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HomeMy WebLinkAboutPD 2023-0013; Carlsbad Unified School District; 2024-0037720; Permanent Stormwater Agreement1f DOC# 2024-0037720 111111111111 11111111111111 111111111111111111111 111111111111111 1111 1111 RECORDING REQUESTED BY : Feb 14, 2024 10:16 AM OFFICIAL RECORDS JORDAN Z. MARKS, City of Carlsbad Development Services Department SAN DIEGO COUNTY RECORDER FEES: $41.00 (5B2 Atklne: $0.00) WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad.!. CA. 92008 PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'$ PARCEL NO. 215-050-74-00 ------------PRO J E C TID. PO 2023-0013 PERMANENT STORMWATER QUALITY SEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT DATE OF AGREEMENT: _F....;..e_br_u_a....._ry_1_3_._, _20_2_4 _______________ _ OWNER NAME: Carlsbad Unified School District of San Diego County, California PROJECT NAME: Aviara Oaks Elementa!Y_ School Modernization RESOLUTION NUMSER: N/A ------------------------ CON DIT 1O N NUMSER: N/A ------------------------ 0 RA WING NUMSER: DWG 543-4A ------------------------ 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 Order No. ORDER NO. R9-2007-01/NPDES NO. _CAS0108758, as promulgated within the City of O:ICED\Admin\B&AIPROJECTSIPD 2023-0013: RO\f\/2023-0854; GR2023-0022 -Aviara Oaks Elementary Scl1ool Modemization_T.CIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT.doc 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 owner's association, in perpetuity, and NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises, the mutual covenants contained herein, and the foliowing terms and conditions, 0:ICED\Admin\B&A\PROJECTSIPD 2023-0013; ROW2023-0854; GR2023-0022 -Aviara Oaks Elementary School Modernization_ T.C\PERMANENT STORMWATER OUALITY BMP MAINTENANCE AGREEMENT.doc 2 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:ICED\Admin\B&AIPROJECTS\PD 2023-0013; ROW2023-0854: GR2023-0022-Aviara Oaks Elementary School Modernization_T.C\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 tindings 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. lf 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:\CEO\Admin\B&A\PROJECTS\PD 2023-0013; ROW2023-0854: GR2023-0022. Aviara Oaks Elementary School Modernization_ T.CIPERMANENT 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 ether 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 atter 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: Carlsbad Unified School District Address: 6225 El Camino Real Address: Carlsbad, CA 92009 Telephone No.: 760-331-5000 E-mail Address: Jessica.kimbrell@carlsbadusd.net 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:\CED\Admin\B&A\PROJECTS\PD 2023-0013; ROW2023-0854: GR2023-0022 -Aviara Oaks Elementary School Modernization_ T.C\PERMANENT STORMWATER QUALJTY 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 annua! 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. lnvalidation 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. III III III III III III III Q:ICED\Admin\B&A\PROJECTS\PD 2023-0013; ROW2023-0854; GR2023-0022 -Aviara Oaks Elementary School Modernization_ T.C\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 20.16.060 of the Carlsbad Municipal Code authorizing such execution, and by Owner. OWNER(S): Carlsbad Unified School District of San Diego County, California (Name of Owner) ~ By: (sign here) Eric Dill (print name here) Assistant Superintendent Carlsbad Unified School District (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California By ~ "'V'V V -V' V JASONS. GELDERT, P.E. Engineering 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. lf 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 -By:---,,,""""'"--"-=..._.."""'iS-'---=--'--'-..... Assistant City Attorney Q:\CED\Admin\B&AIPROJECTS\PD 2023-0013: ROW2023--0854: GR2023-0022 • Aviara Oaks Elementary School Modemization_ T.C\PERMANENT STORMWATER OUALITY BMP MAINTENANCE AGREEMENT.doc 7 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: (PORTION OF APN: 215-050-74) THE SOUTH HALF OF THE WEST HALF OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ALL Oll, GAS OR OTHER HYDROCARBON SUBSTANCES OR ANY OTHER MATERIAL L YING IN OR UNDER SAID PROPERTY OR PRODUCED THEREFROM, TOGETHER WITH SUCH RIGHTS OF INGRESS, EGRESS AND USE OF THE SURFACE AS MAY BE REASONABL Y NECESSARY FOR THE DEVELOPMENT AND ENJOYMENT OF SAID RESERVED RIGHTS, AS EXCEPTED AND RESERVED IN THE DEED FROM MONTE GRIFFITHS AND JESSIE MILDRED GRIFFITHS HUSBAND AND WIFE, TO MAURICE E. MC CREERY, AND HELEN G. MC CREERY, HUSBAND AND WIFE AS JOINT TENANTS, DATED MARCH 30, 1944 AND RECORDED MAY 27, 1944 IN BOOK 1669, PAGE 496 AND IN DEED FROM HELEN G. MC CREERY TO MAURICE B. MC CREERY RECORDED MARCH 14, 1947 IN BOOK 2362, PAGE 277 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 215-050-74) THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL Oll, GAS OR HYDROCARBON SUBSTANCES, OR ANY OTHER MATERIAL L YING IN OR