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HomeMy WebLinkAboutCT 2017-0003; Woodside 05S LP a California limited partnership; 2023-0049755; Permanent Stormwater AgreementRECORDING REQUESTED BY : DOC# 2023-0049755 111111111111 1111111111111111111111111 lllll 1111111111111111111111111111 City of Carlsbad Development Services Department Feb 27, 2023 02:10 PM OFFICIAL RECORDS JORDAN Z. MARKS, WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SAN DIEGO COUNTY RECORDER FEES: $44.00 (SB2 Atkins: $0.00) PAGES: 11 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 223_050_73_00 -------------PROJECT ID. CT 2017-0003 PERMANENT STORMWATER QUALITY BEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: _F_e_b_ru_a_ry...._2 .... 2,'--2_0_2_3 _______________ _ OWNER NAME: Woodside 05S, LP., a California limited partnership PROJECT NAME: La Costa Town Square Parcel 3 Residential RESOLUTION NUMBER: 7391 --'-'------------------------ CONDIT 1O N NUMBER: 49 ------------------------- DRAWING NUMBER: DWG 536-1A ------------------------- 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 of the State of California Regional Water Quality Control Board-San Diego Region Q:ICED\Admin\B&AIPROJECTSICT 2017-0003; GR2022-0001 -La Costa Town Square Parcel 3 Resldential_E.EIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 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 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, 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 Q:ICED\Admin\B&AIPROJECTSICT 2017-0003; GR2022-0001 -La Costa Town Square Parcel 3\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.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 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. 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. Q:ICEO\Admin\B&AIPROJECTSICT 2017-0003: GR2022-0001 -La Costa Town Square Parcel 3\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.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 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 Q:ICED\Admin\B&A\PROJECTSICT 2017-0003; GR2022-0001 -La Costa Town Square Parcel 3\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.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 otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been du ly 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: Name: Woodside 05S, LP. Address: 1250 Corona Pointe Court, Suite 500 Address: Corona, CA 92879 Telephone No.: (951) 710-1900 E-mail Address: craig.moraes@woodsidehomes.com Notices to City shall be delivered to the following: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attention: City Engineer Telephone No.: (442) 339-2750 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 Q:ICED\Admin\B&AIPROJECTSICT 2017-0003; GR2022-0001 • La Costa Town Square Parcel 3\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.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. Ill Ill Ill Ill Ill Ill Ill O:\CEO\Admin\B&AIPROJECTSICT 2017-0003; GR2022-0001 -La Costa Town Square Parcel 3\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 6 IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.1 6.060 of the Carlsbad Municipal Code authorizing such execution, and by Owner. OWNER(S): Woodside ass, LP., a California limited partnership (Name of Owner) By:~e~bv· """ (sign here) By: Chris Chambers (print name here) General Partner Woodside ass, LP. (title and organization of signatory) (sign here) (print name here) (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California ON S. GELDERT, P.E. gineering Manager (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: CINDIE MCMAHON City Attorney By:_~~-Ll __ ~ru--e---RONKEMP Senior Assistant C y Attorney Q:\CED\Admin\B&A\PROJECTS\CT 2017-0003; GR2022-0001 -La Costa Town Square Parcel 3\PERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 :nnnnnJDMIDi -•••• l BEBJl7JlllM7MMM ..... 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 Call~nla -} County of ~ \.z::e.f Sd, ,d .R On JGt2 Br ~2:3 before me, Dev\ L~ JOLL Nohru '1.bl l~ (J \L , 11 \ _ Here Insert Name and Title of the Officer personally appeared ____ _,\,..A')..,• ::.....:.._,_,_(---'~"'-6_,__~=i_,__,CLfYilleX"'"'"',,.____,'---='-'-'-''-"-~$=--------- Date Name(s) of S/gner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/~ subscribed. to the within Instrument and acknowledged to me that he/,,lie/t~y executed the same In hlst?'r!tt)elr authorized capaclty(les), and that by hls/hlr/t~ slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. DENISE JOVE ~ Notary Public · California : , ~ Rivers1ce County ! . Commission# 2367232 ee eeeeeeei ·•,.