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Home My WebLink About2012 CON Private Storm Agreement - APN 558-230-2600PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 1%1 Icon D O C ## 2012-0616521 IIIIIII IIIDIIIIIIIIIIIIVIVIIIIIII IIIIIIIIIIIIII IIIIIII1 IIIIII OCT 09, 2012 11:25 AM 4694 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 43.00 PAGES 10 111110111011111111111111111111Hill11111111111111111111111111111111111111111111111 PR\V'ATE ST02A1EV- eEST M41\iNGcMEiS TRACTS C 6NkP11\V ENIaNCE /,GR>`EMEN"V (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording Tee applies) 4695 Recording Requested By: 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 PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Assessor's Parcel No. 5 58 230 2 (0 0 0 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 ti sk..e e 441A S'T NV'RCI-E (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 safc 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. 4696 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) 102/ to - 102q 2-, 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 thcir 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. 4697 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. 4698 14. This Agreement shall be govemed 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. 4699 IN WITNESS WHEREOF, the parties have executed this Agreement This 425 1 day of OG1-O861-4- , 20 12 . Owner: Foy 516/4 El .1e1?t,— Cl-1 c t , s N 4,1 � cat (Print name:) t LA-ft-ro M O p (Print name:) 61Bl,E 'C3f59T1 S'E t-1U'RCH Signature of OWNER must be notarized. Attach the appropriate acknowledgement. 3181,E t'l.Ap11.5'T cFJURci1 5 4700 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ. County of -itZZE77.6.2 On /6/..0 7.2. before me, Date personally appeared P. YALE Commission # 1965571 Z JL Notary Public - California z San Diego County M% Comm. Expires Jan 2, 2016 Place Notary Seal Above Here Insert Name and Title of the Officer Name(s) of Signer(s) CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person( whose name( is/are subscribed to the within instrument and acknowledged to me that he/sk/thdy executed the same in his/hkthrgir authorized capacity(ieV, and that by his/hkr/thrrir signature(g) on the instrument the person(, or the entity upon behalf of which the person(k) 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 a : o icial seal. Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to perso relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Descr . on of Attached Document Title or Type o iocument: Document Date: Number of P Signer(s) Other Than Named Capacity(ies) Claimed by Sign Signer's Name: h Corporate Officer — Title(s): LJ Individual Partner —1 Limited ❑ General ❑ Attorney in Fact Trustee I Guardian or Con :J Other: Si Is Representing: RIGHT THUPVEPRiNT OF SIGNER iamb here ame: Corporate Officer — Title(s): Individual f1 Pa -r — ❑ Limited L. General I Attorney 1 act ❑ Trustee CI Guardian or Conserva _I Other: Signer Is Representing: 02010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) RIGHT