HomeMy WebLinkAbout2009 CON Private Storm Water Agreement - APN 559-117-18-00, 20-00, 559-160-22-00, 24-00, 26-00, 28-00 - Marina Gateway Dev. Co.Recording Requested By:
City Engineer
)
)
)
When Recorded Mail to: )
City Clerk )
City of National City 6 4 91 )
1243 National City Blvd. )
National City, CA 91950 ) SPACE ABOVE FOR RECORDERS USE ONLY
PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT
Assessor's Parcel No. 559-117-18-00, 559-117-20-00, 559-160-22-00
559-160-24, 559-160-26-00, 559-160-28-00
Project No.:
W.O.No.:
DO# 2009-05069$
III IIII 11I II II IIII IIII IIII III 1 IIIII IIIII II II IIII IIII IIII
SEP 10. 2009 8:18 AM
OFFICIAL RECORDS
S.AN DIEGC i COUNTY RECORDER'S OFFICE
DAtVID L. BUTLER, COUNTY' RECORDER
FEES: 58.00
PAGES: 17
1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII YIII1111IIIII IIIII IIIII IIIII IIII IIII
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 Marina
Gateway Development Company, LLC (hereinafter referred to as the "owner").
WHEREAS, this Agreement is requiredas 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.
NPDES 008 4-18-07
6495
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) 9834-9865, 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 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.
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". The 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.
2
6496
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 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 caused by Owner 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.
13. The terms of this Agreement may be amended in writing upon the request of the
Owner of the land described in Exhibit "A" and with the consent of the City Council.
3
6497
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 Owner or any successors, heirs or assigns fail to comply 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
IN WITNESS WHEREOF, the parties have executed this Agreement
This aq day of7'UN, 2001 .
Owner:
D/L J ?adeel
(Print name:)
C NA''Z AAA f t
(Print name:)
APPROVED BY LEGAL DEPARTMENT b V
aetNA
6498
btiiiV672,0 M i r
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
State of California
County of San Diego
On (4)--c7/09
ACKNOWLEDGMENT
6499
before me, /-1/6reH E. , uE , ND -`( toufjUL
(insert name and title of the officer)
personally appeared NNIEL j, TUL e —
who proved to me on the basis of satisfactory evidence to be the person,(arwhose name c are
subscribed to the within instrument and acknowledged to me that he/slie/ey executed the same in
his/LA/thtii authorized capacity(ie4 and that by his/hcr/thcir signature on the instrument the
personkl, or the entity upon behalf of which the person 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
6500
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: A All E �u«�
Commission Number: 18 u 8 41 G Date Commission Expires: S 11°
/2'r
County Where Bond is Filed: Silo (btr-4.0
Manufacturer or Vendor Number: NNA
(Located on both sides of the notary seal border)
Signature:
Firm Name (if applicable)
Place of Execution: San Diego Date: & / Z S / O r
Rec. Form #R70.1 (Rev. 6A1/03)
6501
EXHIBIT A
6502
BAY MARINA ',DRIVE
POOL
AREA
CDS UNIT_
VEGETATED SWALE LOCATION PLAN
111_�� I___l l.,l MARINA GATEWAY
SCALE: 1" = 80'
ENGINEERING COMPANY
EXHIBIT A
5620 FRIARS ROAD
SAN DIEGO, CA 92110
619.291.0707
(FAX)619.291.4165
NATIONAL CITY
MAINTENANCE AGREE
v1ENT
6503
EXHIBIT B
6504
OPERATION & MAINTENANCE PROCEDURES [OMP]
For the Permanent Storm Water BMPs associated with above referenced project
This OMP provides an overview of the operation and maintenance procedures for the permanent
storm water BMPs in the Marina Gateway project.
Please refer to the following sections, 1.0, 2.0, 3.0 and 4.0 for information regarding the
operation and maintenance of all permanent storm water BMPs implemented as part of this
project. This includes but is not limited to referring to the references provided in section 3.0 and
the contact information for structural treatment control BMPs in section 4.0.
1.0 Responsible Party for Maintenance and Funding of Permanent Storm Water BMPs
Marina Gateway Development Company, LLC, is the current developer of the Marina Gateway
project, and it is anticipated that they will act as the responsible party for long-term maintenance.
