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HomeMy WebLinkAbout2017 CON Private Storm Water Agreement - APN 562-340-15Recording 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 DOC# 2017-0326400 11110111111111111111111111111111111011111111111111111111111111111 Jul 20, 2017 09:05 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $60.00 PAGES: 16 PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Assessor's Parcel No.: 562 340 15 00 ProjectNo.: 2017-2597 W.O. No.: 11490 — 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 Fenton NCP 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 the City of National City BMP Manual; 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; and 1 WHEREAS, BMPs have been separately described in the Operation and Maintenance (O&M) Plan, Exhibit 'B", attached hereto and made a part hereof (hereinafter referred to as the 'Plan"), consistent with Drawing Number(s) 11490-D, copies of which are on file in the office of the City Engineer; and 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. I n 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. 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. 2 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. 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. 3 IN WITNESS WHEREOF, the parties have executed this Agreement This 8-6rd day of m i. , 20 11- Owner: FENTON NCP, LLC, a California limited liability company By H.G. Fenton Company, Authorized Agent Jeff Di Michae Portfolio Leader P. Neal, Resident & Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 3 W1 .iiejv On m 0-3. 9-VI 3" before me, Date Clam C►hatvez, i\iotiPrem btic Here Insert Name and Title of the Officer personally appeared Jeff DI H-Z— wi) (hli(i p tve,ti Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-is�are subscribed to the within instrument and acknowledged to me that she/they executed the same in hi3/hcr/their authorized capacity(ies), and that by hic/hor/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. �..,, CLARE CHAVEZ Commission # 2071792 l y �s Notary Public - California z z `,f"►� San Qiego County Extres Jun 20,2018 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ,�,,,,����- Title or Type of Document: ES Mg �A1tt 11Iitan�% (Document Date: Number of Pages: 1lj Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): i Corporate Officer — Title(s): ❑ Partner — ❑ Limited r General ❑ Partner — Limited General ❑ Individual ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ❑ Individual i Attorney in Fact Signer's Name: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Owner's Certification I certify under penalty of law that this document and all attachments were prepared under my jurisdiction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathered the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Owner's Name: Michael P. Neal Owner's Title: President & CEO Company: Fenton NCP LLC, a California limited liability company Address: 7577 Mission Valley Road, San Diego, California 92108 Email: mneal@hgfenton.com Telephone No: 619-400-0120 Signature: Q 2 ____r r<4 Date: 5-in/2.O r Exhibit "A" MILE OF CARS WAY m UNDERGROUND STORAGE VAULTS (OPEN BOTTOM) 1 1‘49il., CHICK-FIL-A LEASE AREA (PORTION OF LOT 15) ■ CHICK-FIL -A a fir f5o3s 1.40, NIPS' SIM BIOFIL TRATI0N _ I BASIN WITH PARTIAL INFIL TRA 170N e BIOFIL BASIN PARTI, INFIL Ti LEGAL DESCRIPTION THE LAND REFERRED TO HEREON IS SITUATED IN THE CITY OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND 15 DESCRIBED AS FOLLOWS: LOT 15 OF E. J. CHRISTMAN BUSINESS AND INDUSTRIAL PARK I, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 07, 1974. RA T10N WITI-I L A AON 144 Co, 4 Prepared by ,bwpn G Tnuaas end Anode* A►e 265 S. Anita Drive, Suite 111, Orange, CA (714) 935-0265 www. !ruxow. can EXHIBIT "A" IN THE CITY OF NATIONAL CITY DRAWN: CL CHKO: SMH DATE: 5-5-17 DATE: 5-5-17 Exhibit "B" BMP Operations and Maintenance Plan BMP Responsible Party Maintenance Activity Inspection/Maintenance Frequency Source Control BMPs (Structural and Nonstructural) Education for Property Owner Fenton NCP LLC