HomeMy WebLinkAboutCT 14-09; Shea Homes Limited Partnership; 2017-0458647; Permanent Stormwater AgreementRECORDING REQUESTED BY:
DOC# 2017-045864 7
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City of Carlsbad
Development Services Department
Oct 04, 2017 02:42 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr,
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SAN DIEGO COUNTY RECORDER
FEES $42.00
PAGES 10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. Parcel B: Lot 30:
213-262-07-00
PROJECT ID. CT 14-09
PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE
AGREEMENT
DATE oF AGREEMENT: ~ rP-km~y 2~ a.o(+
Shea Homes Limited Partnership, a California Limited
OWNER NAME: Partnership ---~------------------
PROJECT NAME: Uptown Bressi, Mass Grading
RESOLUTION NUMBER: PC Res. No.: 2017-018 ----------------------
CONDIT 1O N NUMBER: 53 ----------------------
DRAWING NUMBER: DWG 502-BA and DWG 502-8B
STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: SWMP 14-09
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 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
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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
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 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 a form as prescribed in the Storm Water BMP Plan or as may be
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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. 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.
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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).
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 Owners shall be delivered to the following:
Name:
Address:
Address:
Telephone No.:
Shea Homes Limited Partnership
9990 Mesa Rim Rd #200
San Diego, CA 92121
(858) 526-6554
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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 n_otice 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
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.
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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):
Shea Homes Limited Partnership, a California
Limited Partnership
(Name of Owner)
By:~~~
(sign heref°
Dennis Schroeder, Authorized Agent
(Print Name and Title)
By Q~\, =
{ign here)
Paul L. L. Barnes, Vice President
(Print Name and Title)
APPROVED AS TO FORM:
CELIA BREWER Cityf)~fu
By(jN~~
Assistant City Attorney
City of Carlsbad
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CITY OF CARLSBAD, a municipal
corporation of the State of California
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
_y_~tdity of that documE;rit._
State of California
County of San Diego
on September 15, 2017 before me, Patty Rivas, Notary Public
(insert name and title of the officer)
personally appeared Paul L.L. Barnes and Dennis Schroeder
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) >Giare
subscribed to the within instrument and acknowledged to me that >m{$:Ae/they executed the same in
~/their authorized capacity(ies), and that by 1-l~/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.
\
• I \_ I: . . ) 1 I (/4 t·/ !~~) .
Signature,~~ W~ (Seal)
~-.... PATTYRrilAS """l ~ .. ···---·-. . . 2130542 ° ~ , . . · Com1111SS1011 No. z i . . NOTARY PUBLIC -CALIFORNIA ~
u SAN DIEGO COUNTY i L · ComfnisaiOn e~a ~ember 13, 201~J
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
TENTATIVE PARCEL MAP/TRACT NO. (UPTOWN BRESSI), BEING A DIVISION OF THE FOLLOWING:
PARCEL B:
LOT 30 OF CARLSBAD TRACT CT 02-15, BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005.
APN: 213-262-07-00
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 which this certificate is attached, and not the truthfulness. accuracy. or validity of that document.
State of California c:· D . County of ...:::'A:l\i ?;,&70
On SeQ+e~r 1·%e~Pn{:-¥-DX41)/1Cc Jpf}c;-~, A/oT#?7' J?i,JJl'C
oate Here Insert Name and Title of the Officer
personally appeared --~J_A_c_::=:t.J_·-·_.Q~_~S~_~G=&_._r::_·,.._(-D~~~· f22t~~--------
Name(s) of Signer(s)
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. ~·jf=~n ~f~~;~~;:·~t~a~,:a~~~ ?:,;~:J,~~~::·;:~~~~;:
o.. .. NOTARY PUBLIC • CALIFORNIA ;g is true and correct. ~ -. SAN DIEGO COUNlY l ~ · Commission Expires April 20. 2019 j WITNESS my hand and official seal.
~ ............................................................................................ .
.\) ~ ' ~/] Signature_t:::: ___ ~~---~~-/_'--1:_· __ _
Place Notary Seal Above
---------------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: ____________ _
D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _
D Partner -D Limited D General D Partner -D Limited D General
D Individual D Attorney in Fact D Individual D Attorney in Fact
D Trustee D GL1ardian or Conservator D Trustee D Guardian or Conservator
D Other: ______________ _ D Other:
Signer Is Representing: _________ _ Signer Is Representing: ________ _
v)2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
- 6 -City Atty Approved 01/25/13