THUIbEPRINT OF SIGNER Top of thumb horc ) Item #5907 133211S 4161 VALLE VISTA AVENUE IMP NO. 5 LANDSCAPE AREA BIO-RETENTION 1T AREA 5 (2,069 S.F.) DIG.RLEIT US UM NAI R61 M! NU UiG' 1-800 22]-2600 0WFSINC In NAIIUN UNDERGROUND NSERVICE ALE.CALICokrdn IMP NO. 2 POROUS PAVEMENT IMP NO. 1 POROUS PAVEMENT EXISTING BLDG. FLOW 4 fril EXISTING BLDG. AREA 2 (69,559S.F.) FLOW 4411 FLOW 4 EXISTING BLDG. (CHURCH) EXISTING BLDG. . k ROOF DRAIN AREA 4 (12,936 S.F.) EXISTING BLDG. 1,7 .r7 AREA 3 (10,843 S.F.) MULTI -PURPOSE HALL PACIFIC COAST LAND CONSULTANTS, Inc. CIYI1. LN2INE0QIG • FARO PUNNING • IAN1 SURVEYING aver 0S6EFSEN ME• 91X1[ V NORM, 0I1f00WA 9]S91 IL (951) 600-1.0 0*6 (951) 991-89159 NNIK.IAPCMKt BICKEL UNDERWOOD sA.Yas s. SICK.. JL Alca rlecr CSL,eORR1A co lrofANION SIN R.6 Sle• Ew 190, NRPn Rsh• C19NN 907570111 BIBLE BAPTIST CHURCH SUSMP AND SITE PLAN FOR THE CONSTRUCTION OF MULTI -PURPOSE BUILDING CUP NO. 2007-64 2432 E. 1811 STREET NATIONAL CITY, CALIFORNIA 91950 625 EXISTING PLANTERS LANDSCAPE AREA INTER -LOCKING BLOCK PAVERS i6 PLANTERS LANDSCAPE AREA -133211S 4481 - IMP NO. 4 LANDSCAPE AREA BIO-RETENTION AREA I—V I U r PAN MR 11.NVRM'EARGNER. MULTI -PURPOSE SU LONG SUSMP AND SITE PLAN CITY OF NATIONAL CITY 0ALE WEAL UAIEPROEM' No. eOMNI SFr[ q sad? IF 1Tv95. 102$2-D /I AS -BUILT 4702 PROPOSED IMP MAINTENANCE REQUIRED FREQUENCY AND COST OF MAINTENANCE #1/#2-POROUS PAVEMENT THE OVERALL MAINTENANCE GOAL IS TO AVOD CLOGGING OF THE VOID SPACES; POROUS PAVEMENT CAN BE MADE EFFECTIVE BY THE USE OF HAND HELD PRESSURE WASHERS TO CLEAN THE VOID SPACES; MAINTENANCE STAFF SHALL BE TRAINED AND INSTRUCTED ON THE APPROPRIATE MEHODS OF CLEANING AND TO NOT SEAL NOR DUMP MISC. LIQUIDS INTO THESE POROUS AREAS. THE TREAMENT AREA SHALL BE KEPT CLEAR AND DAMAGED AREAS SHALL BE REPAIRED BY PROFESSIONAL CONTRACTORS SKILLED TO DO SAID WORK MAINTENANCE OF THE IMP TREATMENT AREAS SHALL BE AFTER MAJOR STORM EVENTS ; AND A PROGRAM OF MINIMUM TREATMENT OF TWICE PER YEAR; ONCE BEFORE THE WINTER RAINS AND AT THE END OF THE WINTER RAINS ; OTHER TIMES WILL BE BASED ON RESPONSE AS CALLED UPON FOR THE AMOUNT OF WATER RUNOFF DURING SIGNIFICANT RAINS; THE COST ESTIMATED IS $500 PER YEAR MAX. #3-PAVERS-BIO RETENTION TO CHECK FOR STANDING WATER OR RUNOFF SEDIMENT ON THE PAVEMENT WHICH WILL CLOG THE JOINTS/VOIDS THUS REDUCING INFILTRATION RATE. THERE SHOULD BE NO STANDING WATER ON THE PAVEMENT SURFACE AFTER STORM EVENTS. CHECK TO SEE THAT THE JOINTS ARE CLEARED OF ANY DEBRIS OR SEDIMENT THAT MAY IMPEDE THE FLOWS INTO THE SECTION OF PERMEABLE SUBBASE SECTION. GENERAL MAINTENANCE WILL CONSIST AS FOLLOWS : CLEAN OIL AND GREASE FROM THE PAVEMENT SURFACE AS NEEDED; REPAIR PAVERS MORE THAN 1/4" ABOVE OR BELOW THE ADJACENT UNITS; REPAIR RUTS IN THE PAVEMENT GREATER THAN 1/2"; REPLACE BROKEN OR CRACKED UNITS ; REPLENISH THE AGGREGATE JOINT MATERIAL AS NEEDED. LASTLY SEE THAT THE OVERFLOW DRAIN PIPE IS KEPT CLEAR OF DEBRIS. CHECK WITH THE PRODUCT SUPPLIER FOR OTHER MAINTENANCE DETAILS INSPECTAT LEAST TWICE PER YEAR- BEFORE THE RAINY SEASON AND AFTER; AND AT LEAST AFTER ONE