CDC is also considered an owner of the project site, and may therefore assume some
responsibility in the future. At this time and for the purposes of this OMP, the Marina Gateway
Development Company, LLC will be referred to as the "owner of the project" and will be
responsible for post -construction BMPs for the Marina Gateway project.
The owner of the project will assume responsibility for the funding of the future maintenance for
specific permanent storm water BMPs (also referred to as post -construction BMPs) and future
maintenance for all additional permanent storm water BMPs. The following text, Section 2.0,
discusses all of the permanent storm water BMPs proposed for the Marina Gateway project that
will require inspections and/or maintenance, and specifies which entity will be responsible for
each.
2.0 Designated Responsible Party and Typical Maintenance Procedures for Permanent
Storm Water BMPs
Permanent storm water BMPs for this project consists of site design, source control, and
treatment control BMPs. The following text, Sections 2.1 through 2.3, provides a list of
Page 1 of 7
6505
permanent storm water BMPs and the designated responsible party that will be responsible for
ensuring the ongoing effectiveness and maintenance of each permanent storm water BMP (sorted
according to the type of BMP). General indications for effectiveness and required maintenance
of each permanent storm water BMP are discussed, however, it is important for the owner or
responsible party to contact the manufacturer of each structural BMP for additional information
and guidance.
The designated responsible party shall maintain records of inspections, maintenance cleanings,
and servicing of all permanent storm water BMPs for at least 5 years (as specified on the
attached Private Storm Water Maintenance Agreement Form).
2.1 Site Design
• Maintain vegetation throughout vegetated areas and slopes
2.2 Source Control
• Efficient irrigation systems (i.e. preventing irrigation runoff and/or over -irrigation)
• Pollution prevention "stenciling and signage" (i.e. inlet stenciling and "no dumping" signs)
• Streets and parking lots need to be swept on a regular basis in order to keep the streets and
parking lots free of pollutant accumulation.
2.3 Treatment Control BMPs
There are one (1) structural treatment control BMP, an in -line treatment unit, and one (1)
vegetated swale proposed for this project. This discussion of treatment control BMPs is divided
into two sections. Section 2.3.1 provides "general information" that is typical for in -line
treatment units. Section 2.3.2 provides "specific information" that applies specifically to the
type of in -line treatment unit applied to the type of BMP applied to this project.
2.3.1 General information -
Page 2of7
6506
The maintenance procedure for servicing vegetated swales typically includes contracting
the maintenance cleaning/waste removal through landscape contracting services.
The maintenance procedure for servicing in -line treatment facilities typically includes
contracting the maintenance cleaning/waste removal through a provider of those services.
Manufacturers often offer servicing for their own facilities, however, maintenance
services are also offered through a variety of other manufacturers and cleaners as well.
The frequency of maintenance required is site and drainage area specific. The units
should be inspected periodically to assure their condition is adequate to handle
anticipated runoff. Initially following the installation of new treatment BMPs, it is
important to check that the BMPs are functioning properly and observe and/or measure
the amount of deposition occurring from specific storm events. At a minimum,
inspections should be made on a monthly basis and after every storm event to check that
the BMPs are functioning properly and whether the BMPs require servicing at that time.
Based on these inspections, it may be necessary to adjust the frequency of scheduled
inspections and maintenance cleanings. At a minimum, the unit should receive
maintenance cleaning at a minimum of once per year.
It is important to note that for the purpose of this OMP, the frequency of servicing is
approximated and may not reflect the actual frequency that site specific units may require
based on the periodic inspections.
2.3.2 Specific Information
• One (1) CDS Technologies in -line treatment unit
Periodic inspections of the CDS unit will help predict the expected pollutant loads for
specific storm events, and will dictate the level of accumulated sediment, trash, debris,
and other pollutants that will be allowed prior to performing maintenance cleanings.
Page 3 of 7
6507
However, as specified below, this level of allowable accumulation (before performing
maintenance cleaning) is typically 75% to 85% of the total sump capacity.
Specific to the CDS Technologies unit, "a unit can be cleaned using a vacuum truck or a
small clamshell bucket, or a basket can be provided to fit a standard sump," as specified
in the "CDS Technologies Storm Water Pollution Control Technical Manual," dated July
2002. A combination sewer cleaner truck is recommended for cleanout/maintenance.
Disposal of the material shall be in accordance with local requirements. The technical
manual also states the following regarding new installation and ongoing operation:
New Installation — Check the condition of the unit after every runoff event for the
first 30 days. Checking includes a visual inspection to ascertain that the unit is
functioning properly and measuring the amount of deposition that has occurred in
the unit. This can he done with a "dip stick" that is calibrated so the depth of
deposition can be tracked. Based on the behavior of the unit relative to storm
events, inspections can be scheduled on projections using storm events versus
pollutant buildup.
