HomeMy WebLinkAbout2011 CON Private Storm Agreement - APN 557-330-09-00Recording Requested By:
City Engineer
When Recorded Mail to:
City Clerk
City of National City
1243 National City Blvd.
National City, CA 91950
aac # 201 7 -o1 7 z3zz
111111111111111111111111111111111111111111111111111111111111111111
GP )
)
1G )
11)5 6 2 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
MAR 01,2011 2:01 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 62.00
PAGES 8
) SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT
Assessor's Parcel No. 3 - 22,3C -_a ff —oi7
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
% %%P (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.
11563
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) /O /Lf--9 -I03/7- 1,), 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
11564
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 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 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
11565
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 repair from the party having
such repair and maintenance obligation.
4
IN WITNESSWHEREOF, the parties have executed this Agreement
This aLt day of %r(,t�i� , 20 1
Owner:
&61
(Print name:)
(Print name:) lf- C ,ram , 12
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
O. 2014
tr
11566
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California (�
County of JCd V) f e��
}
11567
On e ‘;'. ?g-f, 3at'I before me, Do (2A / • /'r� dZ NOI?, J Pk L4 le
Date Here Insert Name and Title o the Officer •J
personally appeared
N ets) of Signers)
z
DORIS A. ARRAY
Co ,In son 4• 1892522
Nr c - California
San Diego County
Cor,nm. Expires Jul 10, 2014
z
z
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(*) whose nameOse) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they-executed the same in s/her/teir authorized
capacity(ies), and that by his/her/their signature( on the
instrument the person(, 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 -eland and official seal.
Signature
OPTIONAL
c�4�h <' Signature of Notary Public
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: IMG1't✓1'4vtjree�t+w
Document Date: �'"/) Number of Pages: 5
Signer(s) Other Than Named Above: Y u
Capacity(ies) Claimed by Signer(s)
Signer's Name: - e I2�2t e &)Jv
J Individual
fl Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
11 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb j.nere
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
LI Partner — ❑ Limited ❑ General
Attorney in Fact
Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
02007 National Notary Association• 9350 De Soto Ave. P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NationalNotary.orgItem 45907 Reorder: Call Toll -Free 1-800-876-6827
EXHIBIT " A"
LEGEND:
DMA POINT(S) OF ENTRY/EXIT
DIRECTION OF FLOW
BIORETENTION
TO BE MAINTAIN
BY THE OWNER
ROOF DRAIN
TO BE MAINTAIN
BY THE OWNER
ROOF DRAIN
TO BE MAINTAIN
BY THE OWNER
ROOF DRAIN
TO BE MAINTAIN
BY THE 01/NER
ROOF DRAIN
TO BE MAINTAIN
BY THE OWNER
6 &NGI�NNG
EERS
ENGINEERS & SURVEYORS
3434 Fourth Ave. San Diego CA.
92103-5704 * (619) 299-5550
BIORETENTION
TO BE MAINTAIN
BY THE OWNER
ELEC
TRANSF
ROOF DRAIN
TO BE MAINTAIN
Y THE OWNFR
11568
BIORETENTION
BE MAINTAIN
BY THE OWNER
TO
PALM AVENUE
@ 2010 BURKETT & WONG ENGINEERS
EXHIBIT "B"
POST CONSTRUCTION PERMANENT BMP/IMP
PROPOSED OPERATION AND MAINTENANCE PROCEDURES AND DETAILS
NAME
ADDRESS
TELEPHONE
INSPECTION
FREQUENCY
MAINTENANCE
FREQUENCY
MAINTENANCE
METHOD
SERVICE
FREQUENCY
Bioretention
Maintenance
Lopez Landscape
Contractor Inc.
P 0 Box 741554
San Diego, CA 92174
619-262-5855
Quarterly
Quarterly
Maintain and care for soil,
mulching as needed, and
removal of debris and silt
Quarterly
Infiltration
Maintenance
Lopez Landscape
Contractor Inc.
P 0 Box 741554
San Diego, CA 92174
619-262-5855
Quarterly
Quarterly
Maintain drainage, remove
debris and silt, and mulch
as needed
Quarterly
0&M RESPONSIBLE PARTY: PROPERTY OWNER -JADE GROUP LLC