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Home My WebLink AboutCT 2022-0001; Carlsbad Village II LLC; 2024-0298158; Permanent Stormwater AgreementRECORDING REQUESTED BY : City of Carlsbad Development Services Department WHEN RECORDED MAIL TO : City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2024-0298158 I 11111111111111111111111111111111111111111111111111111111111111111 IIII Oct 30, 2024 10:12 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: 553.00 (SB2 Atkins: $0.00) PAGES: 14 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 203-320-02-00; 203-320-20-00; 203-320-41-00; 203-320-40-00; 203-320-48-00; 203-320-51-00 PROJECT ID. CT 2022-0001 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: October 29, 2024 -------------------------- OWNER NAME: Carlsbad Village II, LLC., a Delaware limited liability company PROJECT NAME: Hope Apartments RESOLUTION NUMBER: 7486 CONDITION NUMBER: 37 DRAWING NUMBER: DWG 546-4 and DWG 546-4A This Agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as "City"; and the Property Owner, its successors, and assigns, hereinafter referred to as "Owner". The term "successors and assigns" as used in this Agreement includes, but is not limited to, an "Association" as defined in Civil Code Section 1351(a) and commonly referred to as a property owners association. RECITALS WHEREAS Owner is proceeding to develop a property more particularly described in Exhibit A, hereinafter referred to as "the Property "; and WHEREAS, development of the Property has been approved by the City, and is subject to the requirements of the State of California Regional Water Quality Control Board-San Diego Region Order No. O:ICED\Admin\B&AIPROJECTSICT 2022-0001; ROW2023-0B51; GR2023-0044 • Hope Apartments_D,RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Storm Water Standards Manual, 2004 Edition, hereinafter referred to as "storm water regulations" and incorporated herein by this reference : and WHEREAS the Owner is required to comply with all Federal, State and Local storm water regulations by employing permanent post-construction Best Management Pra ctices (BMP's), hereinafter referred to as "permanent BMP(s)"to ensure impacts to storm water quality are mitigated to the Maximum Extent Practicable (MEP) prior to being discharged from the Property; and WHEREAS, the City and the Owner, its successors and assignees agree that the health safety, and welfare of the residents of Carlsbad, California, require that permanent BMP(s) be established, constructed, inspected, and operated and maintained in perpetuity on the Property; and WHEREAS the storm water regulations require that permanent BMP(s) be established, constructed, and adequately inspected, operated and maintained by the Owner, its successors and assigns, including any homeowner or property owner association; and WHEREAS, the Owner has caused to be prepared a Storm Water Management Plan (SWMP) report and drawing(s) which together detail the objectives, design, construction, inspection and operation and maintenance responsibility requirements of the permanent BMP(s) recommended to mitigate impacts to storm water quality due to the development of the Property, hereinafter collectively referred to as the '1Storm Water BMP Plan" and incorporated herein by this reference; and, WHEREAS, storm water regulations require that the City ensure the continued existence and inspection, operation, and maintenance of the permanent BMP(s); and WHEREAS, the City has required the recordation of this Agreement as a condition of approval of the project that secures the construction, inspection, operation and maintenance of on-site permanent BMP(s) by the Owner, its successors, and assigns, including any property owner's association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual covenants contained herein, and the following terms and conditions, Owner and City agree as follows: O:\CED\Admin\B&A\PROJECTS\CT 2022·0001: ROW202J-0851, GR2023·0044 -Hope Apartmenls_D.R\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc 2 1. Owner shall comply with all the requirements of said storm water regulations and any applicable amendments thereto, and with any other provisions of law. 2. The permanent BMP{s) shall be established and constructed by Owner, its successors, and assigns, in accordance with the plans and specifications identified in the Storm Water BMP Plan and modification to the approved permanent BMP{s) shall not be made without prior approval of the City Engineer. 3. Owner, its successors, and assigns, including any homeowner or property owner association, shall adequately, inspect, operate and maintain the permanent BMP(s). This includes private (non-public) pipes and channels built to convey storm water to the facility, as well as all private structures, improvements, and vegetation provided to control the quantity and quality of the storm water runoff and any associated practices and programs. Adequate maintenance is herein defined as good working condition so that the permanent BMP(s) are performing in accordance with their design objectives and functions. 