MAJOR STORM EVENT. THE PAVEMENT OPENINGS/JOINTS ARE TO BE VACUUMED IN THE DRY SEASON AT LEAST ONCE PER YEAR OR WHEN INSPECTION SHOWS THE SURFACE OF THE PAVER BLOCK SYSTEM HAS BEEN FLOODED WITH DEBRIS. REGULAR SURFACE VACUUMING WILL MAINTAIN THE INFILTRATION PERFORMANCE OF THE INTENDED USE OF THE PRODUCT FOR YEARS AND WILL REDUCE THE RISK OF THE BASE COARSE FROM CLOGGING THUS BECOMING INEFFICIENT. THE COST ESTIMATED IS $500 PER YEAR MAX Continued PROPOSED IMP MAINTENANCE REQUIRED FREQUENCY AND COST OF MAINTENANCE #4-VEGETATED GRASSY SWALE-BIO RETENTION GENERALLY, ONLY ROUTINE PERIODIC ASSESSSMENT- SEEING THAT THE GRASS AND PLANTED BIO RENTION MATERIALS USED ARE PLANTED WITH THE APPROPRIATE FETILIZERS TO INSURE THAT THE EFFIFICENY OF THE BIO RENTION PERFORMS AS DESIGNED . POTENTIAL CONCERNS THAT MORE SPECIFICALLY NEED TO BE ADDRESSED INCLUDE SOIL PH REGULATION, EROSION REPAIR AT INFLOW POINTS, MULCH REPLENISHMENT, UNCLOGGING THE UNDERDRAIN AND REPAIRING THE OVERFLOW PIPES. HEALTH EVALUTION OF THE GRASS/ VEGETATED MATERIALS; REPLACE DEAD OR DISEASED VEGETATION OR DEAD AREAS OF GRASS/SOD; WEEDING AS NECESSARY BIANNUAL INSPECTION AND THE REPLACEMENT OF DEAD SHRUBS; GENERAL PERIODIC MAINTENANCE; INSPECT THAT THE GRASS AND OR VEGETATED SHRUB AREAS ARE HEALTHY ; PROVIDE A ROUTINE PROGRAM TO SEE THAT THE GRASS AND BIO MATERIALS ARE CLEARED OF DEBRIS THAT MAY IMPEDE THE EFFICIENCY OF THE TREATMENT AREAS. GENERAL OVERVIEW 3- 4 TIMES PER YEAR THE COST ESTIMATED IS $500 PER YEAR #5-VEGETATED GRASSY SWALE- BIO-RETENTION- REAR OF PROPERTY OUTSIDE OF WALL GENERALLY, ONLY ROUTINE PERIODIC SEEING THAT THE GRASS AND PLANTED BIO RENTION MATERIALS AS USED ARE PLANTED WITH THE APPROPRIATE FETILIZERS TO INSURE THAT THE EFFIFICENY OF THE BIO RENTION PERFORMS AS DESIGNED . POTENTIAL CONCERNS THAT MORE SPECIFICALLY NEED TO BE ADDRESSED INCLUDE SOIL PH REGULATION, EROSION REPAIR AT INFLOW POINTS, MULCH REPLENISHMENT, UNCLOGGING THE UNDERDRAIN AND REPAIRING THE OVERFLOW PIPES. HEALTH EVALUTION OF THE GRASS/ VEGETATED MATERIALS ; REPLACE DEAD OR DISEASED VEGETATION OR DEAD AREAS OF GRASS/SOD; WEEDING AS NECESSARY BIANNUAL INSPECTION AND THE REPLACEMENT OF DEAD SHRUBS; GENERAL PERIODIC MAINTENANCE; INSPECT THAT THE GRASS AND OR VEGETATED SHRUB AREAS ARE HEALTHY ; PROVIDE A ROUTINE PROGRAM TO SEE THAT THE GRASS AND BIO MATERIALS ARE CLEARED OF DEBRIS THAT MAY IMPEDE THE EFFICIENCY OF THE TREATMENT AREAS. GENERAL OVERVIEW 3- 4 TIMES PER YEAR THE COST ESTIMATED IS $500 PER YEAR GENERAL NOTES FOR MAINTENANCE BIO RETENTION AREAS - WEED; REMOVE DEBRIS; IRRIGATE TO MAINTAIN HEALTHY GROWTH; REPLACE DEAD PLANTS / GRASSY AREAS/ SHRUBS INTERLOCKING PAVERS - MAINTAIN CLEAN SURFACES; VACUUM OFF SIDEIMENTS THAT COLLECT; NO POWER WASHING IS ALLOWED; REPLACE ALL DAMAGED PAVERS;. MAINTAIN UNIFORM SURFACE POROUS PAVEMENT - POWER WAH TO REMOVE FINES. SEDIMENTS THAT COLLECT; REPLACE AREAS THAT ARE DAMAGED; ALL REPLACEMENT WITH SPECIALTY CONTRACTOR DUMPING - ALL IMP'S SHALL BE EITHER PLACARD SIGN OR STENCILED PAINT NOTE IN THE IMP AREAS THAT THERE WILL BE "NO DUMPING" - THIS IS MANDATORY 4703