Education program as it would apply to future employees of the building. The owner shall prepare manual(s) for employees of business site. Continuous. Provide regular training to field employees regarding all the BMPs proposed in this document. Activity Restriction Fenton NCP LLC No sidewalk or driveway washing. Continuous Common Area Landscape Maintenance Fenton NCP LLC Manage landscaping in accordance with: the City Regulations, and with management guidelines for use of fertilizers and pesticides and with the County of Los Angeles. Monthly during regular maintenance BMP Maintenance Fenton NCP LLC The manager and employees will be instructed in environmental procedures regarding contamination and cleanup. Per established maintenance BMP schedule Common Area Litter Control Fenton NCP LLC A contract for trash management and litter control and landscape maintenance will be made with outside contractors as necessary Daily, during regular maintenance. Litter patrol and emptying trash receptacles. Employee Training Fenton NCP LLC Educational materials. When new employees are hired, and once every six months. Common catch basin Inspection Fenton NCP LLC Inspect inlet for debris and clean when Monthly and prior to October 1st each year. required. Private Street sweeping Fenton NCP LLC Post "No Littering" signs and enforce anti -litter laws. A contract for street sweeping and litter control will be made with outside contractors as necessary. The contractor will clean out and cover litter receptacles frequently to prevent spillage. The contractor will routinely sweep, shovel, and dispose of litter in the trash. The contractor will use dry cleaning methods to prevent the discharge of pollutants into the stormwater conveyance system. A contract for oil and petroleum hydrocarbons removal will be made with cleaning services contractor. Sweep private alleys and parking lots weekly and prior to the storm season. Remove oil and petroleum hydrocarbons if any at the drive -way once every 6 months. Storm Drain System Stenciling and Signage Fenton NCP LLC Inspect for re -stenciling needs and re -stencil as necessary. Once every 6 months. Efficient Irrigation System Fenton NCP LLC Verify that the runoff minimizing landscape design continues to function by checking that water sensors are functioning properly, that irrigation heads are adjusted properly to eliminate overspray to landscape areas, and to verify that irrigation timing and cycle lengths are adjusted in accordance with water demands, given time of year, weather and day or night time Once a week with maintenance activities. Itemperatures. Treatment Control BMPs FloGard Trash & Debris Guard Fenton NCP LLC The property owner will contract with drainage protection systems for ongoing maintenance of pre-treatment devices. Maintenance will include removal of sediment and debris, inspection of screen and frame, and replacement of filter medium. Filter medium to be replaced a minimum of once a year, prior to the rainy season. Biofiltration with partial retention (PR-1) Fenton NCP LLC Mow grass and trim plants regularly and remove weeds to limit unwanted vegetation. Remove trash and debris from the bioretention area as required. If infiltration is significantly reduced, remove and replace soils mix and re -plant landscape material. Visually inspect and remove debris a minimum of 3 times annually — prior to, during and after rainy season. Oldcastle Storm Vaults Fenton NCP LLC Owner to check for integrity, debris and sediment on riser. Verify proper operation of rectangular notch and orifice. Inspect at least twice a year and before the rainy season. The funding for the treatment and structural BMPs will be provided by the owner through the current budget for Operation and Maintenance. Responsible Party Information: Name: Cory LaShell Company: Fenton NCP LLC Phone Number: 760-497-5044 Trash & Debris Guard (1 of 2) GENERAL SPECIFICATIONS FOR MAINTENANCE OF FLOGARD® TRASH AND DEBRIS GUARD SCOPE: DPS 1111, 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® Trash and Debris Guard. RECOMMENDED FREQUENCY OF SERVICE: Drainage Protection Systems (DPS) recommends that installed Flo -Gard® Trash and Debris Guards 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 (washracks, parking garages. etc.): On a recurring basis (no less than three times per years). SERVICE PROCEDURES: 1. The service will commence with the collection and removal of sediment and debris (litter, leaves, papers, cans, etc.). 