Clean out. (After first several rainfall events with
intensities equal to or greater than 0.5" per hour)
May/June — Post -Rainy season inspection, clean out
Bio Swale:
• September/October — Pre -Rainy season inspection.
• November/April — Inspect and Clean out debris. (After first several rainfall events with
intensities equal to or greater than 0.5" per hour)
• May/June — Post -Rainy season inspection, clean out.
Grass Strip:
• September/October — Pre -Rainy season inspection.
• November/April — Inspect and Clean out debris. (After first several rainfall events with
intensities equal to or greater than 0.5" per hour)
• May/June — Post -Rainy season inspection, clean out.
An Inspection Log will be kept and filled out for each inspection. The records will be kept for a
minimum of 5 years.
West Air Gases O&M Plan Page 1
5792
MAINTENANCE PROGRAM
Stenciling: The stenciling at each storm drain location shall be inspected to make sure that it is
legible. Re -Stenciling shall occur if the stencil is no longer legible. This maintenance shall occur
at the times of inspection.
Irrigation: Inspector shall view watering heads and valves to be sure there is no excess runoff or
leakage. This maintenance shall occur at the times of inspection.
Trash Storage Area: Inspector shall view area to be sure no trash or debris has accumulated
outside of the dumpster. Clear any accumulated trash or debris. This maintenance shall occur at
the times of inspection.
Porous Landscape/ Bio Retention Area: Inspector shall check for trash or debris. And cleaned out
if necessary. This maintenance shall occur at the times of inspection.
Bio-Swale: Inspector shall check for trash or debris. Clean out if necessary. This maintenance
shall occur at the times of inspection.
A Maintenance Log will be kept and filled out for each maintenance occurrence. The records will
be kept for a minimum of 5 years. See the Attached Maintenance Log in Appendix 'D'.
The San Diego County Department of Environmental Health Vector Surveillance and Control
Program can be reached at 1-888-551-4636 if there are any concerns.
RECORD KEEPING
Inspection and Maintenance logs shall be kept for a minimum of 5 years as previously noted.
West Air Gases O&M Plan
Page 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S�r�
On - ./l3
Oat
personally appeared
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before me,Ch�Z'� rt ��I '�llbrlLi
Here Insert Naos: and Title of tr,e Officer
N:+rrM( Signerfs� �'_T•� 1 � �� €
5793
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011DUUA SANCHEZ
COfrnrrton 11565324
Y Pubic - Carona
Las Angeles Caw*
*Colon. bsalseFsb27.
Place Naary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
S Public
of Notary Public Notary Pr.tbIK
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
Signer's Name:
- Individual
I Corporate Officer — Title(s):
r- Partner — _ Limited General
Attorney in Fact
r I Trustee
Guardian or Conservator
II Other:
Signer Is Representing -
RIGHI THUMBPRINT
OF SIGNER
lop ut 11
uotb here
Number of Pages:
Signer's Name:
_ Individual
._ Corporate Officer — Title(s):
i Partner — _ ' Limited - General
Attorney in Fact
J Trustee
L Guardian or Conservator
Other:
Signer Is Representing:
02007 National Notary Association • 9350 Do: Soto Ave P0. Sox 2402 •Chatsworth, CA 91313-2402 • www NatirinalNotaryoro Item Y590r Reorder:Call loll -From 1 NOO-876 SA27
5794
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: dY-i - 3 ir-\
Commission Number: J 3 ay Date Commission Expires:
County Where Bond is Filed:
Los rlge 1-es
Manufacturer or Vendor Number: N N T\ 1
(Located on both sides of the notary seal border)
Signature: D tG't'`"
Firm Name (if applicable)
Place of Execution: San Diego
ReC. Form MR10.1 (Rev 6/11/03)
Date: / 13 /