HomeMy WebLinkAboutMS-04-17; Tamarack Park LLC; 2008-0071206; Permanent Stormwater AgreementDGC# 2008-0071206
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
FEB12, 2008 9:56 AM
OFFICIAL RECORDS
L..-N DIEGO COUNT",'1 RECORDER'S OFFICE
GREGORY J. SMITH COUNTY RECORDER
TEES: 0,00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 2fJ3-102-16
PROJECT NO. MS 04.! 7
PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE
AGREEMENT
DATE OF AGREEMENT:2,Z. O O
OWNER NAME: Tamarack Park LLC, a California limited liability company
PROJECT NAME: Madison Square
RESOLUTION NUMBER: Aw/^ $v£ptvift»*>L£-7T£/z.fiPa\L
CONDITION NUMBER: 12
DRAWING NUMBER: DWG 451-1 A
STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: 070028
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:
Tamarack Park LLC, a California limited
liability company
By: Bruce B. Baker, a sole managing member
(Name of Owner)
By.
(sign here)
Bruce B. Baker
(print name here)
Sole Managing Member
CITY OF CARLSBAD, a municipal corporation of
the State of California
ROBERT T. JOHNSON, JR., P.E.
City Engineer
David A. Hauser, Deputy City Engineer
RCE 33081 Exp. 06/30/2008
(title and organization of signatory)
By:
(sign here)
(print name here)
(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:
Deputy City Attorne
6 OF 6 Rev 08/09/2007
ACKNOWLEDGMENT
State of California
County of San Diego
On before me, D. K. Howard -Notary Public, personally appeared
} 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 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.
i^Notary Public
OPTIONAL INFORMATION
Description of attached document:
Title or Type of Document: •f£/wt4/wl'''"
(>. K. Itoffci) ICOMM. #1765753 z
Notary Public • California g
San Diego County •*
My Comrn. Expires Oct. 3,2011 |
(Seal)
i
Document Date:Number of Pages:
Signers other than named above: _
Capacity(ies) claimed by signer:
Signer's Name:Top of thumb here:
Signer is representing:
a Individual
a Corporate Officer - Title(s):
n Partner a Limited a General
n Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other info:
EXHIBIT 'A'
LE15AL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
All THAT PORTION OF LOT 37 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1722, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY ONE OF SAID LOT WHICH IS NORTH 55
DEGREES 27 EAST 170 FEET FROM THE MOST WESTERLY CORNER OF SATO LOT; THENCE
SOUTH 34 DEGREES 33' EAST ALONG A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF
SAID LOT, 50 FEET; THENCE NORTH 55 DEGREES 27' EAST ALONG A LINE PARALLEL WITH THE
SAID NORTHWESTERLY ONE OF SAID LOT, 203.24 FEET TO THE NORTHEASTERLY LINE OF
SAID LOT; THENCE NORTH 34 DEGREES 33' WEST ALONG SAID NORTHEASTERLY LINE, 50
FEET TO THE MOST NORTHERLY CORNER OF SAID LOT; THENCE SOUTH 55 DEGREES 27
WEST ALONG THE NORTHWESTERLY LINE OF SATO LOT, 203.24 FEET TO THE POINT OF
BEGINNING.
APN: 203-102-16-00
First American Title1 OF1 Rev 08/09/2007
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
Date
personally appeared
£>t€Q0
before me.
}
Here Insert Name and Title of the Officei
Nameisl of Signer(s)
•Off 8. FONSfCA
ConwniMton # 1773829 _
Notary Public - California i
San Otogo County
p'ace Notary Sea' Above
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 PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my/J^and and officiaj seal.
Signature
OPTIONAL -
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
_ Number of Pages: ___7
Corporate Officer — Title(s): _
Partner — Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other: _____
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner— '. Limited .. General
Attorney in Fact
... Trustee
.. Guardian or Conservator
Other:
RIGHT THUMBPRINT
OF SIGNER [
Signer Is Representing: |Signer Is Representing: