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HomeMy WebLinkAbout2013 CON Private Storm Water Agreement - APN 562-072-10Recording Requested By: City Engineer When Recorded Mail to: City Clerk City of National City 1243 National City Blvd. National City, CA 91950 ooca 20130442938 I IIIYIIIII II�IIIUIIIR IIIII h�l ��M IIIIIIIIh IIIIItlVllll JUL 18, 2013 3:50 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 47.00 PAGES: 11 1111111II1iI111111111111h11 1111111111111111111111II II 11111111111111111111II11111 ) SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Assessor's Parcel No. 562-072-01 & 562-072-10 Project No.: D P 2-013- Lpc TI IIS 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 Alturas Imperial LLC (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 WI IEREAS, 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 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) 10573-D, 10575-D & 10576-D 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 live (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 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 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 WITNESS WHEREOF, the parties have executed this Agreement This 9th day of July , 20 13 . Owner: Glenn R. Dugan, Jr. (Print name:) A Ifuura6 Iraper10-C LL-C- (Print name:) Signature of OWNER must be notarized. Attach the appropriate acknowledgement. 5 EXHIBIT A E� g1HSTR� /;\ NOTES NEAREST RECEIVING WATERS- SWEETWATER RIVER FLOOD CONTROL CHANNEL (SWRFC). RUNOFF FROM SITE CONVEYED TO STORMDRAIN INLET WITHIN F AVENUE RIGHT-OF-WAY APPROXIMATELY 800' SOUTHWEST OF THE PROJECT SITE. ALL LANDSCAPED AREAS WILL HAVE A MAXIMUM DRAW DOWN TIME OF 96 HOURS. THE EFFECTS OF COLLECTING WATER IN LANDSCAPE AREAS ADJACENT TO THE BUILDING FOUNDATION WILL BE MITIGATED AS NECESSARY. NO NEGATIVE IMPACTS ARE EXPECTED FROM THE INSTALLATION OF THE LANDSCAPED AREAS AT THOSE LOCATIONS. KEYNOTES @PARKING LOT AREA. 19,850 SF, \\ \\. ®SELFTR EATING LANDSCAPE, 355 SF. DOES NOT DISCHARGE TO ANY IMP. \ \\L ., �3 )SELF -RETAINING LANDSCAPE AREA. 875 SF. DESIGNATED IMP AREA \�`;;',. r4)DEPRESSSED GRAVEL LANDSCAPE AREA. 2,114 SF. DESIGNATED IMP AREA. 1,525 CF OF STORAGE CREATED USING 0.4 VOID RATIO. BASE OF STORAGE AREA SHOULD BE KEPT AT SAME ELEVATION TO ENSURE UNIFORM STORAGE THROUGHOUT THE LANDSCAPE AREA. ('WEST ROOF DRAINAGE. 5,780 SF. 6,5EAST ROOF DRAINAGE. 6,760 SF. 77 !CONCRETE SIDEWALK AREA. 702 SF. (35O SF LANDSCAPE). SELF -RETAINING LANDSCAPE AREA. 560 SF. DESIGNATED IMP AREA 9 SELF -RETAINING LANDSCAPE AREA. 2,420 SF. DESIGNATED IMP AREA. -: CONCRETE REFUSE AREA AND REFUSE ACCESS. 250 SF. (1Th PARKING LOT SUB AREA 1,100 SE. `12 SELF -RETAINING GRAVEL LANDSCAPE AREA. 645 SF. DESIGNATED IMP AREA. 13) NEW 2' WIDE CONCRETE CURB OPENING. EXHIBIT A -rl;,, r Yo (lr, „yy, ],- 1-800-782-5348 a„sue.e C Y IVIL DE strensth so LOPMEN Inane l: 2102 north country club road suite R9 tucson, ar'zone as716 p: 520.991.5213 e: kmhall@cypresscivil.com AINTENANCE AGREEMENT SITE PLAN for NATIONAL CITY SSA exhibit A EXHIBIT B FACILITY MAINTENANCE REQUIREMENTS - EXHIBIT B Maintenance of all stormwater pollution prevention and water quality measures will be the sole responsibility of the project owner. If ownership is transferred by sale or other means of transaction, responsibility for maintenance will be transferred to the new project owner. At the time of this agreement the project owner is: Alturas Imperial LLC 12675 South Danielson Court, Suite 414 Poway, California 92064 Mr. Glenn Dugan P: (858) 454-5290 The responsibility of operating and maintaining the IMP facilities rests with the Owner of the property. In addition, the Owner(s) shall be solely responsible for operation, maintenance and liability for the drainage areas; City staff may periodically inspect the storm water quality facilities to verify scheduled and unscheduled maintenance activities are being performed adequately; Sediment, trash and parking lot pollutants will be required to be removed from these facilities as a part of standard landscaped maintenance to ensure they are operating adequately. See Exhibit A for the Maintenance Agreement Site Plan. CONSTRUCTION PLAN BMP CHECKLIST BMP PGD Plan Sheet # Description Self -containing areas Rip Rap pad Depressed landscaped area 10573, 5, & 6 - D 10573, 5, & 6 - D 10573, 5, & 6 - D depressed landscape areas At bottoms of downspout directly adjacent to west of parking lot CERTIFICATION The selection, sizing, and preliminary design of storm water treatment and other control measures in this plan meet the requirements of Regional Water Quality Control Board Order R9-2007-0001 and subsequent amendments. Kevin Hall, PE Principal MAINTENANCE SCHEDULE It is anticipated that standard landscape and janitorial maintenance will be satisfactory in preserving the operability of the storm water quality facilities shown in Exhibit A. Specific to this project and per owner lease agreement, please see below: LANDSCAPING Landscape maintenance shall be performed during the growing season at not less than a weekly cycle and shall consist of watering, weeding, mowing, and policing the area to keep it free of debris. Pruning and fertilization shall be done on an as -needed basis. In addition, dead, dying or damaged plants shall be replaced. The above stated landscape maintenance schedule will be adequate for preserving desired levels of storm water quality. JANITORIAL Daily — Empty trash receptacles. Sweep entrances, lobbies, and corridors. Dispose of all trash and garbage generated in or about the building. Police sidewalks, parking areas, and driveway. As Required — Properly maintain plants and lawns. The above stated janitorial maintenance schedule will be adequate for preserving desired levels of storm water quality. personally appeared, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Sa- Dle40 On 7111Gj 4, 2-D/3 before me, J I f ich ecl e. L.' Snyder No/ury Ablit DATE INSERT NAME, TITLE OF OFFICER — E.G.., "JANE DOE, NOTARY PIA'LIC Glenn R. 1Ju j •Tr- . r who proved to me on the basis of satisfactory evidence to be the person whose name are subscribed to the within instrument and acknowledged to me tha Ie shc/they executed the same i ID' - - authorized capacityliast and that byS9/11. r }►err signature14 on the instrument the personX, or the entity upon behalf of which the personj$j 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. NOTARY PUBLIC SIGNA MICHELLE L. SNYDER COMM. #2013912 os . i NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY immaiwy Cammisaion E>lires Mar 22, 2017 (SEAL) OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NO REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOIARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT TpY rvate r 1Y1 IA) ttte r Bpi P mae n an ce Ai/reem err& DATE OF DOCUMENT 7-1- 20/5 NUMBER OF PAGES I SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME RIGHT THUMBPRINT SIGNER'S NAME RIGHT THUMBPRINT To order supplies, please contact StampsAmerica at 858-571-7952.