HomeMy WebLinkAbout2013 CON Private Storm Water Agreement - APN 557-112-10r
Recordin • Requested By:
City Engineer
When Recorded Mail tel:
City C l crk
City of National City
1243 National City Blvd.
National City, CA 91950
PRE '.ATE STOR`
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 46.00
PAGES: 11
IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
1 SPAC'I, ABOVE FOR RECORDER'S ES F ONLY
'ATER REST MAr' A.NGEMENT PRACTICES (11 1.1's)
MAINTENANCE AGREEMENT
Assessor' e1 T\t!,
5577 l/c2 -/0,-0
JUL 19, 2013 9;18 AM
7273
Project No.:
THIS AGREEMENT for the periodic maintenance and repair of Private Permanent Storm water
Bek Manngemcnt Practices (Private Pcrrnitnettt Storm Water 1311P i (Hereinafter referred to as
the "HMI's"), is made by and between the. City Of National City,. a municipality and
VINTNERS D isvw3v?oRS TN'. (bercinatler referredto as the "owner").
WHEREAS. this in -cement 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 Storrs
Water \7itigaation Plan (St:SNIP`; and
WHEREAS, "o\vu:r" who is the owner of certain real property (the "Property") described
on the site niap, Exhibit "A", attached hereto, will use and enjoy the benefit of said E3MPs
incidental ao its development; and
WHEREAS, csiablishmcint of the 131xMPs is a condition of developinm the property.; and
1't'i IFRFAS, there exists a benefit to the puhlic 3vhera the BMPs are adcclnately maintained
on a regular and periodic basis; and
WHEREAS, it is the desire of the Owner that said RMPs shall be maintained in a sate and
usable condi tion by' the Owner: and
4t I!E:REAS, it is the desire ol'the Owner to conduct the periodic maintenance and repair of
saki C3\il's and ni.vner is responsible for the expense of such maintenance and repair.
7274
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) , 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.
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7275
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.
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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 W1TNF.SS ERTOF.. the parties lime executed this Agreern ut
This 9 days of JU
Owner:
V/ jT, JE Rs D isrQ.l i30TORS, l tip.
(Print name:)
NA Rcsu C 0y4L
(Print name:
/ Ts ; Pre s,'4e1&.4-
7277
Signature of OWNER antis he notar i cc1. Attach: tlt : appropriate ticknowlectgement.
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACK\ OWLEDGMENT
Stag of California
County of A L e- �R
On gi,l cl 1
Z-,i0/ 3 before me,
7278
Nr i�LA
(here insert name and title of the officer)
personally appeared / yA-REs7I 0y,4L
who proved to me on the basis of satisfactory evidence to be the person(whose names) is/ape subscribed to
the within instrument and acknowledged to me that he/she/tlaeq executed the same in his/L r/their authorized
capacity), and that by his/her/their signature s-Yon the instrument the person(s); 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.
•
WITNES my hand and official seal.
Signature ofNota PZbttc
(Seal)
C IL fi 1900078 hi
tit
Mr Coax. EAeG.18 COM 2014
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is f a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (ie. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this fe rm if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
hie/she/they, is /are) or circling the correct forms. Failure to ccrreatly indicate this
information may lead to rejection of document recording.
The notary seal impression must be clear and photographically reproducible.
Impression must riot cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (Le. CEO, CFO, Secretary).
• Securely attach this document to the signed document
it
Li
CAPAv12.10.07 800-873-9865 wvw.NotaryClasses com
A-1
EkH(mT 14-1
7279
TRASH
ENCLOSURE
PAVEMENT
EX/ST.
CARWASH
BIOSWALE
/MP-B
PROP. C.B.