Ongoing Operation — During the wet season, the unit should be inspected at least
once every thirty days. The floatables should be removed and the sump cleaned
when the sump has reached 75% to 85% of capacity. At least once a year, the
unit should be pumped down and the screen carefully inspected for damage and to
ensure that it is properly fastened. Ideally, the screen should be power washed for
the inspection, however, the water from the power washing should not discharge
directly to the downstream storm drain system without receiving treatment (i.e.
from the CDS unit).
It is currently anticipated that the CDS Technologies in -line treatment unit will
require maintenance cleanings two (2) times a year.
Page 4 of 7
6508
• One (1) Vegetated Swale
Maintenance activities should include periodic mowing (with grass never cut shorter than
the water quality design flow depth), weed control, watering during drought conditions,
reseeding of bare areas, and clearing of debris and blockages. Cuttings should be
removed from the channel and disposed in a local composting facility. Accumulated
sediment should also be removed manually to avoid concentrated flows in the swale. The
application of fertilizers and pesticides should be minimal.
Typical maintenance activities and frequencies are as follows
> Inspect swales at least twice annually for erosion, damage to vegetation, and sediment and
debris accumulation preferable at the end of the wet season to schedule summer maintenance
and before major fall runoff to be sure the swale is ready for winter. However, additional
inspection after periods of heavy runoff is desirable. The swale should be checked for debris
and litter, and areas of sediment accumulation.
> Grass height and mowing frequency may not have a large impact on pollutant removal.
Consequently, mowing may only be necessary once or twice a year for safety or aesthetics or
to suppress weeds and woody vegetation (move frequent mowing may be desired for
aesthetics).
> Trash tends to accumulate in swale areas. The need for litter removal is determined through
periodic inspection, but litter should always be removed prior to mowing.
> Sediment accumulating in channels should be removed when it builds up to 75 mm (3 in.) at
any spot, or covers vegetation.
➢ Regularly inspect swales for pools of standing water. Swales can become a nuisance due to
mosquito breeding in standing water if obstructions develop (e.g. debris accumulation,
invasive vegetation) and/or if proper drainage slopes are not implemented and maintained.
Page 5 of 7
6509
Maintain storm drain system. Inspect periodically and after storms to ensure that inlets and
outlets have not clogged and rivulets have not formed.
2.4 Recreational Pool BMPs
• The pool deck area has been designed such that runoff and/or splash water from the deck area
will surface drain to surrounding vegetated areas. Maintain the surrounding vegetated areas.
• According to California Stormwater Quality Association (CASQA), the pollutant of concern
in municipal swimming pool water is chlorine or chloramine used as a disinfectant. This
water, if discharged to the storm drain system, can be toxic to aquatic life. Water should not
be discharged to a street or a storm drain when draining pools. If water is dechlorinated with
a neutralizing chemical or by allowing chlorine to dissipate for a few days, the water may be
recycled/reused by draining it gradually onto a landscaped area. Water must be tested prior
to discharge to ensure that chlorine is not present. Refer to California Stormwater Quality
Association (CASQA) BMP Handbook for more detail.
Page 6 of 7
6510
3.0 Additional References
3.1 Water Quality Technical Report (WQTR)
"Water Quality Technical Report for Marina Gateway," with a revised date of January 17, 2008.
Report was prepared by Rick Engineering Company, Job Number 14497-A.
3.2 City of National City Standard Urban Storm Water Mitigation Plan
The City of National City Standard Urban Storm Water Mitigation Plan, with a date of
November 6, 2002 (or any revisions thereafter).
3.3 California Stormwater Quality Association (CASOA)
California Stormwater BMP Handbook (Municipal) - Fountain & Pool Maintenance (SC-72)
with a date of January 2003.
4.0 Contact Information for Structural Treatment Control BMPs
4.1 CONTECH Stormwater Solutions, Inc.
3950 Long Beach Boulevard
Suite 100
Long Beach, CA 90807
(562) 424-6334 Fax (562) 424-8336
www.contechstormwater.com
Page7of7