HomeMy WebLinkAboutCT 14-06; Presidio Pebble Creek Carlsbad 8 LLC; 2017-0054492; 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# 2017-0054492
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Feb 02, 2017 08:56AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $42.00
PAGES 10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT ID.
167-531-45-00
167-250-05-00
DEV 14053 I CT 14-06
PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE
AGREEMENT
DATE OF AGREEMENT: _:fa 1\UO ('/ d tf1 ;?_o t1-
Presidio Pebble 'creek Carlsbad 8, LLC, a Delaware limited
OWNER NAME: liability company
PROJECT NAME: Afton Way Subdivision
RESOLUTION NUMBER: 7122 ------------------------------------------------
CONDITION NUMBER: ___;:_37.;__ __________________ __
DRAWING NUMBER: DWG 495-9 and DWG 495-9A
STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: _S_W_M_P_1_6_-2_6 ____ _
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
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Order No. 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 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
NOW, THEREFORE, in consideration of the approval of this project, the foregoing
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promises, the mutual covenants contained herein, and the following terms and conditions,
Owner and City agree 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 assiyr.s, 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 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 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
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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 necessarv 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
legal remedies available to the City as a result of Owner's failure to maintain the permanent
BMP(s).
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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. 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 requested, postage
prepaid, addressed as shown below. Notices required to be given to Owner shall be addressed as
follows:
Notices to the Owner shall be delivered to the following:
Name
Address
Address:
Presidio Pebble Creek Carlsbad 8, LLC
301 W 281h St., Ste. A
Telephone No.:
National City, CA 91950
E-mail Address: (619) 938-0312
Notices to City shall be delivered to the following:
City of Carlsbad
1635 Faraday Avenue
Carlsbad,CA 92008
Attention: City Engineer
Telephone No.: (760) 602-2730
Facsimile No.: (760) 602-8562
Each party shall notify the other immediately of any changes of ownership or
address that would require any notice delivered hereunder to be directed to another Owner and/or
to another address. In the event Owner fails 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, shall jointly be responsible for the
operation and maintenance of any permanent post-construction BMP's on the Property and for any
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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.
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 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.
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
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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):
PRESIDIO PEBBLE CREEK CARLSBAD 8,
LLC, a Delaware limited liability company
By: Pebble Creek Companies, a California
corporation, Its Manager
(Name of Owner)
By ~ -;)_ (l_J_;
(s1gn here)
Gary L. Arnold
(print name here)
Operating Manager, Pebble Creek Companies
(title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
CITY OF CARLSBAD, a municipal corporation
of the State of California
(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 tr1e secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By~ RONKEMP
Assistant City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
-----------------------------
A notary public or other officer completing thts certificate verifies only the identtty of the individual 'Nilo signed the
document to which trds certificate is attached. and not the truthfulness. accuracy. or validity of that document.
State of California )
Cou~ty of _ __5_0. n V ,' tf t ) ' _ . . . _
On -J"nn LO 2_C/3 ____ before me. ____ tfj_u_• '!_(' Ac ;L-~j,~_!1__j!__lr1-4j._L __ ,
Date /" Here Insert Na'Je and Title of ~e Officer
personally appeared ( 7 c,; Y 1 . /J J_.l?_&_..i_'-!1___,__ __________ _
~me(s) of Signer(s)
who proved to me on the basis of satisfactor-y evidence to be the person(s) whose name(s) is/~
subscribed to the within instrument and acknowledged to me that he/s~/trmy executed the same in
his/h)i!i-ltl'\eir authorized capacity(ies), and that by his/h,e'r/tpr'eir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragmph
is true and correct.
WITNESS my hand and official seal.
-1-J' Jl,_ r/~_ Signature __ ---"-;-t--L-----~ ?_----<b-h,.L·-----
/ Signature of Notary Public
1/
---------------OPTIONAL---------------
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 f
Title or Type of Document: tJ'r')l1't /Jf'P I) Document Date:
Number of Pages: -.f---Signer(s) Other Than Named Above: ________________ _
Capacity(ies} Claimed by Sig. ner(s) • /
Signer's Name: __ _64___"'f__,L.___Lll112.£..4.._ Signer's Name: _______________ _
[I Corporate Officer-Titli(s): ____ ________ C Corporate Officer-Title(s): ____ _ __ _
D Partner -D Limited D General D Partner -0 Limited D General
LJ Individual D Attorney in Fact LJ Individual D Attorney in Fact
r:::J Trustee JJ Guardian or Conservator D Trustee D Guardian or Conservator
[\K)ther: __ ____Llli~j--fk--__ ll Other: __________________ _ ~z;~;_L2;;t;ry;_Z';7~c~t_~le_ ~igne~-ls Represent~lg:····--------___ _
'''2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
Page 8 of 8 01/25/13
Order Number: NHSC-5124662 (06)
Page Number: 10
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
THOSE PORTIONS OF LOTS 1 THRU 4 OF CARLSBAD TRACT NO. 83-20 ACCORDING TO MAP
THEREOF NO. 11578 TOGETHER WITH LOT 6 A PORTION OF LOT 5 AND A PORTION OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN ALL IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNHJG AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTHEASTERLY
ALONG THE NORTHEASTERLY BOUNDARY THEREOF SOUTH 49° 12' 54" EAST 91.33 FEET;
THENCE LEAVING SAID BOUNDARY SOUTH 40° 15' 51" WEST 106.47 FEET; THENCE SOUTH 28°
40' 29" WEST 109.48 FEET; TO THE SOUTHERLY BOUNDARY OF SAID LOT 2; THENCE NORTH
70° 19' 19" WEST 26.29 FEET TO A 182.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE 59.85 FEET THROUGH A CENTRAL ANGLE
OF 18° 50' 35" TO THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE NON-TANGENT TO
SAID CURVE SOUTH 32° 56' 14" WEST 20.20 FEET TO THE MOST NORTHERLY CORNER OF
SAID LOT 3 SAID CORNER BEING ALSO A POINT ON A NON-TANGENT 222.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH 37° 30' 45"
WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE BEING ALSO THE NORTHERLY
BOUNDARY OF SAID LOT 3 69.10 FEET THROUGH A CENTRAL ANGLE OF 17° 50' 04"; THENCE
SOUTH 70° 19' 19" EAST 26.29 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH
24° 47' 54" WEST 256.35 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF SAID
LOT 4; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 42° 43' 19" WEST 41.12 FEET;
THENCE NORTH 81° 58' 29" WEST 136.19 FEET TO THE MOST WESTERLY CORNER OF SAID
LOT 4; THENCE ALONG THE NORTHWESTERLY BOUNDARY THEREOF NORTH 32° 56' 14" EAST
22.29 FEET TO THE SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE WESTERLY
BOUNDARY THEREOF NORTH 1° 11' 15" EAST 604.98 FEET TO THE SOUTHEAST CORNER OF
THE SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE
SOUTHERLY LINE THEREOF NORTH 88° 39' 12" WEST 332.19 FEET TO THE EASTERLY LINE OF
THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER;
THENCE ALONG SAID EASTERLY LINE NORTH 1° 32' 57" EAST 100.00 FEET TO THE
NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE SOUTH 88° 39' 12" EAST
767.06 FEET TO THE SOUTHEASTERLY BOUf'mARY OF SAID LOT 5; THENCE ALONG SAID
SOUTHEASTERLY BOUNDARY AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH
32° 56' 14" WEST 232.10 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION GRANTED TO THE CITY OF CARLSBAD DESCRIBED AS EXHIBIT "A" ON
THE DEED RECORDED SEPTEMBER 23, 1986 AS INSTRUMENT NO. 86-420850, OF OFFICIAL
RECORDS.
TOGETHER WITH THAT PORTION OF AFTON WAY VACATED BY RESOLUTION NO 8916,
RECORDED JANUARY 131 1987 AS INSTRUMENT NO. 87-014272, OF OFFICIAL RECORDS.
APN: 167-531-45-00 and 167-250-06-00
First American Title
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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 ·.vhich this certificate is attached, and not the truthfulness. accuracy. or validity of that document.
State of Cayc>rnia )
County of :;;;;_/1:-M_D_L£/z(.J ) ..--;
o~fitM;/tLt aY; aoi:Tetoreme.l2ot-Co'\ne ~orJ~c;__Ry PU:ti'c
Date ...-.:--' Here Insert rvp.me and Title of the Officer
personally appeared _ 0 Qt;>Or) ____ 6 '_ __ {z!?_~tet::i=_ _______ _
Name(s) of Signer(s)
who p~oved 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.
Place Notary Seal Above
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.
Signature l2l\( Q XU
Signature of
----------------------------oPTIONAL----------------------------
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: _____________ Document Date: __________ _
Number of Pages: ____ Signer(s) Other Than Named Above: ________________ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: ______________ _ Signer's Name: _______________ _
0 Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s):
0 Partner -D Limited C General D Partner -C Limited D General
0 Individual 0 Attorney in Fact 0 Individual [] Attorney in Fact n Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator
0 Other: __________ _ 0 Other: _________ _ ____________ _
Signer Is Representing: ________ _ Signer Is Representing: _________ _
(Gl2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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