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HomeMy WebLinkAbout2010 CON Private Storm Agreement - APN 556-493-01, 02, 03, 05 - Pedcor Commercial DevelopmentRecording Requested By: City Engineer When Recorded Mail to: City Clerk City ofNational City 1243 National City Blvd. National City, CA 91950 D O C It 2010-0357609 ) ) ) ) ) ) ) SPACE ABOVE FUK KEI,UKDER'S USE ONLY 111111 9712 JUL 16, 2010 2:52 PM OFFICIAL RECORDS SAN DIEUO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 67.00 PAGES: 11 I IIIIII IIU 1IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII lIIII11111 IIIII IIIII 1101III PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Sub -Division Assessor's Parcel No. 556 493 U1,U1,U3,& 05 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 �Oef National City, a municipality and 9oM Pei cor l_,enerc:o.\ Oe'orlDfrue4 L4c- c .f - In re einafter 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 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 safe and usable condition by the owners; and 9713 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 no part hereof (hereinafter referred to as the "plan"), consistent with Drawing Number(s) , 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 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. 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 9 71 4 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 contractedfor 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 9715 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 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 9716 IN WITNESS WHEREOF, the parties have executed this Agreement This f s r-L-- day of -„ l ./ , 20 ro . Developer: P£9L©2. Loc4.4► Sile-i ski— DFs 1.1F1,4 PiJ tJTI IL.LL 1 0,olr&k (Print name:) (Print name:) fcor Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. pEt C Og CO M IA FIR C q L D 7- Pf -4' 1/4- L 1ir5(ro 5 9 717 STATE OF Indiana ) ) SS. COUNTY OF Hamilton ) On the 15th day of July, 2010, Andrew J. Held, to me known and known by me to be the President of Pedcor Commercial Development, LLC, and who is the agent for Owner acknowledged the execution of the Private Storm Water Best Management Practices Maintenance Agreement to be his free act and deed and stated that the representations therein contained are true. My Commission Expires: August 30, 2014 My County of Residence Is: Boone Notary Public - t nature Pamela J. Park Notary Public - Printed i •.�PPY../•.h PAMELA J. PARK Boone County My Commission Expires August 30, 2014 8TH STREET NEW PROJECT LANDSCAPE AREAS (TYP.) 1I3i1S a TYPE A - CURB OUTLET J /71 SORSO DETAIL D-25 (TYP.) APN 556-493-01,02,03,& 05 HARBORVIEW CONDOMINIUMS ROOF TREATMENT CONTECH DOWNSPOUT STORMFILTER 1 UNITS - 2.5'X5' 2 EA - 18" STORMFILTERS NO DUMPING - I LIVE DOWNSTREAM 0 SD LINE -12" CHANNEL DRAIN W/ KRISTAR FLOCARD LOPRO TRENCH DRAIN FILTER NO DUMPING - I UVE DOWNSTREAM NEW PROJECT LANDSCAPE AREAS (TYP.) 4" CURB OUTLET-3 EA SET INVERT TO 1" ABOVE GUTTER FLOW LINE (TYP.) 9TH STREET EXHIBIT A 9718 PLOT ROOF TREATMENT- CONTECH DOWNSPOUT STORMFILTER 1 UNITS - 2.5'X5' 2 EA - 18" STORMFILTERS NO DUMPING - I LIVE DOWNSTREAM PROPOSED 2'X2' JENSEN PRECAST CATCH BASIN OR �EOUIV. -18' DEEP 7'-4" SOR35 SD PIPE PROTECT EXISTING POWER POLE IN PLACE (TIP.) 14.-4" PERFORATED SDR35 SD PIPE INSTALLED ±2 BELOW GRADE (TYP.) ALLEY TREATMENT 149 SF BY 4.75' DEEP DETENTION BASIN GRAVEL FILLED TO FINISH GRADE TOP 6" TO BE DECORATIVE GRAVEL (TYP.) WATER TREATMENT EXHIBIT HARBORVIEW CONDOMINIUMS 50L ENCINEERINGINC CIVIC ENGINEERS B3) CAVING 0EL eR10 S S1E 109. SAN DEGA. LA 91100 (819) 270-8638 (o) (819) ..)0-18B0 N) DRANK 3Y DK W CHECKfU L'Y DKW DATE O6/22/10 501. 1011 N0. 