The URL can be used to link to this page

Home My WebLink AboutCT 05-13; Western Pacific Housing Inc; 2007-0789134; Permanent Stormwater AgreementDOC# 2007-0789134 RECORDING REQUESTED BY: City of Carlsbad Development Services Department WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DEC 24, 2007 10:51 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R £ G 0 R Y J. S MIT H. CO LI N TY Fl E r.O R D E R FEES: 34.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.223-72C 03-00 PROJECT NO. CT05.13 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT:101 OWNER NAME: Western Pacific Housing, Inc., a Delaware Corporation PROJECT NAME: La Costa Ridge Neighborhood 2.6 RESOLUTION NUMBER: N/A CONDITION NUMBER: N/A DRAWING NUMBER: DWG 448-3A STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: SWMP 07-22 10 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 named on the current Deed of Trust as referenced above, hereinafter referred to as "Owner". 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. 2001-01/NPDES NO. CAS0108758, as promulgated within the City 1 OF 6 Rev 08/09/2007 of Carlsbad Public Works Department, Standard Urban Storm Water Mitigation Plan-Storm Water Standards, 2003 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 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 WHEREAS, the City and the Owner, its successors and assigns 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 "Storm 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 owners association, in perpetuity, and 2 OF 6 Rev 08/09/2007 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 agrees as follows: 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 all pipes and channels built to convey storm water to the facility, as well as all 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 a form as proscribed in the Storm Water BMP Plan or as may be proscribed 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. 3 OF 6 Rev 08/09/2007 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. 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 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 4 OF 6 Rev 08/09/2007 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. 11. Owner agrees that all residual material that is a byproduct of the proper operation and maintenance of permanent post-construction BMP's (waste) will be disposed of according to all federal, state and local regulations. 12. 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 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 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. 13. This Agreement shall be recorded against the Property and shall constitute a covenant running with the land and shall be binding upon Owner, its successors and assigns, including any homeowner or property owner association. 14. 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. 5 OF 6 Rev 08/09/2007 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. APPLICANT: Western Pacific Housing, Inc., a Delaware Corporation (Name of Owner) ^5^5?gar"^—5Sr- (sign here) David Steam (print name here) Vice President (title and organization of signatory) By:H£(sigisign here) (print name here) CITY OF CARLSBAD, a municipal corporation of the State of California ROBERT T. JOHNSON, JR., P.E. City Engineer By: __... David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (title and organization of signatory) (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. eputy City Att rrt{> 6 OF 6 Rev 08/09/2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <^<^<?C^-<^^£c<>&<x^A^^ ! ! 1 II 1 1 iI %iI 1I; State of California Countvof ^A/V DifcfrO On Ocf fo, Z00t before Date personally appeared Pn \J 1 0 ( s&Ktt*. WMBHJLY N. MOUNA ff^3± Commission # 1632263 j DKSvB Notwy ruble - ColMomla vfi^Sv Son Otago County < ^•^MyOamm.fMplMiJanir.aoiC }ss. me.ttmbc/ly N Moli/uL Aioi^ M)/c. N^me and Title of Officer (e.g., "Jan£ Doe, Notary Publfc") *ttAW Name(s} of Signer(s) 3/personally known to me u proved to me on the basis of satisfactory f 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. WITNESS my hand and official seal. ^iJ£^AMA4 Signa*re d Notary Public r\n-rmiLi it i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Siqner(s) Other Than Named Above: Capacity(ies) Claimed by Signer Sianer's Name: D Individual D Corporate Officer — Title(s): LJ Partner — n Limited D General n Attorney-in-Fact D Trustee D Guardian or Conservator 3 Other: Signer Is Representing: Number of Paces: ^^^•^•^^^^•l^^l^^^l OF SIGNERTop of thumb here - v 9 \ I ^ I 1!1 r*1 1 EXHIBIT 'A' LOT 223 OF CITY OF CARLSBAD TRACT NO. 99-04-02, VILLAGES OF LA COSTA - LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14838, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 14, 2004 1 OF 1 Rev 08/09/2007 State of California ) County of San Diego ) /'2/12/07On /^fl^/U / before me, (Datd) '(Name, Titte of Officer) personally appeared <L)ut VIC* JiZ^U,&&< (Name[s] of Signer[s]) t D personally known to me -OR - (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 entity upon behalf of which the person(s) acted, executed the instrument. BOMI.FONSECA | WITNESS my hand and official seal ffe4fil n^fSj^l^^ * Son Ot^o County | (This area for Signature of Notary official notary seal) Title or Type of Document Permanent Stormwater Quality BMP Maintenance Agreement Date of Document 1 0/1 2- fa? No of Pages 7 Signer(s) other than named above \>>e>te/^ P<*c.,-f,j GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Kimberlv N. Molina Commission Number: 1632263 Date Commission Expires: January 17. 2010 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature: Ctl^-—S- ^-\ , ^uu^L^. City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 12/18/07 Rec. Form #R10 (Rev.7/96)