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HomeMy WebLinkAboutPD 2024-0012; San Marcos Unified School District; 2025-0038238; Permanent Stormwater AgreementRECORDING REQUESTED BY: City of Carlsbad Development Se rvices Department WHEN RECORDED MAIL TO : City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2025-0038238 111111111111 lllll lllll 111111111111111111111111111111 IIIII IIIII IIII IIII Feb 14, 2025 10:18 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0 00) SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 222-011-15-00; 222-011-11-00 PROJECT ID. PD 2024-0012 PAGES: 10 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: _F_e_b_ru_a_r~y_l_l~, 2_0_2 _________________ _ OWNER NAME: San Marcos Unified School District PROJECT NAME: Carrillo Elementary School Playfield Repair RESOLUTION NUMBER: N/A -~------------------------- CONDIT 1O N NUMBER: N/A --------------------------- DRAWING NUMBER: DWG 548-4A 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. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Q:\CED\Admin\B&AIPROJECTSIPD 2024-0012; GR2024-0014 -Carrillo Elementary School Playfield Repair_D.RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc Department, Storm Water Standards Manual, 2004 Edition, hereinafter referred to as "storm water regulations" and incorporated herein by this reference: and WHER EAS the Owner is required to comply with all Federal, State and Local storm water regulations by employing permanent post-construction Best Management Practices (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 WHER EAS, the City and the Owner, its successors and assignees agree that the health safety, and welfare of the res idents 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 ass igns, including any homeowner or property owner association; and WH EREAS, 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 "Storm Water BM P Plan" and incorporated herein by this reference; and, WHER EAS, 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, t he mutual covenants contained herein, and the following terms and conditions, Owner and City agree as follows : Q:\CED\Admin\B&A\PROJECTS\PD 2024-001 2; GR2024-001 4 -Carrillo Elementary School Playfield Repair_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 accorda nce 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 req uire, 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 a 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 sha ll 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 pu rpose 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. Q:\CED\Admin\B&A\PROJECTS\PD 2024-0012; GR2024-0014 -Carrillo Elementary School Playfield Repair_D.R\PERMANENT 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 ma intain, or repair said facilit ies, 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, an d 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 paid 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 an d 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. Q:ICED\Admin\B&AIPROJECTS\PD 2024-0012; GR2024-0014 • Carrillo Elementary School Playfield Repair_D.RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 4 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BM P's (waste) will be disposed of according to all federal, state, and local regulations. 12. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service) or by facsimile transmission with back- up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt re quested, postage prepaid, addressed as shown below. Notices requ ired to be given to Owner shall be addressed as follows: Notices to the Owner shall be delivered to the following : Na me: San Marcos Unified School District Address: 2875 Poinsettia Lane Address: Carlsbad, CA 92009 Telephone No.: 760-290-2650 E-mail Address: tova .corman@smusd.org Notices to City sha ll be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad,CA 92008 Attention: City Engineer Te lephone No.: (442) 339-2750 Each party shall notify the other immediately of any changes of ownership or add ress that would require any notice delivered hereunder to be directed to another Owner and/or to another address. In the event Owner fa ils to notify City of any change of ownership, the new Owner and the Owner whose name appears above, or whose name and address has been subsequently provided to the City pursuant to this provision, sh all jointly be responsible for the operation and maintenance of any permanent post- construction BMP's on the Property and for any required annual verification statements until such time as the City is provided notification of the name and address of the new or subsequent Owner, pursuant to the provisions of this section. Q:ICED\Admin\B&AIPROJECTSIPD 2024-0012; GR2024-0014 -Carrillo Elementary School Playfield Repair_D.RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 5 13. The City or any officer or employee thereof shall not be liable for any injury to persons or property occa sioned 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 claims, 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 harmless shall extend to injuries to person and damages or taking of property resulting from the design or construction of said pe rmanent BMP(s) as provided herein, and to adjacent property owner as a consequence of the diversion of waters from the des ign, 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 shall 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 Ill Q:ICEO\Admin\B&AIPROJECTSIPO 2024-0012; GR2024-0014 -Carrillo Elementary School Playfield Repair_O.RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 6 IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carlsbad Municipal Code authorizing such execution, and by Owner. OWNER(S): SAN MARCOS UNIFIED SCHOOL DISTRICT By: c.,-~ here) Erin Garcia (print name here) Assistant Superintendent Business Services San Marcos Unified School District (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of Californi (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: ~~ CIV D 1£ Hl/V1affo Kl City Attorney Q:ICEO\Admin\B&AIPROJECTS\PD 2024-0012; GR2024-0014 -Carrillo Elementary School Playfield Repair_D.RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 rnnr••••rrrnlU'XMMXMMIOJIJC ..,, ................................ ".. AilWAHA&AW.J.&J A notary public or otl1erofficer completing tl1iscertificate verifies only the identity of the individual who signed tl1edocument to which this certificate is attacl1ed, and not the truthfulness, accuracy, or validity of that document. State of Cal~~nla _ _ _ _ } County of~~ _ On Sq>n01&dl-h1,2PZ--± before me. 1J\J£ y\V\ f?D-:J Y\I2k:l N C111:t2-\.l PveuC., Date Here Ins-;;/ Name anJ Title of t~cer personally appeared \:,/~,1.~~__Ll_~------_________ _ l)-• .---Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/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. ········1 SUSAN BOYNTON Notary Publlc • Callforniil : San Di~o County ~ Commission # 2429H1 y Comm. Expires D~c H , 2026 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is tr nd correct. OPTIONAL ----------------~ Completing this information can deter alteration of the document or fmudu!ent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: ___ _ Document Date: ____________ _ _ __ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer - Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conse rvator □ Trustee □ Guardian or Conservator □ Oth er: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2019 National Notary Association Page 8 of 8 01/25/13 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 SAN DIEGO On February 11, 2025 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared Jason S. Geldert ----------------------------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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. eooeooeof AMBER DAN Notary Public • Cilifornia z San Diego County ! Commission ii 2-466336, Signature cdnt~ / v. (Ol'l;('(J, Expir.e-, Clit•~'1 ;ii2027'1 , • i l Y1 (Seal) EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: That portion of Pa rcel 2 of Certificate of Compliance Document No. 94-0497667 and Parcel 3 of Certificate of Compliance, Document No. 94-0497669 both in the City of Carlsbad, on file in the Office of the County Recorder of San Diego County, State of California, described as follows: Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the intersection of the two courses: North 85°50'40" East 92.05 feet, North 04°09'20" West 326.97 feet; thence North 04°09'20" West along said Southeasterly line 122.00 feet to the True Point of Beginning; thence South 50°32'05" West 230.39 feet; thence South 38°58'12" East 19.32 feet; thence South 55°32'56" West 143.45 feet; thence South 48°54'47" West 151.28 feet; thence South 44°27'17" West 104.02 feet; thence South 56°30'35" West 147.17 feet; thence North 74°13'36" West 146.41 feet; thence North 84°11'15" West 218.11 feet to the beginning of a tangent 140.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 56°28'45" a distance of 138.01 feet; thence South 39°20'00" West 236.54 feet thence; South 46°46'16" West 31.78 feet; thence South 60°10'20" West 58.15 feet to the beginning of a tangent 125.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 51 °48'28" a distance of 113.03 feet; thence North 68°01'12" West 41.08 feet to the beginning of a tangent 100.00 foot rad ius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 35°36'36" a distance of 62.15 feet; thence South 76°22'12" West 45.13 feet; thence North 87°28'01" West 41.18 feet; thence North 18°34'56" West 95.67 feet; thence North 72°43'50" East 84.30 feet to the beginning of a tangent 1451.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 30°05'48" a distance of 762.19 feet to the beginning of a reverse 20.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 21 °12'16" a distance of 7.40 feet to the beginning of reverse 30.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 33°23'30" a distance of 17.48 feet to the beginning of a reverse 170.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 10°03'18" a distance of 29.83 feet to the beginning of a reverse 1451.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 07°43'04" a distance of 195.45 feet; thence North 32°47'02" East 240.48 feet to the beginning of a tangent 2149.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 00°54'11" a distance of 33.87 feet; thence North 33°41'13" East 280.45 feet to the beginning of a tangent 25.00 foot radius curve concave Southerly; thence Northeasterly along the arc of said curve through a central angle of 91 °53'02" a distance of 40.09 feet; thence South 46°49'56" East 31.87 feet; thence South 53°32'41" East 8.86 feet; thence South 59°31'58" East 35.19 feet to the beginning of a non-tangent 2337.00 foot radius curve concave Southwesterly; to which a radial line bears North 37°25'20" East; thence Southeasterly along the arc of said curve through a central angle of 13°37'27" a distance of 555.71 feet; thence South 50°32'05" West 59.84 feet to the True Point of Beginning. APN : 222-011-11-00 and 222-011-15-00