• ~ • My Comm. Expires Jul 22, 2025 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. ~aaw,• ~~ SignatureofNotaryb/ic 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: __________________________ _ Document Date: ____________________ Number of Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact o Trustee o Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: D Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association Page 8 of 8 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 0808 0000 OBC {lJ@"I IHOO(l lJ:O:flO [l OcOl] [l,10 0:0:1 a II Q!O(JIOOO 00 0 o:o ):880:0il u1m· D D [)"0180 00:@U l0080lO:OO 80:a{ffll(ffll88111 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. 0 ~s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ········1 AMY WICKERHAM Motary Public • California I San Diego County Commission II 2'401138 - y Comm. Expires Apr 18, 2026 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s;gna~ Signature of Notary Public 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: --------------------=-...:e:::=------ Document Date: ___________________ -=-=- Signer(s) Other Than Named Above:------=,.....,,::..._ _______________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _________ .e:::.... ___ _ Signer's Name: □ Corporate Officer -Title(s),~: .,,e;. _____ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited eneral o Partner -D Limited D General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: ~::..._ ____________ _ D Other: Signer is Representing: _________ _ Signer is Representing: _________ _ i()IOljn D J 1)80:0(1:80086:atlOIO 860(] J IJlUaJ 080 0 D ) )1()l8181~ 1:11:11 OBIJ D Er IJ00011:~0 ©2019 National Notary Association Order Number: NHSC-6796891 Ud) Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 3 OF CITY OF CARLSBAD MINOR SUBDIVISION 04-08 RECORDED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO ON JULY 11, 2012 AS PARCEL MAP NO. 20982. EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLAN PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER, OR 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 RE -DRILL, RE -TUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPORATION IN DEED RECORDED JUNE 23, 1983 AS INSTRUMENT NO. 1983- 212476 OFFICIAL RECORDS. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN ACCESS UPON, OVER AND ACROSS THAT PORTION OF LOT 17 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15998, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE ALONG THE WEST LINE OF SAID LOT NORTH 34°57'39" WEST, 66.98 FEET, THENCE NORTH 32°50'49" EAST, 16.68 FEET; THENCE NORTH 06°32'56" WEST, 48.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 25°34'23" EAST, 35.81 FEET TO THE BEGINNING OF A 25.00 RADIUS CURVE CONCAVE SOUTHEASTERLY, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°36'14" A DISTANCE OF 20.77 FEET; THENCE NORTH 73°10'37" EAST, 8.38 FEET; THENCE NORTH 28°26'47" EAST, 70.22 FEET; THENCE NORTH 61 °55'24" WEST, 29.70 FEET; THENCE NORTH 28°39'08" EAST, 6.75 FEET; THENCE NORTH 02°11'43" EAST, 56.00 FEET; THENCE NORTH 22°05'36" WEST, 119.23 FEET; NORTH 03°11'49" WEST, 86.40 FEET; THENCE NORTH 21°19'10" WEST, 16.06 TO THE WESTERLY LINE OF SAID LOT 17 AND THE POINT OF TERMINUS. THE SIDELINES OF THE HEREINABOVE DESCRIBED 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY AND SOUTHERLY IN THE WESTERLY LINE OF LOT 17. First American Title Order Number: NHSC-6796891 (jd) Page Number: 9 PARCEL C: AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, UPON AND ACROSS THAT PORTION OF LOT 15 OF CARLSBAD TRACT 01-09 LA COSTA TOWN SQUARE -COMMERCIAL, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 15998, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 5, 2014, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF TRACT NO. 04-08 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 20982 FILED IN THE OFFICE OF THE COUNTY OF SAID COUNTY JULY 11, 2012; THENCE ALONG SAID WESTERLY LINE OF SAID PARCEL SOUTH 22°17'46" EAST, 191.06 FEET, THENCE SOUTH 13°16'26" EAST, 26.16 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE AS DEDICATED PER DOCUMENT NO. 77-281161, SAID POINT BEING THE BEGINNING OF A NON TANGENT 958.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 13°16'26" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°24'20", A DISTANCE OF 274.31 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 26°29'00" WEST, 8.33 FEET, THENCE NORTH 12°29'49" WEST, 5.87 FEET; THENCE NORTH 17°34'49" EAST, 70.57 FEET; THENCE SOUTH 89°45'39" EAST, 10.42 FEET, THENCE NORTH 71°59'03" EAST, 132.73 FEET; THENCE SOUTH 75°09'31" EAST, 6.03 FEET; THENCE SOUTH 50°08'27" EAST, 35.79 FEET TO THE POINT OF BEGINNING. APN: 223-050-73-00 First American Title