4. Owner, its successors, and assigns, shall inspect applicable permanent BMP(s) as often as conditions require, or at frequencies recommended in the approved Storm Water BMP Plan, but in any event at least once each year prior to the rainy season. The purpose of the inspection is to assure continued safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Owner shall submit an inspection report annually to the City in <1 form as prescribed in the Storm Water BMP Plan or as may be prescribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, repairs or maintenance obligations shall be noted in a record form and immediately remedied by the Owner. 5. Owner shall maintain inspection, 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. 6. Owner, its successors, and assigns, hereby grant permission to the City, its authorized agents, and employees, to enter upon the Property and to inspect the permanent BMP(s) whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies to respond to State and Federal mandated storm water facility inspection requirements and/or to respond to citizen complaints. O:ICED\Admin\B&AIPROJECTSICT 2022-0001; ROW2023-0851, GR2023-0044 • Hope Apar1ments_D.RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 3 The City shall provide Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs or corrective measures if necessary. 7. In the event the Owner, its successors and assigns, fails to take corrective action to maintain the permanent BMP(s) in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors, and assigns . This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the easement for the permanent BMP(s), if an easement is provided, or outside the limits of the permanent BMP(s) facility footprint described on the Storm Water BMP Plan if an easement is not provided. It is expressly understood and agreed that the City is under no obligation to routinely maintain, or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 8. Owner, its successors, and assigns, will perform the work necessary to keep the permanent BMP(s) in good working order as appropriate. In the event a maintenance schedule for the permanent BMP(s) is outlined in the approved Storm Water BMP Plan, the schedule shall be followed. 9. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Owner, its successors, and assigns, shall reimburse the City upon demand, within thirty (30} days of receipt thereof for all actual costs incurred by the City hereunder. If not pa id within the prescribed time period, the City shall secure a lien against the Property in the amount of such costs . The actions described in this section are in addition to and not in lieu of any and all legal remedies available to the City as a result of Owner's failure to maintain the permanent BMP(s). 10. Owner agrees that the permanent BMP(s) are privately-owned, operated and maintained by the Owner and acceptance of the work by the City shall not constitute a responsibility of the City to maintain them nor a Waiver of Defects by City. O:\CED\Admln\B&AIPROJECTS\CT 2022-0001; ROW2023-0851, GR2023-0044 • Hope Apartments O.RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc - 4 13. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omission of Owner, its agents, or employees in the performance of this Agreement. Owner further agrees to protect and hold harmless City, its officials, and employees from any and all claims, demands, causes or action, liability, or loss of any sort because or arising out of acts or omissions of Owner, its agents or employees in the performance of this Agreement, including cla ims, demands, causes of action, liability, or loss because of or arising out of the design or construction of the permanent post-construction BMP facilities. Said indemnification and Agreement to hold ha rmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said permanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the diversion of waters from the design, construction or maintenance of drainage systems, streets, and other improvements. 14. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and sha ll be binding upon Owner. 15. Invalidation of any one of the provisions of this Agreement shall in no way effect any other provisions and all other provisions shall remain in full force and effect. Ill Ill Ill Ill Ill Ill Ill Ill Q;\CEO\Admln\B&AIPROJECTSICT 2022-0001; ROW2023·0851 : GR2023-0044 • Hope Apartments_O.R\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT doc 6 Page Number: 1 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: TENTATIVE TRACT NO. (CARLSBAD VILLAGE II), BEING A SUBDIVISION OF THE FOLLOWING: PARCEL 1: (APN: 203-320-02-00) THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117, WITH THE WESTERLY LINE OF TRACT NO. 119 OF SAID CARLSBAD LANDS AS SHOWN ON SAID MAP NO. 1661; THENCE SOUTH 55° 27' WEST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT NO. 117, A DISTANCE OF 1380.91 FEET TO A POINT; THENCE NORTH 34° 33' WEST, A DISTANCE OF 450.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO AUGUSTA ASMUS BY DEED RECORDED JULY 20, 1920 IN BOOK 824 PAGE 17 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 55° 27' WEST ALONG THE SOUTHEASTERLY LINE OF SAID LAND SO CONVEYED TO SAID ASMUS, A DISTANCE OF 56.