2. The screen and frame shall be visually inspected for defects. 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 (tom liner, etc.), if approved by the customer representative, will be corrected and an invoice submitted to the representative along with the Maintenance Record. 3. The filter medium pouches shall be inspected for defects and continued serviceability and replaced as necessary and the pouch tethers re -attached to the liners D-ring. See below. 4. If removed. the filter device (frame and screen) shall be replaced. Trash & Debris Guard (2 of 2) REPLACEMENT AND DISPOSAL OF EXPOSED FILTER MEDIUM AND COLLECTED DEBRIS 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, cr 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 manner of catch basin inserts and catch basins without inserts, underground oil/water separators, stormwater interceptors and other such 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. Oldcastle Storm Capture (1 of 2) Oldcastle Precast STORM JCAPTURE 6/12/ls STORM CAPTURE INSPECTION & MAINTENANCE General Inspection and maintenance of the Storm Capture system is vital for the satisfactory performance and life cycle of the storm water management system. Permit requirem ents, local, state and federal regulations, along with Oldcastle and any incorporated device manufacturer recommendations must be followed for system compliance. The Storm Capture design provides manway access for ease of inspection and debris rem oval if required. Flushing, which can cause particle displacement, undermining and internal disturbance, is not recommended for gravel foundation, open bottom systems. Flushing is acceptable in systems with concrete bases. Inlet controls, internal or external, are recommended for controlling monitoring and maintaining the Storm Capture system. External Inlets are typically devices that are separate from the Storm Capture modules. These external devices receive site stormwater and are designed with manway access for maintenance and typically include an internal sump for sediment capture. External Inlets may receive single or multiple pipes and incorporate an open grated top with an outfall pipe to the Storm Capture system. Grated inlets may incorporate protection devices or bafflesto capture floatables or the "first flush." Scheduled inspections and maintenance shall include the removal of any sedimentation build up in the external inlets. Debris or sedimentation build up shall not exceed 3" below an outfall elevation. Internal components may be incorporated for pretreatm ent. Manufacturer recom m endations must be followed. Scheduled maintenance and inspection will include removal of debris and sediments by manual or mechanical means. Maintenance Modules (MM's) are optional internal control modules based on design preference. MM's are modules with roof manway access openings and provide the primary m eans of access to the Storm Capture system for scheduled inspection and maintenance. In addition, MM's may incorporate weirs or baffles to enhance reduction or removal of Total Suspended Solids (TSS) from the storm water. Placement of internal components must be part of the system engineering and design. Grated inlets can be incorporated to accommodate surface storm water flows into the Storm Capture and may include an inlet protection device. Scheduled inspection and manufacturer recommendations for maintenance must be followed. For open bottom systems (no concrete floor), concrete splash padsmay be installed below inlet grate openings and pipe inlets to prevent base erosion. During scheduled inspection and maintenance activities, the concrete splash pads must be inspected for proper function and any sediment shall be removed. Standard