& DRAIN
"NO' DUMPING'
EXI
TO
RATE & DRAIN
E REMOVED
f= �, PROPOSED DMA-C SURFACE
SIDEWALK= -FLOW-INTO- DfW
UNDERDRA/NS
1;
1 "=20 "
T -2-
7280
DMA TABLE *
DMA
AREA (SF)
SURFACE
DMA
RUNOFF
UOFO4ACO***
RFF R
(0FRSF)
A-1
960
L'SCAPE
0.1
96
A-2
130
L'SCAPE
0.1
13
A-3
715
L'SCAPE
0.1
72
A-4
8,955
PVMT/ROOF
1.0
8,955
TOTAL IMP -A
10, 760
9,136
365
B-1
635
L 'SCAPE
0.1
64
B-2
240
L'SCAPE
0.1
24
B-3
110
L'SCAPE
0.1
11
B-4
6,485
PVMT/ROOF
1.0
6,485
TOTAL /MP-8
7,470
6,584
263
C**
4,680
N/A
N/A
N/A
D**
290
N/A
N/A
N/A
TOTAL SITE
23,200
* ALL AREAS SOIL TYPE D
** DMA-C AND D: RUNOFF FLOWS OFFSITE PER EX/STING CONDITIONS
*** FLOW -THROUGH PLANTER/B/0-SWALE SIZING; .04 X AREA, PER NATIONAL CITY MANUAL
3/7E/MPERWOUSNESS DATA
EX/STING CONDITION
(862) IMPERVIOUS AREA
(14%) PERVIOUS AREA
TOTAL AREA
19,265 SF
3.935 SF
23,200 SF
6" MIN. TOPSOIL OR
AMMENDED SOIL
TURF/GROUND
COVER
r
DEVELOPED CONDITION
IMPERVIOUS AREA
(1 ) PERVIOUS AREA
TOTAL AREA
CONCRETE CURB
PER GRAD/NG PLAN
k
.6'r I .
rf
t ate}�
18,480 SF
4.720 SF
23,200 SF
7'
EXIST. GROUND
TYP/CAL B/O - SWALE SECT/ON (/MP A)
NOT TO SCALE
SEE PROJECT GRADING PLANS FOR ADDITIONAL DETAIL
7281
Exhibit B
FACILITY MAINTENANCE
The project IMP's are the two bioswales at the southerly site perimeter. The swale areas will
be planted with a combination of ground cover, shrubs, and turf. No infiltration is proposed;
therefore the pollutant removal from runoff will be through contact with the planted
material. Maintenance of the bioswale areas will consist mainly of trash and debris removal
on a regular basis. The site responsible individual will be designated by the owner. This
person will have direct responsibility for maintenance of stormwater controls and IMP's
(bioswales). City of National City inspectors should correspond with the designated
responsible party for inspections and correspondence. Employees or contractors who will
report to the responsible party should also be identified along with the designated corporate
officer that might execute any agreements, contracts, etc. Funding for BMP maintenance will
be the responsibility of the owner. A maintenance agreement will be provided, in National
City format, to ensure compliance. A sample agreement is included as Attachment 5
Ownership Information
Sunny Goyal
Vintners Distributors, Inc.
41805 Albrae Street
Fremont, CA 94538
(510) 270-3411 (Direct)
(510) 657-9150 (Main)
(510) 270-3411 (Fax)
8.2 Summary of Maintenance Requirements/O&M Plan Maintenance
The useful life of a vegetated swale system is directly proportional to its maintenance
frequency. If properly designed and regularly maintained, vegetated swales can last
indefinitely. The maintenance objectives for vegetated swale systems include keeping up the
hydraulic and removal efficiency of the channel and maintaining a dense, healthy grass cover.
Maintenance activities should include periodic mowing (with grass never cut shorter than the
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.
Shell Minimart Project Water Quality Technical Report
Another aspect of a good maintenance plan is repairing damaged areas within a channel. For
example, if the channel develops ruts or holes, it should be repaired utilizing a suitable soil
that is properly tamped and seeded. The grass cover should be thick; if it is not, reseed as
necessary. Any standing water removed during the maintenance operation must be disposed
7282
to a sanitary sewer at an approved discharge location. Residuals (e.g., silt, grass cuttings)
must be disposed in accordance with local or State requirements. Maintenance of grassed
swales mostly involves maintenance of the grass or wetland plant cover. Typical maintenance
activities are summarized below:
❑ Inspect swales at least twice annually for erosion, damage to vegetation, and sediment
and debris accumulation preferably 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.
❑ Trash tends to accumulate in swale areas, particularly along highways. The need for litter
removal is determined through periodic inspection, but litter should always be removed prior
to mowing.
❑ Sediment accumulating near culverts and 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.
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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: CH A R V CD jP I ---
Commission Number: l q (') d 6 4 Date Commission Expires: 14 a a t y
County Where Bond is Filed: eUP TFA e O5T1 cl U U W-I `-1
Manufacturer or Vendor Number: V S 1
Signature:
(Located on both sides of the notary seal border)
Firm Name (if applicable)
Place of Execution:
Rec. Form #R10 (Rev. 8113197)
Date: 2-613