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HomeMy WebLinkAbout2018 CON Private Storm Water Agreement - APN 560-391-12 and 559-124-08 - Paradise Creek Housing PartnersRECORDING REQUESTED BY OLD REPUBLIC TITLE COMPANY Escrow No.: 1117017823 APN: 560-391-12 & 559-124-08 WHEN RECORDED MAIL TO City Clerk, City of National City 1243 National City Blvd. National City, CA 91950 DOC# 2018-0297410 11 11I 1 I111 I111101111 11 1111 111 I11111111111 1111 Jul 20, 2018 03:40 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $41.00 (SB2 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE Private Storm Water Best Management Practices (BMPs) Maintenance Agreement 1 ❑ Exempt from fee per GC27388.1; document recorded in connection with a concurrent transfer subject to the imposition of documentary transfer tax 2 ❑ Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to an owner - occupier 3 ❑ Exempt from fee per GC27388.1; document recorded in connection with a concurrent transfer that is a residential dwelling to an owner -occupier 4 ❑ Exempt from fee per GC27388.1; fee cap of $225 reached 5 ❑ Exempt from fee per GC27388.1; document is subject to the imposition of documentary transfer tax 6 ❑ Exempt from fee per GC27388.1; document recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number 7 ❑ Exempt from fee per GC27388.1; document recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner - occupier was recorded on (date) as document number(s) 8 El Exempt from fee per GC27388.1; maximum fees have been paid on documents in the transaction(s) recorded previously on (date) as document number(s) 9 ❑ Exempt from fee under GC27388.1 for the following reasons: 11 ® Exempt from fee per GC 27388; document is executed or recorded by the state or any county, municipality, or other political subdivision of the state JM/jb RECORDING REQUESTED BY OLD REPUBLIC TITLE COMPANY Escrow No.: 1117017823 APN: 560-391-12 & 559-124-08 WHEN RECORDED MAIL TO City Clerk, City of National City 1243 National City Blvd. National City, CA 91950 This document has been electronically recorded. See the attached cover page for recording information. SPACE ABOVE THIS LINE FOR RECORDER'S USE Private Storm Water Best Management Practices (BMPs) Maintenance Agreement 1 ❑ Exempt from fee per GC27388.1; document recorded in connection with a concurrent transfer subject to the imposition of documentary transfer tax 2 ❑ Exempt from fee per GC27388.1; document transfers real property that is a residential dwelling to an owner - occupier 3 ❑ Exempt from fee per GC27388.1; document recorded in connection with a concurrent transfer that is a residential dwelling to an owner -occupier 4 ❑ Exempt from fee per GC27388.1; fee cap of $225 reached 5 n Exempt from fee per GC27388.1; document is subject to the imposition of documentary transfer tax 6 ❑ Exempt from fee per GC27388.1; document recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on (date) as document number 7 ❑ Exempt from fee per GC27388.1; document recorded in connection with a transfer of real property that is a residential dwelling to an owner -occupier. The recorded document transferring the dwelling to the owner - occupier was recorded on (date) as document number(s) 8 ❑ Exempt from fee per GC27388.1; maximum fees have been paid on documents in the transaction(s) recorded previously on (date) as document number(s) 9 ❑ Exempt from fee under GC27388.1 for the following reasons: 11 ® Exempt from fee per GC 27388; document is executed or recorded by the state or any county, municipality, or other political subdivision of the state JM/jb 11 i -70 7-8";eW-, Recorded at the Request of Old Republic Title Company Oakland Recording Requested By: City Engineer When Recorded Mail to: City Clerk City of National City 1243 National City Blvd. National City, CA 91950 This document has been electronically recorded. See the attached cover page for recording information. ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs) MAINTENANCE AGREEMENT Assessor's Parcel No.: 560-391-12 & 559-124-08 Project No.: 10955-D thru 10970-D 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 Paradise Creek Housing Partners, L.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 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 THIS DOCUMENT IS BEING RECORDED BY OLD REPUBLIC TITLE COMPANY AS AN ACCOMODATION ONLY. NO EXAMINATION HAS BEEN MADE AS TO ITS CONTENTS OR AFFECT ON TITLE. 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) 10955-D thru 10970-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. 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. 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 19th day of July, 2018. Owner: Paradise Creek Housing Partners, L.P., A California Limited Partnership By: Related/Paradise Creek Development Co., LLC A California limited liability company, Its Administrative General Partner 1—A...6(.4"..4 ,CskLr+al-- Frank Cardone, Vice President ACKNOWLEDGMENT 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 Orange On July 19, 2018, before me, Gail P. Fee, Notary Public, personally appeared Frank Cardone, 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. WITNESS my hand and official seal. Signat re GAIL P. FEE 010Commission # 20935Q1 z " '�, r Notary Public - California D z �'' Orange County Comm. Exelres Jan 10 _2019 C (Seal) EXHIBIT "A" EJECT TITLE SITE MAP — APN 560-391-12 AND APN 559-124-08 C&V CONSULTING, INC. CWIL ENGINEERNO LAID NANNING AND SURVEYING REFERENCE DATE 07/19/18 SHEET NO. 1 or 1 27156 BURBANK FOOTHILL RANCH, CALIFORNIA 92)510 PHONE (949) 916-3800 FAX (949) 916-3805 J.N. SCALE 1 "=120' Exhibit "B" Operation & Maintenance ("O&M") Plan The Property Management Company shall be responsible for the following maintenance program which will include the following key components: 1. Regular Inspections: Inspect periodically and after storms to ensure structural integrity and that planter has not clogged. 2. Visual Inspections: Note all differences in the vegetation, mulch, and drainage system. Displaced soil or mulch could indicate the planter is over -run with run-off and the soil is being carried out of the planter. 3. Maintaining And Cleaning The Planter: a. Remove trash and debris from bio-retention area and outlets weekly or as needed. b. Repair erosion as necessary, and coordinate the addition of appropriate vegetation to mitigate erosion. c. Remove sediment at the surface of the bio-retention area when infiltration appears to be reduced. If sediment loading is severe, the planting mix layer should be replaced with new material. d. Vegetation management should be performed on a weekly basis. e. Mulch should be replaced every 2-3 years and as needed to cover eroded or void areas. f. Sub -drain piping should be flushed every six months, utilizing cleanouts. g. E-watering should be performed as -needed based on the failure of the bio- retention area to drain within 48 hours of a storm event. Sub -drain piping should be flushed at this time. 4. Maintenance Log: Keep a log of all inspections and maintenance performed on the Flow Through Planters. Keep this log on -site. 5. Annual Best Management Practices ("BMPs") O&M Verification Verify annually that the O&M Plan is being implemented by submitting self -certification statement to the City. The verification will include a record of inspection of the BMPs prior to the rainy season (October 1st of each year). ORDER NO. : 1117017823 EXHIBIT A The land referred to is situated in the County of San Diego, City of National City, State of California, and is described as follows: PARCEL ONE: Portions of Blocks 107, 86, 85 and 108, according to Map thereof No. 348, filed in the Office of the County Recorder of San Diego County, October 2, 1882, together with a portion of 215t Street Vacated and Coolidge Avenue Vacated, described as follows: Beginning at the southwest corner of Block 107 as shown on the above referenced map, said point also being a point in the northerly right of way line of 22nd Street, having a half right of way width of 40.00 feet; thence easterly along said line north 72° 16' 45" east 543.65 feet to a tangent curve, said curve concave northwest having a radius of 20.00 feet; thence along said curve through a central angle of 77° 55' 20" an arc length of 27.20 feet to a compound curve, said curve concave west with a radius of 760.00 feet and a radial south 84° 21' 25" west; thence along said curve through a central angle of 12° 04' 44" an arc distance of 160.22 feet to a point in the westerly right of way of Hoover Avenue with a half width of 40.00 feet; thence northerly along said right of way north 17° 45' 42" west 61.65 feet to point "A"; thence leaving said right of way south 72° 12' 08" west 182.86 feet; thence north 17° 43' 08" west 352.88 feet to point "B"; thence south 19° 34' 38" west 154.26 feet; thence south 20° 46' 08" west 110.52 feet; thence south 19° 47' 31" west 362.52 feet to a point in the easterly right of way of Harding Avenue having a half width of 40.00 feet; thence southerly along said right of way south 17° 48' 28" east 74.46 feet to the point of beginning. Being Parcel 1 in the Certificate of Compliance recorded August 20, 2013, Instrument 2013- 521150, of Official Records. APN: 560-391-12 & 559-124-08 PARCEL TWO: A portion of Hoover Avenue (formerly 2nd Ave) and portion Lots 13 through 21, inclusive, lying within Block 86, according to Map thereof No. 348, filed in the County of San Diego, October 2, 1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document no. 2014-250448, being only that portion of the following described parcel that is adjacent to Parcel One above (Parcel 1 Certificate of Compliance, 2013-521150), and more particularly described as follows: Beginning at the centerline intersection of 21st Street and Hoover Avenue; thence south 72° 14' 18" west, 25.21 feet; thence south 17° 45' 42" east, 53.90 feet to the true point of beginning; thence continuing south 17° 45' 42" east, 209.47 feet to a concave curve westerly with a radius of 27.00 feet; thence along said curve through a central angle of 90° 02' 26" an arc distance of 42.43 feet; thence leaving said curve south 72° 16' 45" west, 24.27 feet to a non tangent curve concave westerly with a radius of 20.00 feet; thence along said curve through a central angle of 77° 55' 20" an arc distance of 27.20 feet to a tangent compound curve concave westerly with a radius of 760.00 feet; thence along said curve through a central angle of 12° 04' 44" an arc distance of 160.22 feet; thence leaving said curve north 17° 47' 56" west 61.65 feet along the westerly right of way of Hoover Avenue having a half right of way width of 40.00 feet; thence leaving said right of way north 72° 12' 08" east, 14.79 feet to the true point of beginning. PARCEL THREE: A portion of Harding Avenue (formerly 4th Ave) adjacent to Lots 7 through 10, inclusive, Block 107, according to Map thereof No. 348, filed in the County of San Diego, October 2, 1882, as vacated in the Resolution Authorizing an Order of Vacation recorded June 17, 2014, document no. 2014-250448, and more particularly described as follows: Beginning at the centerline intersection of Harding Avenue and 22nd Street; thence northerly along the centerline of Harding Avenue north 17° 48' 28" west, 40.00 feet to a point in the northerly right of way of 22nd Street; thence easterly along said right of way 1.00 feet to the true point of beginning; thence continuing along said right of way, 39.00 feet to a point of intersection of the easterly right of way of Harding Avenue, having a half right of way width of 40.00 feet and the northerly right of way of 22nd Street, having a half right of way width of 40.00 feet; thence northerly along the easterly right of way of Harding Avenue, north 17° 48' 28" west, 74.46 feet; thence leaving said right of way south 20° 04' 26" west, 63.51 feet; thence south 17° 48' 28" east, 24.27 feet to the true point of beginning.