Storm Capture module design incorporates lateral and Iongtudinal passageways between m odul es to accommodate internal storm water conveyance between modules. These passageways may be of a window configuration with standard 12"tall sediment baffles below the windows extending from the internal module invert, or doorway configurationsextendingfrom the floor slab. Any sediment and debris build up over 6" deep Pagel of 2 www.storrncapture.com 888-965-3227 Oldcastle Storm Capture (2 of 2) Oldcastle Precast STORM CAPTURE inside a module shall be removed by manual or mechanical means. Removal by vacuum is recommended. Internal module flushing, which can cause particle displacement, undermining, or internal disturbance, is prohibited. Inspection Frequency Oldcastle recommends that the StormCapture system be inspected quarterly, and following any significant rain events within the first year of operation. Standard Operating Procedures shall specify an annual inspection and maintenance plan as required thereafter or as stated in the permit, or as required by other governing regulations. Only authorized and trained personnel shall inspect and enter a StorrnCapture system. Personnel must be properly trained and equipped before entering any underground or confined space structure. Training includes being familiar with and following any local, state and federal regulations governing the operation, inspection and maintenance of underground structures, as well as specific Storm Capture system requirements. Inspection Activities During inspection, a minimum of the following shall be inspected: • Contributing drainage area inlets are clear of debris. • If the Storm Capture system is an exfiltration system (open bottom with storm water percolating into the ground), monitor and confirm that the system drains completely within a reasonable time or the required permit time. • Sediment depths within modules (anything over 6" deep shall be removed as outlined above). • Inlet and outlet pipe penetrationsto check for movement and/or leakage. • Movement of modules. • General interior condition of modules to look for concrete cracking or deterioration. • Condition of pretreatment devices, baffles, and polishing devices if part of the system. Recordkeeping A log must be kept of all inspection and maintenance activities. Paget oft www.sturmcapture.corn 888-965-3227 LOW PT. IN DRIVE-THRU 13.50 TC 13.00 FL 24" TRASH AND DEBRIS GARD W/ABSORBENT POUCH 25' r 12.95 FS- Dip,�� �\ ' f 12° PVC PIPE TO STORMVAULTS ��\,,\� AT NOTES: NOTES: 1.- MEDIA MEETING EITHER OF THESE TWO MEDIA SPECIFICATIONS. CITY OF SAN DIEGO STORM WATER STANDARDS APPENDIX F OR COUNTY OF SAN DIEGO LOW IMPACT DEVELOPMENT HANDBOOK APPENDIX G. BIORETENTION SOIL SPEOFICATION '4 2'X2'X 9.5' GROUTED RIP -RAP I 2.0' 25' 2" THICK 24°x24 OUTFLOW GROUTED RIP -RAP 12.28 FG -TOP OMULF MEDIA LAYER AGGREGATE CLASS 2 CALTRAN$ 68-1.025 .22% 2.- UNDERDRAINS ARE MADE OF SLOTTED PVC PIPE CONFORMING TO ASTM D 3034 CRATED INLET 12.78 GR 9.01 INV MEDIA LAYER AGGREGATE CLASS 2`/" CALTRANS 68-1.025 Ne 9.23 INV 6" PVC SLOTTED UNDERDRAIN 5.5' SIDEWALK PER PLAN AGGREGATE ASTM 33 AGGREGATE ASTM 08 8.36 BOTTOM ✓ DMA-1 BIOFILTRATION TYPICAL SECTION TOT TO SCALE RECTANGULAR PIPE TO BIOFILTRATKNV PER PLAN FOSSIL FILTER PER PLAN Bioretention Typical Section (1 of 2) Bioretention Typical Section (2 of 2) 2.9'-4.9' 2.0' VARIABLE 3.53 FG 24"x24" OUTFLOW TOP OF MULCH GRATED INLET PER PLAN SIDEWALK 1 14.03 GR 6". 10.28 FG BOTTOM 2.0' 14.20 FS 2.0' MEDIA LAYER AGGREGATE CLASS�2 ,��� CALTRANS 68-1.025 NATIVE SOIL MEDIA LAYER //\ 7 10.61 IN J. 6" PVC SLOTTED \j UNDERDRAIN S=0.008 � 6" PVC PIPE \\ ,\\i\\r 9.01 INV TO CONFLUENCE DMA-2 BIOFILTRATION TYPICAL SECTION NOT TO SCALE NOTES: 1.— MEDIA MEETING EITHER OF THESE TWO MEDIA SPECIFICATIONS. CITY OF SAN DIEGO STORM WATER STANDARDS APPENDIX F OR COUNTY OF SAN DIEGO LOW IMPACT DEVELOPMENT HANDBOOK APPENDIX G. BIORETENTION SOIL SPECIFICATION 2.— UNDERDRAINS ARE MADE OF SLOTTED PVC PIPE CONFORMING TO ASTM D 3034 TC // PER PLAN AGGREGATE ASTM 33 AGGREGATE ASTM No. 8 AGGREGATE CLASS 2 CALTRANS 68-1.025