010610 EC,1lE NONE SHEET 1 co 1 wl%u111rwu® STORMWATER SOLUTIONS 9719 Operation and Maintenance DownSpout StormFilterTM Single -Stage Units Important: These guidelines should be used as a part of your site stormwater management plan. Overview The single -stage DownSpout StormFilterTM (DSF) consists of a multi -chamber plastic unit that can contain up to two StormFilter cartridges. By configuring the StormFilter cartridges with various filter media, the DSF is designed to remove pollutants such as soluble zinc and other metals from rooftop runoff. The DSF is installed above ground, occupying a small footprint (2.5' x 5'), and is easily integrated into most existing downspout configurations. The system can be equipped with built-in ports for viewing and sample collection to simplify monitoring. For higher levels of treatment, a second stage can be added. One single -stage, two -cartridge DSF unit can treat runoff from roof areas up to 14,000 square feet. The DSF is also designed with an internal high flow bypass to minimize re -suspension of trapped pollutants in cases where extreme flows exceed the water quality design flow. Design Operation The DSF is installed as the primary receiver of roof runoff. Runoff is directly discharged to the DSF cartridge chamber by the existing downspout system. Once in the cartridge chamber, polluted water ponds and percolates horizontally through the media in the filter cartridges. Treated water collects in each cartridge's center tube from where it is directed by an under -drain manifold to the outlet pipe on the downstream side of the overflow weir and discharged. When flows into the DSF exceed the water quality design value, excess water spills over the overflow weir, bypassing the cartridge chamber, and discharges to the outlet pipe. Applications The DSF is an affordable, easily - maintained solution for treating rooftop runoff from industrial facilities, warehouses, and commercial buildings. Its modular and changeable cartridges allow it to be upgraded to meet changing removal requirements without requiring purchase of additional equipment. EXHIBIT B ©2006 CONTECH Stormwater Solutions Toll -free: 800.548.4667 contechstormwater.com Single Stage DownSpout StormFilter Operation and Maintenance Guidelines PAGE 1 OF 4 1 of 2 9720 Maintenance Guidelines The filter cartridges contained in the DSF are easily removed and replaced during maintenance activities according to the following guidelines: 1. Establish a safe working area as per typical catch basin service activity. 2. Remove lid. 3. Turn cartridge(s) counter -clockwise to disconnect from pipe manifold. 4. Remove 4" center cap from cartridge and replace with lifting cap. 5. Remove cartridge(s) from cartridge chamber by hand or with vactor truck boom. 6. Remove accumulated sediment via vactor truck (min. clearance 13" x 24"). 7. Rinse interior of chamber and vactor remaining water and sediment. 8. Install fresh cartridge(s) threading clockwise to pipe manifold. 9. Replace lid. 10. Return original cartridges to CONTECH Stormwater Solutions for cleaning and media disposal. Media may be removed from the filter cartridges using the vactor truck before the cartridges are removed from the catch basin structure. Empty cartridges can be easily removed from the catch basin structure by hand. Empty cartridges should be reassembled and returned to CONTECH Stormwater Solutions, as appropriate. Note: Customer is responsible for disposing of media in accordance with applicable regulations. Materials required include a lifting cap, vactor truck, and fresh filter cartridges. Contact CONTECH Stormwater Solutions for specifications and availability of the lifting cap. The owner may refresh spent cartridges. Refreshed cartridges are also available from CONTECH Stormwater Solutions on an exchange basis. Contact the maintenance department of CONTECH Stormwater Solutions at (800) 548-4667 for more information. Maintenance is estimated at 24 minutes of site time. For units with more than one cartridge, add approximately 5 minutes for each additional cartridge. Add travel time as required. EXHIBIT B ©2006 CONTECH Stormwater Solutions Toll -free: 800.548.4667 contechstormwater.com Single Stage DownSpout StormFilter Operation and Maintenance Guidelines PAGE2OF4 2 of 2 GENERAL SPECIFICATIONS FOR MAINTENANCE OF FLOGARD® LOPRO MATRIX FILTERS SCOPE: Federal, State and Local Clean Water Act regulations and those of insurance carriers