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HomeMy WebLinkAboutCDP 2020-0017; Sarem Family Trust; 2021-0694148; Permanent Stormwater AgreementWHEREAS, development of the Property has been approved by the City, and is subjed to the requirements of the State of Callfomla Regional Water Quality Control Board-8an Diego Region Order No. ORDER NO. R9-2007-01/NPDES NO. CAS0108758, as promulgated within the City of Carlsbad Public Works Department, Stonn Water Standards Manual, 2004 Edition, hereinafter referred to as "stonn water regulations" and incorporated herein by this reference; and WHEREAS, the Owner Is required to comply with au Federal, State and Local stonn water regulations by employing pennanent post-construction. Best Management Practices (BMP's), hereinafter referred to as "permanent BMP(s)° to ensure impads 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 succe~rs and assigns agree that the health safety, and welfare of the residents of Carlsbad, Callfomla, 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 inspeded, 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 Stonn Water Management Plan (SWMP) report and drawing(s) which together detail the objedives, design, construction, Inspection and operation and maintenance responstblBty 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 Planp 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 recordatlon of this Agreement as a condition of approval of the project that secures the construction, inspection, operation ~d maintenance of on- Q:~0JECT31QJP\CDP2\C0P202IMJ011SanimR851dence•Rlc"'8&AV'EftMANENT8TORMWA'IBlQUAUTYBMPMAIN'TaiANCl:AGAEEMl!NT.doc 2 . 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 m~uat coyenants 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, ~ accordance with the plans and specifications identified in the Stonn 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 faa1ities, 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 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. Q:1CED'l-andDIMPROJECTS\a>PICDP2020'CDP2020«l17 Sanll1I Realdenoe • RlclL18 6 AV'ERMANS'fT STORMWAlER QUAUTY BMP MAIN"TENANCE AGAEEMENT .doc 3 5. Owner shall maintain inspection, operation and maintenance records for at least five (5) years. These records shal 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 folow-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 Hmlts of the permanent BMP(s) facility footprint described on the Storm Water BMP Plan, if an easement is not provided. It is expressly understood arid 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 Stonn 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 Q:~ECnlla>PICDP202D1CDP20»0017S-Relldance•RlclllB&AIPl!RMANENT810RMWA'IERQUAUlYBMPMAIHlENAHCEAGREEMENT.doG 4 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 aH .legal remedies available to the City as a result of Owner's failure to maintain the pennanent BMP(s). 10. Owner agrees that the pennanent 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 Oefects by City~ 11. Owner agrees that all residual material that Is a byproduct of the proper operation and maintenance of pennanent post-construction BMP's (waste) will be disposed of according to all federal, state and local regulations. 12. Unless otherwise specifically provided herein, au 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 seNice) 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, retum 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: Scott Alexander Sarern 6684 Lemon Leaf Dr •. Carlsbad, CA 9201. 1 760-533-2470 scott@everydayenergy.us 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 shaU notify the other Immediately of any changes of ownership or address that would require any notice delivered hereunder to be drected to another Owner and/or Q:~ECTS\a>P1CD1'21121)1CDP2021),01)17&nm Realdence•RletCiB•AftRMANefTSTORMWA'IERQIJAUlYBMPMAINlB'lANCEAGREEMENT.doc 5 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 pennanent 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 empJoyees In the perfonnance of this Agreement. Owner further agrees to protect and hold hannless City, its officials and employees from any and all claims, demands, causes or action, liabfflty 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, liabllity, or loss because of or arising out of the design or construction of the pennanent 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 oonstruc:tion of said pennanent 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 shail be recorded against the Property and shali 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 effed. Ill Ill Ill Ill Ill Ill Q:\CED1..anclDell\COP202lMJ017BmllnlRddanca•Rldllll&AV'ERMANENTSl'0RMWA1ERQUAU'TYBMPMAlN1ENANCl!AGRl!BAENT.cloc 8 EXHIBIT A LEGAL DESCRIPTION Order Number; OIV-6064191 Page N\Jm~er. 6 Real property in the qty of ~rlsbad~ County of San Diego; St:Qte pf califomia,_ desi::_rlbed as follows: ALL OF LOT 24 AND THE S_OUTI-IERL Y 7,74 FEET OF LOT 25 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, C0UN1Y bF SAN DIEGO, STATE OF CALIFORNIA, ACCORPING TO MAP THEREOF NO. 2647, ALEO· TN THE OFACE OF-n-tE COUNJY RECORDER OF SAN DIEGO COUNTY, APRIL 18,.1950, THE SAID 7.74 FEET BEING M~RE ALONG TI-IE EASTERLY LINE OF SAID LOT AND THE NORTHEJlLY LINE OF SAID 7.7_4 FEET BEING PARALLS. WI11i TI-IE SOUTHERL¥ LINE OF SAID (.OT. EXCEPTING FROM SAID. LOT 24, TI-IE SOUTHERLY 100.66 FEET THEREOF~ THE NORTHERLY LINE OF SAID SOUTHJ:RLY 100.66 FEET BEING PARALLEL wrrn AND DISTANT 100.66 NORTHERLY MEASURED AT RIGHT ANGLES FROM THE-SOUTHERLY LINE OF SAID LOT 24. APN: 207-072-17·00 First American 77Ue P.ag~6 of 14