HomeMy WebLinkAboutCUP 260D; Palomar Transfer Station Inc; 2021-0759729; Permanent Stormwater AgreementOrder 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 Lessee 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 Lessee, 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 Lessee, its successors and '
assigns, including any homeowner or property owner association; and
WHEREAS, the Lessee 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 Lessee, 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,
Lessee and City agree as follows:
1. Lessee 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 Lessee, 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. Lessee, its successors and assigns, including any home owner 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. Lessee, its successors and assigns, shall inspect applicable pem,anent 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. Lessee shall submit an inspection
report annually to the City in a form as prescribed in the Storm Water BMP Plan oras 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 Lessee.
5. Lessee 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. Lessee, its successors and assigns, hereby grant pennission 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 Les;ee, 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 Lessee, its successors and assigns, fails to take corrective action to
maintain the pennanent 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 Lessee, 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 Lessee outside of the easement for the permanent BMP(s), if an easement is
prov.ided, 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. Lessee, 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 pennanent BMP(s) is outlined in the approved Stenn 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 Lessee, 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
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and all
legal remedies available to the City as a result of Lessee's failure to maintain the permanent
BMP(s).
10. Lessee agrees that the permanent BMP(s) are privately-owned, operated and
maintained by the Lessee 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. Lessee 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 Lessee shall be addressed as follows:
,
Notices to the Lessee shall be delivered to the following:·
Name: Palomar Transfer Station, Inc.
Address: 5960 El Gamino Real
Address: Garlsbad, CA 92008
Telephone No. 619-954-7282
E-mail Address: RHuertero@republicservices.com
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 lesseeship or address
that would require any notice delivered hereunder to be directed to another Lessee and/or to another
address. In the event Lessee fails to notify City of any change of lesseeship, the new Lessee and the
Lessee whose name appears aJ:>ove, 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 Lessee, 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 Lessee, its agents or employees in the
performance of this Agreement. Lessee further agrees to protect and hold harmless City, its
' officials and employees from any and all claims, demands, causes or action, liabil~y or loss of any
sort because or arising out of acts or omissions of Lessee, 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 lessee 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 Lessee.
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.
Ill
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Exhibit A
PARCEL 1:
THOSE PORTIONS OF LOTS "A" AND 11811 OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 823, FILED IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNlY,
NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP NO. 823; THENCE
ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89°54'00" EAST, 23.41 FEET TO THE
NORTHEASTERL V CORNER OF LAND DESCRIBED IN DEED TO NORTH COUNTY INVESTMENTS,
RECORDED JUNE 16, 1971 AS FILE NO. 126673 OF OFFICIAL RECORDS AND BEING THE TRUE
POINT OF BEGINNING; THENCE RETRACING ALONG SAID BOUNDARY NORTH 89°54'00" WEST
23.41 FEET TO SAID POINT 14 OF LOT 11B11; THENCE ALONG THE BOUNDARY OF SAID LAND OF
NORTH COUNTY INVESTOR'S AS FOLLOWS: SOUTH 54°15'33" WEST, 326.48 FEET; SOUTH
50°55'35" WEST, 1788.65 FEET; SOUTH 01°28'24" WEST, 787.30 FEET; AND SOUTH 10°46'15"
WEST, 2187.68 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN
DEED TO CARLSBAD .MUNICIPAL WATER DISTRICT, RECORDED DECEMBER 27, 196:0 AS FILE
NO. 222199 OF OFFICIAL RECORDS AND BEING A POINT HEREIN DESIGNATED Af, POINT "X";
THENCE ALONG THE BOUNDARY OF SAID WATER DISTRICT'S LAND AS FOLLOWS: SOUTH
73°43'45" EAST, 232.43 FEET TO AN ANGLE POINT THEREIN; AND SOUTH 38°38'25" EAST
341.95 FEET TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE SOUTH 38°38'25"
EAST, 100.00 FEET; THENCE SOUTH 51 °2.1'35" WEST, 638.00 FEET TO THE NORTHEASTERLY
LINE OF COUNTY ROAD SURVEY NO. 682 (KNOWN AS EL CAMINO REAL) ACCORDING TO PLAT
THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNlY;
THENCE ALONG SAID ~ORTHEASTERLY LINE NORTH 38°38'25" WEST (RECORD= NORTH
38°35'00" WEST) 50.00 FEET TO A POINT HEREIN DESIGNATED AS POINT "Y"; THENCE
CONTINUING NORTI-I 38°38'25" WEST, 150.00 FEET TO A LINE WHICH BEARS SOUTH 10°46' 15"
WEST FROM SAID POINT "X11; THENCE sourn 10°•16'15" WEST, 39.50 FEET TO TME
CENTERLINE OF SAID COUNTY ROAD SURVEY NO, 682; THENCE ALONG SAID CENTER LINE
SOUTH 38°38'25" EAST, 1047.69 FEET TO THE WESTERLY PROLONGATION OF COURSE NO, 3
IN THE SOUTHERLY BOUNDARY OF SAID LOT "B" AS SHOWN ON RECORD OF SURVEY MAP NO.
