HomeMy WebLinkAbout2008 CON Private Storm Water Agreement - APN 564-250-12 - Jackson Pendo Cypress Avenue LP-1Recording requested by
.ndAmerica Developer Service
Subdivision D.partMent
Recording Requested By:
City Engineer
When Recorded Mail to:
City Clerk
City of National City
1243 National City Blvd.
National City. CA 91950
s-9)o«O-
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) SPACE ABOVE. FOR RECORDER'S USE ONI,Y
PRI VATF. STORM WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT
Sub -Division
Assessor's Parcel No. 5(a'} - Z50 — ( 2.
DOG # 2008-0291099
IIIIIII IIII III II II IIIII IIII IIIII IIIII IIIII I II II II II I IIII II
MAY 30, 2008 9:06 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES 3700
PAGES: 10
1111111111111111111111111111111111111111111111
Project No.:
W.O.No.: S-2noS-2.0
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
..‘Ae.Ksoni i1D2$ Cc(pREss. A lertlte. L.P. (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").
WI IEREAS, 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 (StJSMP); 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
WI IEREAS, establishment of the BMPs is a condition of developing the property; and
WI IEREAS. 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 safe
and usable condition by the owners; and
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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 &
O) Plan. Exhibit "B", attached hereto and made a part hereof (hereinafter referred to as the
"plan"), consistent with Drawing Number(s) ci52(-D, 53%4), 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 TTIEREFORE. IT IS I IEREBY 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 he 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". (oner shall conduct any repair that is necessary to
adequately maintain said BMPS in a functional condition in accordance with their intended
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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 lees arising out of or in any way related to the use of, repair or maintenance of, or
the failure to repair or maintain the BM Ps. 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 thereoff, by
acceptance of delivery of a deed and/or conveyance regardless of firm, 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.
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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 uncnforceahle 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 dclined 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 Arca oldie 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 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(h)
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.
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IN WITNESS WIIEREOF, the parties have executed this Agreement
This I '9r- .. day of Ma.t.A , 20 08 .
Developer:
.SRCKSor1 Pe"t:C) C-ViteSS e.MUE� L.P.
(Print name:)
TA: ,14CkSotJ Pet -too DeVELCPµeNr c .Pkay
ty t.. t 2$ Ey-W J t.-or—s,or1
(Print name:)
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
5-a-7-De,
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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:
CA-0aL.
17�, g"7-7.6 :.
Commission Number: Date Commission
ScA_ County Where Bond is Filed:
Manufacturer or Vendor Number:
Signature:
cjO(, l Ji
(Located on both sides of the notary seal border)
Firm Name (if applicable)
Place of Execution: San Diego
Rec_ Form eR10.1 (Rev. 6/11/03)
Date:
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94.30 IF
9.3.55 PAO
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96 90 PAD
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MAINTENANCE STORM WATER MANAGEMENT PROGRAM
1. Maintenance Responsibility - The maintenance responsibility during the
construction activity shall reside with the licensed contractor who is responsible
for overall project construction management. In the event the owner chooses to
be the project manager, the responsibility will reside with the owner. The
maintenance responsibility for the operating project (post -construction) resides
with the individual property owners and the homeowners association. The
property owners and homeowners association shall be responsible for
maintaining, monitoring and repairing BMPs during the life of the project.
2. Maintenance Activities per BMPs - Upon installation of the post -construction
BMPs and the transition of ownership to the individual homeowners, the
homeowners association shall assume responsibility for maintenance in
accordance with the following:
2.1. All vegetated slopes shall be irrigated and maintained in a manner that
provides for plant health and good coverage of slope areas. If erosion of the
slope area becomes evident, then the maintenance activity shall include
stabilization of the eroded area using matting or other acceptable methods.
2.2. All landscaped areas shall be irrigated and maintained to promote plant
health and good coverage.
2.3. Trash shall not be permitted to accumulate in such a way that storm runoff
could transport the trash off -site.
2.4. All driveway and road surfaces and parking areas shall be kept clean by
periodic sweeping. The frequency of sweeping shall be sufficient to prevent
the accumulation of silt, debris or motor vehicle fluids, but not less than
twice yearly.
2.5. In the event that trash or debris is generated as a result of site activity, the
trash and/or debris shall be cleaned up within a 24-hour period.
2.6. Landscape pesticides, herbicides and fertilizers shall be used in accordance
with applicable federal, state and local regulations.
2.7. Landscape waste shall be disposed of by use of a solid waste container or
transported off -site to a solid waste recycling center.
2.8. Landscape irrigation run-off shall not be allowed. Irrigation controllers shall
be regulated so that there is not significant landscape water run-off.
2.9. The storm drainage channels shall be cleaned at least once a year to remove
accumulated sediment to the original grade of the channel.
EXHIBIT "B"
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2.10. Catch basin filter inserts shall be inspected and maintained by periodic
inspection. The frequency of inspection shall be sufficient to prevent the
accumulation of silt, sediment and debris, but not less than three system
inspections, three cleanings and one change/disposal of filter media and oil
absorbent pouches annually. In addition, the filter inserts should be
inspected after each storm event and at the beginning of the wet season
(October 1st) each year.
EXHIBIT "B"
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