HomeMy WebLinkAboutPD 08-06; Carlsbad Unified School District; 2010-0148673; Permanent Stormwater Agreementif
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
DOC# 2010-0148673
MAR 25, 2010 3:34 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER. COUNTY RECORDER
FEES: 0.00
PAGES: 11
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 205-140-16, 205-140-18,
205-140-19,205-140-20,
205-140-21,205-140-25,
PROJECT ID.
205-140-28, 205-140-30
PD 08-06
PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE
AGREEMENT
DATE OF AGREEMENT:
OWNER NAME: Carlsbad Unified School District
PROJECT NAME: Carlsbad High School Modernization
RESOLUTION NUMBER: N/A
CONDITION NUMBER: N/A
DWG 457-9, DWG 457-9A, DWG 457-9B, DWG 457-9C,
DRAWING NUMBER: DWG 457-9D, DWG 457-9E, DWG 457-9F,
STORM WATER MANAGEMENT PLAN (SWMP) NUMBER: SWMP 09-29
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, Carlsbad Unified School District, a political subdivision of the State of California, as
referenced above, 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.
2/12/09
Page 1 of 7
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 results in discharge to the City of Carlsbad
Municipal Separate Storm Sewer System, which 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, 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; 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 that secures the
construction, inspection, operation and maintenance of on-site permanent BMP(s) by the Owner, its
successors and assigns, 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, 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
proscribed by the City. Deficiencies shall be noted in the inspection report. Any deficiencies, repairs
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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 upon providing at least forty-eight (48) hours notice to owner, 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 reasonably acceptable to the City, the
City may upon providing at least forty-eight hours notice to owner, enter upon the Property and take
whatever steps reasonably necessary to correct deficiencies identified in the inspection report and
to charge the reasonable 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. 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 publicly-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:
Carlsbad Unified School District
6225 El Camino Real
Carlsbad, CA 92009
Attention: Superintendent
Telephone No.: (760) 331 5000
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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 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
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.
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Page 6 of 7
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.
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): CITY OF CARLSBAD, a municipal corporation
of the State of California
Carlsbad Unified School District
(Name of Owner)
(print name here)
Superintendent
ROBERT T. JOHNSON, JR., P.E.
City Engineer
By:_
David A. Hauser, Deputy City Engineer
RCE 33081 Exp. 06/30/2010
(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 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:
RONALD R. BALL
City Attorney
Bv:
Deputy City Attorney
2/12/09
Page 7 of 7
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
(Here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person^ whose namef^J is/a^ subscribed to
the within instrument and acknowledged to me that he/^kg/tMy executed the same in his/^ei/u^lr authorized
capacity^^i), and that by \\\s/mr/t^r signature(^on the instrument the person()4 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. ~ ~ ~ ^
WITNESS my hand and official seal.
ELLEN DURHAM
Cwnmiiston * 1823042
Notary Public • California
San Ditgo County
My Comm. Expirts Dec 14.2012
SJ2nature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
/.,**-.'(-c~'Z^r,tle or description of attached document)
(Additional information)
/*?
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
n
n
D
n
(Title)
Partner(s)
Attorney-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 acknowledgment form must be
properly completed and attached to that document. The only exception is if a
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
California (i.e. certifying the authorized capacity of the signer). Please check the
irefully for proper notarial wording and attach this form if required.&#&? &
State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
Print the namc(s) of document signer(s) who personally appear at the time of
notarization.
Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they^ is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
Signature of the notary public must match the signature on file with the office of
the county clerk.
•5* Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
* Indicate title or type of attached document, number of pages and date.
* Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO. CFO, Secretary).
Securely attach this document to the signed document
2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com
EXHIBIT A
LEGAL DESCRIPTION OF DISTRICT PROPERTY
TRACT 248 AND 249 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1681, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, ON
DECEMBER 9, 1915.
EXCEPTING THEREFROM THAT LAND DESCRIBED IN PARCEL "A" OF
CERTIFICATE OF COMPLIANCE RECORDED JULY 20, 2009 AS DOCUMENT
NUMBER 2009-0397884 OF OFFICIAL RECORDS.
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION
IS A PLAT CONTAINING 2 SHEETS LABELED "EXHIBIT B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR
UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL
LAND SURVEYORS' ACT.
SIGNATURE
DATE
yi^-A\
PAUL E. GOEBEL
\LO\O
EXHIBIT B
NOTE:
THIS PLAT DOES NOT REPRESENT A
FIELD SURVEY. BEARINGS AND
DISTANCES SHOWN HEREON ARE BASED
ON A CERTIFICATE OF COMPLIANCE NO.
09-03 IN CARLSBAD CA, RECORDED
JUL, 20. 2009 AS DOC. 2009-0397884
SEE
DETAIL
AT LEFT
HEREONT H U M
TRACT 248
LANDS
oo
N6r53'20"E
94.40*
PARCEL "A" OF CERTIFICATE OF
COMPLIANCE NO. AOJ 09-03 IN
CARLSBAD CA. RECORDED JUL.
20, 2009 AS DOC.
2009-0397884
NOT A PART
S28'06'40"E
24.07
S61'53'20"W 267.66'
POR. OF DEED TO CUSD PER
DOC. 90-388670
REC. JULY 18, 1990
CM
CDr~CM
«CE
SHEET 2
CORNERSTONE ENGINEERING INC.
620 MISSION AVENUE OCEANSIDE, CA 92054
TEL (760) 722-3495 FAX: (760) 722-3490
JOB: 171-06-01 MARCH 01. 2010
CARLSBAD HIGH SCHOOL
CARLSBAD, CALIFORNIA
EXHIBIT B
NOTE:
THIS PLAT DOES NOT REPRESENT A
FIELD SURVEY. BEARINGS AND
DISTANCES SHOWN HEREON ARE BASED
ON A CERTIFICATE OF COMPLIANCE NO.
09-03 IN CARLSBAD CA, RECORDED
JUL, 20, 2009 AS DOC. 2009-0397884
SEE EXHIBIT A
SHEET 2 ,
NOT A PART
<CE
SHEET 1
CORNERSTONE ENGINEERING INC.
620 MISSION AVENUE OCEANSIDE, CA 92054
TEL: (760) 722-3495 FAX: (760) 722-3490
JOB: 171-06-01 MARCH 01, 2010
CARLSBAD HIGH SCHOOL
CARLSBAD, CALIFORNIA