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HomeMy WebLinkAboutSDP 00-06C; Daybreak Community Church of Coastal North County; 2015-0151237; Permanent Stormwater Agreement* DOC# 2015-0151237 RECORDING REQUESTED BY: lllllllllllllllllllllllllllllllllllllllllllllllllllllllllll City of Carlsbad 1 llllll Hill illll iilll llil lllill III" III"! "1" Mar 30, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., WHEN RECORDED MAIL TO: SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: FEES: $42.00 City Clerk City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-080-04 and 215-841-07 ASSESSOR'S PARCEL NO PROJECT ID, SDP 00-06C PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT OWNER NAME PROJECT NAME RESOLUTION NUMBER CONDITION NUMBER DRAWING NUMBER Daybreak Community Church of Coastal North County Daybreak Community Church PC Res No.: 7058, Dated 6/4/14 37 DWG 392-6D STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: 14-14 This Agreement is made and entered into by and between the City of Cadsbad, 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 particulady 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 WFILESOI V\Departments\CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-06C Daybreak Community Church, Phase 4 - Tecia (see CUP 00-06 C)\B & A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT (DWG 392-6D).doc 1 Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Cadsbad 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) pnor 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 Cadsbad, 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-060 Daybreak Community Church, Phase 4 - Tecia (see CUP 00-06 C)\B & A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT (DWG 392-6D).doc 2 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 proscribed in the Storm Water BMP Plan or as may be proscnbed 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. WFILESOI V\Departments\CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-06C Daybreak Community Church, Phase 4 - Tecia (see CUP 00-06 C)\B & A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT (DWG 392-6D),doc 3 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 appropnate. 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 penod, 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-06C Daybreak Community Church, Phase 4 - Tecia (see CUP 00-06 C)\B & A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT (DWG 392-6D).doc 4 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 othenwise 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: Daybreak Community Church of Coastal North County 6515 Ambrosia Lane Carisbad, CA 92011 Telephone No.: (760) 931-7773, ext 14 Notices to City shall be delivered to the following: City of Carisbad 1635 Faraday Avenue Carisbad, 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 WFILESOI V\Departments\CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-06C Daybreak Community Church, Phase 4 - Tecia (see CUP 00-06 C)\B & AVPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT (DWG 392-6D).doc 5 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. /// /// /// /// /// /// /// /// WFILESOI\ADepar1ments\CED\LandDev\PR0JECTS\SDP\SDP OOVSDP 00-06C Daybreak Community Church, Phase 4 - Tecia (see CUP 00-06 C)\B & A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT (DWG 392-6D).doc 6 IN WITNESS WHEREOF, this Agreement is executed by the City of Carisbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carisbad Municipal Code authorizing such execution, and by Owner. OWNER(S): Daybreak Community Churchgf Coastal North County, a California noj)^f)fCf\(re\\gioiis corporation I of Ownerl (sign here) Gary Webb (print name here) Vice President, Daybreak Community Church of Coastal North County rganization of signatory) (sign here) Bruce Moon (print name here) Corporate Secretary, Daybreak Community Church of Coastal North County (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT P E. Engineer (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: CELIA BREWER City Attorney By: N-KEMP Assistant City Attorney WFILESOI\ADepartments\CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-06C Daybreak Community Church, Phase 4 - Tecia (see CUP 00-06 C)\B & A\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT (DWG 392-6D) doc 7 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 ) County of ^^-:)0^<\ Y^ii?C|Q ) On ^/\arcV> p*^^-Qo/S^beforeme, "p^r^h NlS^/l, hl/OW^ Pbllolj/^. . Dafe Here Insert Name and Title of the Officer personally appeared Name(f/l of Signer^ who proved to me on the basis of satisfactory evidence to be the person^ whose r\a.me\^ is/^e subscribed to the within instrument and acknowledged to me that he/^/tp^y executed the same in his/h^th^r authorized capacity(ip«), and that bv his/lj^/tjjeflr signaturej(«) on the instrument the person(air, or the entity upon behalf of which the person{^ 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. FARAH NISAN Commitslon # 2088884 Notary Public •CaUfomia - San Dieoo County Coimw.^^f«t N0¥ 6.2018 WITNESS my hand and official seal. Signature. Signature of Notary Public 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: Number of Pages: Signer(s) Other Than Named Abovg; Capacity(ies) Claimed by Signer(s) Signer's Name: Document • Corporate Officer — Title(s): • Partner - • Limited • Gee • Individual • AttOjp»ef1n Fact • Trustee •jQtJardian or Conservator • Other: _ Signer Is Presenting: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual w/ho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 6(iri hff^n ) On ryigrcA n^^l^ before me, hldnC P hucl/ 4 Date personally appeared e ^1 Here Insert Name hhd Title of the Officer A/ofgry ?a,y Offi LC Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) J^/are subscribed to the within instrument and acknowledged to me that J<&/s3s$/they executed the same in f^/^/Xhe\r authorized capacity(ies), and that by t*fe/£«r/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 ""''iiiiiii OIANE R BUDINGER Commission # 1971749 Notary Public - California ]~ \^Bg^ San Diego County * My Comm. Expires Apr 7._2016 | 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 T)/^i.P '^{Xpl^^ Signature of Notary Pi lie 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: Number of Pages: Signer(s) Other Than Named Above: CapacityOes) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: . , Signer Is Representing: Signer's Name; • Corporate Officer — Tltle(s): • Partner — • Limited • Generai • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • vi/ww.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Page 9 of 9 01/25/13 Order Number: NCS-433204B-SF Page Number: 13 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: LOT 8 OF Cmr OF CARLSBAD TRACT NO. 92-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 23, 1997. EXCEFHNG THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WTTHIN OR UNDER THE PROPERTY, TOGETHER WFTH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECnONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL 2: EAST 1/2 OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. APN: 215-080-04-00 (Affects Parcel 2) 215-841-07-00 (Affects Parcel 1) First American Title Insurance Company