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55° 27' WEST ALONG SAID SOUTHEASTERLY LINE OF SAID ASMUS LAND 56.25 FEET; THENCE SOUTH 34° 33' EAST 140 FEET; THENCE NORTH 55° 27' EAST, 56.25 FEET TO INTERSECTION WITH A LINE WHICH BEARS SOUTH 34° 33' EAST FROM THE POINT OF BEGINNING; THENCE NORTH 34° 33' WEST 140 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (APN: 203-320-20-00) ALL THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GRAND AVENUE WITH THE SOUTHWESTERLY BOUNDARY OF TRACT 117, AS SHOWN ON SAID MAP, SAID POINT BEING ALSO AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY, A CORPORATION TO AUGUSTA ASMUS, BY DEED DATED APRIL 13, 1920 AND RECORDED IN BOOK 824 PAGE 17 OF DEEDS; THENCE SOUTH 34° 33' EAST ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 117, DISTANCE OF 140 FEET; THENCE NORTH 55° 27' EAST 50 FEET; THENCE NORTH 34° 33' WEST 140 FEET TO INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LAND CONVEYED TO ASMUS ABOVE REFERRED TO; THENCE SOUTH 55° 27' WEST ALONG SAID LINE 50 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF TRACT 117 DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF THE CENTERLINE OF GRAND AVENUE WITH THE SOUTHWESTERLY BOUNDARY OF TRACT 117 AS SHOWN ON SAID MAP NO. 1161; THENCE SOUTH 34° 33' EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 34° 33' EAST 3.21 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 65° 22' 48" FEET, AN ARC DISTANCE OF 6.28 FEET; THENCE SOUTH 55° 27' WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING AS GRANTED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, BY DEED RECORDED MAY 23, 1967 AS FILE NO. 72888 OF OFFICIAL RECORDS. Page Number: 3 TH ENCE, LEAVING SAID POINT SOUTH 34°31'03" EAST A DISTANCE OF 209.99 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE, ALONG A TANGENT CURVE BEING CONCAVE WESTERLY HAVING A RADIUS OF 60.00 FEET, RUNNING SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.12 FEET, HAVING A CENTRAL ANGEL OF 45°00'00", TO THE BEGINNING OF A TANGENT LINE; THENCE, SOUTH 10°28'57" WEST A DISTANCE OF 137.60 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE, ALONG A TANGENT CURVE BEING CONCAVE EASTERLY HAVING A RADIUS OF 55.00 FEET, RUNNING SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.20 FEET, HAVING A CENTRAL ANGEL OF 45°00'00", TO THE BEGINNING OF A TANGENT LINE; THENCE, SOUTH 34°31'03" EAST A DISTANCE OF 61.92 FEET TO A POINT ON THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE, AS SHOWN ON THAT CERTAIN PARCEL MAP 21619, RECORDED SEPTEMBER 12, 2018, SAID POINT BEING DISTANCE THEREFROM SOUTH 55°26'50" WEST A DISTANCE OF 220.26 FEET FROM THE INTERSECTION OF THE EAST LINE OF PARCEL 'A' OF SAID PARCEL MAP AND THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE; THENCE, RUNNING WESTERLY ALONG THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE SOUTH 55°26'50" WEST A DISTANCE OF 35 .00 FEET TO A POINT; THENCE, LEAVING THE NORTHERLY LINE OF CARLSBAD VILLAGE DRIVE RUNNING ALONG THE WESTERLY LINE OF SAID PARCEL 'B' NORTH 34°31 '03" WEST A DISTANCE OF 310 .01 FEET TO AN ANGLE POINT; THENCE, SOUTH 55°34'59" WEST A DISTANCE OF 56.29 FEET TO AN ANGLE POINT; THENCE, NORTH 34°29'33'' WEST A DISTANCE OF 140.28 FEET TO A POINT ON THE CENTER LINE OF GRAND AVENUE, SAID POINT BEING DISTANCE THEREFROM NORTH 55°26'30" EAST A DISTANCE OF 131.55 FEET THE INTERSECTION OF THE CENTER LINE OF HOPE AVENUE AND GRAND AVENUE, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF SAID PARCEL 'B'; THENCE, RUNNING ALONG THE CENTER LINE OF GRAND AVENUE NORTH 55°26'30" EAST A DISTANCE OF 222.21 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6: A 24' WIDE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS AND INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN RECIPROCAL ROADWAY GRANT OF EASEMENT AND EASEMENT AGREEMENT RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384167 OF OFFICIAL RECORDS. PARCEL 7: AN EASEMENT FOR VEHICULAR PARKING AND RELATED INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619 IN THE CITY OF CARLSBAD, COUNTY OF SAN Page Number: 4 DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN PARKING EASEMENT AGREEMENT [11 PERMANENT PARKING SPACES] RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384168 OF OFFICIAL RECORDS. PARCEL 8: AN EASEMENT FOR VEHICULAR PARKING AND RELATED INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN PARKING EASEMENT AGREEMENT (4 SPACES) RECORDED SEPTEMBER 17, 2018 AS INSTRUMENT NO. 2018-0384405 OF OFFICIAL RECORDS. PARCEL 9: AN EASEMENT FOR THE PLACEMENT, OPERATION, ILLUMINATION AND USE OF EXISTING MONUMENT SIGNAGE FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN SIGN EASEMENT AGREEMENT RECORDED SEPTEMBER 17, 2018 AS INSTRUMENT NO. 2018-0384406 OF OFFICIAL RECORDS. PARCEL 10: AN EASEMENT FOR THE USE, REPAIR AND MAINTENANCE OF SANITARY SEWER PURPOSES FOR THE BENEITT OF PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT IS OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN UTILITY EASEMENT AGREEMENT (FOR BENEFIT OF MOTEL 6 JV OWNERS) [SANITARY SEWER] RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384169 OF OFFICIAL RECORDS. PARCEL 11 : AN EASEMENT FOR DRAINAGE, FOR THE BENEFIT OF PARCEL B OF PARCEL MAP NO. 21619 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID EASEMENT rs OVER A PORTION OF PARCEL A OF PARCEL MAP 21619 AND IS FULLY SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN DRAINAGE EASEMENT AGREEMENT (FOR THE BENEFIT OF MOTEL 6 JV OWNERS) RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384170 OF OFFICIAL RECORDS . Page Number: 5 APN: 203-320-02-00; 203-320-20-00; 203-320-40-00; 203-320-41-00; 203-320-48-00; 203-320-51 ·00 (referenced for informational purposes only)