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HomeMy WebLinkAbout2008 CON Private Storm Water Agreement - APN 558-050-20, 21, 23 - Joe BendahRecording Requested 13y: ) ) 391° City Engineer When Recorded Mail to: City Clerk City of National City 1243 National City Blvd. National City, CA 91950 ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY D(C # 2008-0181680 IIIIIIII III !IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III! APR 07, 2008 11:43 AM OFFICIAL RECORDS SAN DIEGO COUNT',' RECORDER'S OFFICE GREGORY.J SMITH. COUNTY RECORDER FEES: 30.00 PAGES: 8 11111111111111111111111111111111111111111111111111 PRIVATE STORM WATER BEST MANANCEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Sub -Division Assessor's Parcel No. 558-050-20, 21, 23 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 _J oe Bendah (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. 2(102-2213 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 sate and usable condition by the owners; and 3911 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) 9886 to 9895p , 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 BMI's. 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 thcir 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 2 3912 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. 3 3913 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. '/'his Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement arc 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 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 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 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 be entitled to recover the full cost of such repair from the party having such repair and maintenance obligation. 4 r-i ATM OPOSED CRANAGE INL77 ''VAULT OGAR(INCFI ^'IUEF FYSTE1,1 'ODEL Fw FGtl. P'12-C 25 CPS FILTER APACUY 6 03 0 Z P' oPOSED SEl4E1 lA PROPOSED UNDER -SIDEWALK •UTLET (D-2 ) 2 W TH F O-GAARD INLET FILTER SYSTEM MODEL NO FGP 2430F, 3 6 CFS FILTER CAPACITY as itb serJPHOPOSED 12" X 12' DRAIN INLET K "-WITH FLO-GARD I:NLF7 FILTER SYSTEM-- - MODEL NO. 5 CFS FILTER '�-„ CAPACITY FGp,12F© 02J PROPOSED 2-3* SIDEWALK 12 UNDERDRAIN PIPES (0-27) (> 0 0 z 0 m 0 0 0 0) 0 V/G) mvii 0m 0 CO 0 0 0 m 1 co -13 PROPOSED 7.5' WIDE X 248' LONG GRASS (OR DENSE GROUND COVER) SWALE PRC.OSFC W OAAX.; MGN AE74114 NG WALL m 0 co 0 33 \/ 0 Z 3 13 cii Pq PROPOSED 925' X A 25 E.NEHGY DISSIPA7 ON „1 IAlANEM Yll'I 24. Xa' WEIP \PROPOSED 5' WIDE X 3' LONG CONCRETE SPLASH SLAB L?�U DAA POSEDE4 NA(;E F. E w 0 m T r # t:I PRCPO$ED1.2'50 -` 1 'wE�'DRArN$(1YPI A'ArFOS DB .+17 I . I�. "1IOPOSED WA7ER LA7 TH STREET L. I• .� u OPOSFU SE'A'ER IAT -C >O-x yo�o _rho i2 m D Oav -pox T?V mm O x tn 33 CO -f-1.n �m IN WITNESS WHEREOF, the parties have executed this Agreement This 2 day of April , 2008 . Developer: //j fv.✓N.4e' c,.i7 1 51-15 % /'i -rdsfp,' c V074g (Print name:) Joe Bendah (Print name:) 3916 Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. Notary Public, personally appeared 3917 ACKNOWLEDGMENT FORM FOR DOCUMENTS: STATE OF CALIFORNIA COUNTY OF 5 (J J It On .1)- / Z I U" before me, N,_ `0 a who proved to me on the basis of satisfactory evidence to be the person(s) whose name( j: re sub - •ed to the within instrument and acknow • • ed to me that he/she /they executed the same i r/their authorized capacity(ies) and b Airier/their signature(s) on the instrument the pe •n(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 an• • ficialseal. Signature `� Name (typed or printed), Notary Pub c in and for said County and State. (seal)