require that stormwater filtration systems be maintained and serviced on a recurring basis. The intent of the regulations is to ensure that the systems, on a continuing basis, efficiently remove pollutants from stormwater runoff thereby preventing pollution of the nation's water resources. These Specifications apply to the FloGard® LoPro Matrix Filter. RECOMMENDED FREQUENCY OF SERVICE: Drainage Protection Systems (DPS) recommends that installed FloGard® LoPro Matrix Filters be serviced on a recurring basis. Ultimately, the frequency depends on the amount of runoff, pollutant loading and interference from debris (leaves, vegetation, cans, paper, etc.); however, it is recommended that each installation be serviced a minimum of three times per year, with a change of filter medium once per year. DPS technicians are available to do an on -site evaluation, upon request. RECOMMENDED TIMING OF SERVICE: DPS guidelines for the timing of service are as follows: 1. For areas with a definite rainy season: Prior to, during and following the rainy season. 2. For areas subject to year-round rainfall: On a recurring basis (at least three times per year). 3. For areas with winter snow and summer rain: Prior to and just after the snow season and during the summer rain season. 4. For installed devices not subject to the elements (wash racks, parking garages, etc.): On a recurring basis (no less than three times per year). SERVICE PROCEDURES: 1. The catch basin grate(s) or cover shall be removed and set to one side. 2. The service shall commence with collection and removal of sediment and debris (litter, leaves, papers, cans, etc.) . 3. The catch basin shall be visually inspected for defects and possible illegal dumping. If illegal dumping has occurred, the proper authorities and property owner representative shall be notified as soon as practicable. 4. Using an industrial vacuum, the collected materials shall be removed from the filter liner and interior of the catch basin. (Note: DPS uses a truck -mounted vacuum for servicing FloGard® LoPro Matrix Filters.) 5. When all of the collected materials have been removed, the filter assembly shall be removed from the drainage inlet. The outer filter liner shall be removed from the filter assembly and filter medium pouches shall be removed by unsnapping the tether from the stainless steel hooded outlet cover and set to one side. The filter liner, PVC body and fittings shall be inspected for continued serviceability. Minor damage or defects found shall be corrected on the spot and a notation made on the Maintenance Record. More extensive deficiencies that affect the efficiency of the filter (torn liner, etc.), if approved by the customer representative, will be corrected and a quote submitted to the representative along with the Maintenance Record. 6. The filter liner and filter medium pouches shall be inspected for defects and continued serviceability and replaced as necessary and the pouch tethers re -attached to the stainless steel hooded outlet cover assembly. 7. The grate(s) or cover shall be replaced. EXHIBIT B 9721 PAGE 3 OF 4 REPLACEMENT AND DISPOSAL OF EXPOSED FILTER MEDIUM AND COLLECTED DEBRIS 9722 The frequency of filter medium pouch exchange will be in accordance with the existing DPS-Customer Maintenance Contract. DPS recommends that the medium be changed at least once per year. During the appropriate service, or if so determined by the service technician during a non-scheduled service, the filter medium pouches will be replaced with new pouches. Once the exposed pouches and debris have been removed, DPS has possession and must dispose of it in accordance with local, state and federal agency requirements. DPS also has the capability of servicing all types of catch basin inserts and catch basins without inserts, underground oil/water separators, stormwater interceptors and other treatment devices. All DPS personnel are highly qualified technicians and are confined space trained and certified. Call us at (888) 950-8826 for further information and assistance. EXHIBIT B 04/07 PAGE4OF4