517, ALEO IN THE OFFICE OF THE COLINTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23,
1935; TMENCE ALONG SAID PROLONGATION AND SAID COURSE NO. 3, NORTH 84°34'3811 EAST
(RECORD = NORTH 84°38'00" EAST) 1892,91 FEET TO A LINE WHICH BEARS SOUTM 03°05'08"
EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTI-I 03°05'08" WEST, 5593.11 FEET
TO Tl-IE TRUE POINT OF BEGINNING. .
E)CCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LAND; THENCE NORTH 89°54'00"
WEST, 23.41 FEET TO POINT 14 OF SAID LOT "B" AS SHOWN ON SAID MAP NO. 823; THENCE
· ALONG THE BOUNDARY OF SAID COUNTY LAND, SOUTH 54° 15'33" WEST, 326.'18 FEET;
THENCE SOUTI-I 50°55'35" WEST, 1788.65 FEET; THENCE SOUTH 01 °28'24" WEST, 787,30 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUIN<;; ALONG SAID BOUNDARY, SOUTI-I
10°46'15" WEST, 1337.68 FEET; Tf-lENCE LEAVING SAID BOUNDARY, SOUTH 79°13'45" EAST,
703.35 FEET; THENCE NORTI-I 30°28'48" EAST, 900.00 FEET; THENCE NORTI-I 30°31'12n WEST,
BOD.OD FEET; THENCE SOUTI-I 87°45'29" WEST, 491.59 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2:
TI-IAT PORTION OF LOT 11811 OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO,
STAT,E OF CALIFORf'JIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNlY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1886, INCWDED IN THAT
CERTAIN 6.459 ACRE PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 7845 ON
FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY LYING
EASTERLY OF THE WESTERLY LINE OFA STRIP OF LAND 48.00 FEET IN WIDTH, THE
SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID 6.459 ACRE PARCEL; THENCE
SOUTH 51°47'58" WEST, ALONG THE SOUTHWESTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 55.00 FEET TO THE CENTERLINE OF
ROAD SURVEY NO. 1800-1, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY
ENGINEER OF SAID COUNTY; THENCE SOUTH 38°12'02" EAST, ALONG SAID CENTERLINE
141.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE,
NORTH 38°22'25" EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS
CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 81°50'49" TO THE POINT OF TERMINUS.
PARCEL 3:
AN EASEMENT FOR STREET AND HI.GHWAY PURPOSES OVER ALL THAT PORTION OF LOT 11811
OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: I
COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF PARCEL NO. 1 OF
DEED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED AUGUST 03, 1973 AS FILE NO.
73-215694 OF OFFICIAL RECORDS, WITH THE NORTHEASTERLY LINE OF ROAD SURVEY NO.
682; THENCE SOUTH ~8°38'25" EAST, 50.00 FEET ALONG SAID NORTHEASTERLY LINE OF
ROAD SURVEY NO. 682 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID NORTHEASTERLY LINE SOUTH 38°38'25" EAST 50.00 FEET; NORTH 51°21'35" EAST
638.00 FEET; THENCE NORTH 38°38'25" WEST, 30.00 FEET; THENCE SOUTH 51°21'3511 WEST
610.00 FEET TO A 20.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHERLY; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 90°00'00" A
DISTANCE OF 31.42 FEET; THENCE I.EAi/ING Si\ID CURVE SOUTH 51°21'35" WEST U.00 Ffff
TO Tl-IE TRUE POINT Of BEGINNING.
EXCEPTING TH.EREFROM THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF A STRIP
OF LAND 48.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERUNE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF THE ABOVE DESCRIBED U\ND; TliENCE
SOUTH 51°117'58" WEST, ALONG Tl-IE SOUTHWESTERLY PROLONGATION OF TME
SOUTHEASTElll. Y LINE OF SAID LAND, A DISTANCE OF 55.00 FEET TO Tl-IE CENTERLINE OF
110AD SURVEY NO. 1800-1, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY
ENGINEER OF SAID COUNTY; Tf-lENCE SOUTH 38°12'02" EAST, ALONG SAID CENTERLINE
141.20 FEET TO Tl-IE TRUE POINT OF BEGINNING; Tl·IENCE LEAVING SAID CENTERLINE,
NORTH 38°22'25" EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS
CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG Tl-IE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 81°50'49" TO Tl-IE POINT OF TERMINUS.
APN: 209-050-25-00 and 760-166-04-00