HomeMy WebLinkAboutCT 06-13; Lennar Homes of California; 2014-0369883; Permanent Stormwater AgreementDOCtt 2014-0369883
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RECORDING REQUESTED BY:
City of Carlsbad
Development Services Department
WHEN RECORDED MAILTO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr
Carlsbad, CA. 92008
AUG 27, 2014 4.39 PM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES: 10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 212-050-21 & 212-050-33
PROJECTID. CT 06-13
PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE
AGREEMENT
DATE OF AGREEMENT:
OWNERNAME: Lennar Homes of California, Inc., a California corporation
PROJECT NAME: Tabata 10
RESOLUTION NUMBER: PC Res No.: 6605. Approval Date: 7/15/09
CONDITION NUMBER: 51
DRAWING NUMBER: DWG 472-7C
STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: SWMP 14-01
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 ofthe State of Califomia 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 ofthe 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 ofthe 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 ofthe permanent BMP(s); and
WHEREAS, the City has required the recordation ofthis 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
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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 ofthe
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.
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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 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 ofthe 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
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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
sen/ice) 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:
Lennar Homes of California, Inc.,
25 Enterprise, Ste. 300
Aliso Viejo, CA 92656
TelephoneNo.: (949) 349-8100
Facsimile No.: n/a
E-mail Address: n/a
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
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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 ofthe 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 ofthe design or construction ofthe 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 ofthe 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):
Lennar Homes of California, Inc., a California
corporation
(Mame of Owner)
(sign here)
^n Baayoun
name here)
Vice President, Lenny Homes of California
(title and orga/jfe§tiojf of signatory)
CITY OF CARLSBAD, a municipal corporation
of the State of California
By:
JASpN S. GELDERT, P.E.
City Engineer
(print name here)
Chief Operating Officer, Lennar Homes of
California
(title and organization of signatory)
(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
Financiai 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:.
R^N l^p"^
Assistant City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
THE PROPERTY
PR 14-32
PARCELS 1 AND 2 OF PARCEL MAP NO. 2481, IN THE CITY OF CARLSBAD, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OFTHE
COUNTY RECORDER OF SAN DIEGO COUNTY. MARCH 21,1974.
DOUGt^S B. STPfOUP P.L.S. 8563
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 1 OF 1
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of Sat^ /^i-<?gQ
On % I C>/ I'A before me, C ^CtrilA ^(^^In^t^^.^-7. . Hoh^lN fiibh(~ ,
(Here inseil name and titls'of the officer) '
personally appeared \^ClSct^ "S • CSTIcl^u-'f - '
who proved to me on the basis of satisfactory evidence to be the person(s^ whose namels) is/ate subscribed to
the within instrument and acknowledged to me that he/she/tbey executed the same in his/hef/tbeif authorized
capacity(i»g), and that by his/ber/tbeir 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 Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature ofNotary Public 7^ (Notary Seal)
CEQELIA FERMANOEZ
Conmiission # 199635S
Notary Pubtic - Califomia
San Diago County san Diago coumy *
MV Comm. Expires Oct 30.20181
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
f>^Ymar\et^y x-^^tniAiTLX^ ^.^^/.X,
(Title or description of attached document)
PilMP /h^yg^>e..f {\lk)(s W72-7^
(Titteoraescription of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
• Corporate Officer
•
•
•
•
(Title)
Partner(s)
Attomey-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate aclmowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
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document carefully for proper notarial wording and attach this form if required.
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signer(s) personally appeared before the notary public for acknowledgment.
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must also be the same date the acknowledgment is completed.
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corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of OCIfU^ \
Oni;.'!^ rP^^/y beforeme. ^(^'^A^jA^£tU«^'^
personally appeared P)aa-^r)iJn g^J 'l^^^^^^ff A^ff^-
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22 C
JOUE LANNON-BERRY
Commission # 1965722
Notary Public - California
Orange County
My Comm. Expires Jan 6, 2016
who proved to nne on the basis of satisfactory evidence to
be the person(s) whose name(s) |fe/are subscribed to the
within instrument and acknowledged to me that
he^!9herthey executed the same in Wa/her/their authorized
capacity(ies). and that by hl8*er/lheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, e)®cuted the instmment
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.
Place Notary SmI Above Signatures
OPTIONAL
Tiiough the inforniation btilow is not required bylaw, it may prove valuable to persons relj^ on fte document
and could prevent fraudulent removal and reattadiment of ttiis form to anottier document
Description of Attached Document
Title or Type of Document:
Document Date: . Number of Pages:.
Signer(s) OtherThan Named Above:
CapacityOes) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer —Title(s):
• Partner —• Limited • General
• Attorney in Fact
• Trustee
• Guardian or Consen/ator
• Other:,
RIGHT THUr.IBPRiriT
OF SIGrJEP
Top Ol thumb here
Signer Is Representing:.
Signer's Name:
• Individual
• Corporate Officer—Title(s):
• Partner— • Umited • General
• Attorney in Fact
• Trustee
• Guardian or Consen/ator
• Other:
Signer Is Representing:
HIGH I THUf.lBPfilNT
Cf SICtltR
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