UNDER SAID PROPERTY OR PRODUCED THEREFROM, TOGETHER WITH SUCH RIGHTS OF INGRESS, EGRESS AND USE OF THE SURFACE AS MAY BE REASONABL Y NECESSARY FOR THE DEVELOPMENT AND ENJOYMENT OF SAID RESERVED RIGHTS AS RESERVED IN DEED RECORDED MARCH 14, 1947 IN BOOK 2362 PAGE 277 OF OFFICIAL RECORDS. PARCEL 3: (PORTION OF APN: 215-050-74) THOSE PORTIONS OF THE SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE-HALF OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG THE EASTERL Y LINE THEREOF, SOUTH 00° 21' 21" EAST 293.56 FEET TOA POINT ON A NON-TANGENT 1151 .00 FOOT RADIUS CURVE CONCAVE SOUTHERL Y, A RADIAL LINE TO SAID POINT BEARS NORTH 04° 10' 50" WEST; THENCE WESTERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39° 32' 20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH 43° 43' 10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87° 33' 10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH 46° 10' 00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERL Y; THENCE NORTHWESTERL Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09° 46' 00" A DISTANCE OF 73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55° 56' 00" WEST 416.30 FEETTO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 13' 38" A DISTANCE OF 308.45 FEET; TH ENCE TANGENT TO SAID CURVE, NORTH 00° 42' 22" WEST 18.83 FEET TO THE WESTERL Y PROLONGATION OF THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG SAID NORTHERLY LINE, SOUTH 89° 19' 14" EAST 1349.44 FEET TO THE POINT OF BEGINNING. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 A nota ry public orotherofficer completing this certificate verifies only the identity of the individual who sig ned the document to which this certiflcate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfornla County of 5 fr,.J Cl ,tf. 6: O } On I --l O -2.-o t,lf before me, ktn\,r-,':f .S • ->tbi bvl-4lU, /v ~1..+N-/ PvtsU C.,, Date Here /nsert Name and Title of the Officer personally appeared ]:;/LIC.... DI CL- Name(s) of Signer(s) who proved to me on the basis of satlsfactory evldence to be the person{s) whose name{s) Is/are subscrlbed to the wlthln Instrument and acknowledged to me that he/she/they executed the same In hls/her/thelr authorlzed capaclty{les), and that by hls/her/thelr slgnature(s) on the Instrument the person{s), or the entlty upon behalf of whlch the person{s) acted, executed the Instrument. LARRY~s-:-sHOEMAKE COMM. #2335363 z Notary Public -California ~ San Diego County ... My Comm. ExpiresOct. 13, 2024 I certlfy under PENAL TY OF PERJURY under the laws of the State of Callfornla thai the foregolng paragraph Is true and correct. WITNESS my hand and official seal. C A fv(_ __ Signature 7 J\. Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completlng this information can deter alteration of the document or fraudu/ent reattachment of this form to an unlntended document. Descrlption of Attached Document TIiie or Type of Document: ______________________ _ DocumentDate: _____________________ Numberof Pages: ___ _ Slgner{s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Stgner(s) Slgner's Name: ___________ _ Slgner's Name: ___________ _ D Corporate Officer -Tltle{s): ______ _ □ Corporate Officer -Tltle{s): ______ _ □ Partner -□ Llmlted □ General o Partner -D Llmlted o General D lndlvldual D Attorney In Faet D lndlvldual D Attorney In Faet □ Trustee □ Guardian or Conservator □ Trustee o Guardian or Conservator D Other: D Other: Signer Is Representlng: ________ _ Signer Is Representlng: ________ _ ©2019 National Notary Association Page 8 of 8 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 008080Ø880ØOØOOID D ......... , ØOØ IJOH08lØJØOØ88UO O El:J00608080800I IO:Ra I a 0111 I IDOi II D ØOl 1 A nota ry public or other officer completing this certificate verifies only the identity of the individual who si gned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of thai document. U I 1 '~ -v -V~ •• • u,,, • • 1 J • ...., ,. , / I "I bl}( persona Ily appeared J "'" , .., , J • \ y:~ \YJ " r , -;;;7' 2:e(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 thai he/she/they executed the same in his/her/their authorized capacity(ies), and thai 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 fil AMY WICl<ER~ _ • HotMY Publk -ulifoma I i -.n, -San ~ County i Commiuion /I 2<!01138 f ;•:;a:::• My Comm. ExpirM Al>:,11, 2026 P/ace Notary Seal andlor Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California thai the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L>r~'""''.J/-"'"'""'\:)1+'+.1l{t-------------- OPTIONAL Completing this information con deter alteration of the document or froudulent reattochment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: ____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ lndividual □ Attorney in Faet □ lndividual □ Attorney in Faet □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 881111 IØOl}:{ll11"1)0BI l(Ø l0080000ØIIUOl8!@80(~~80080881 D}:8:IOOl{J 880 1:8:8:0Øll :@li~ ©2019 National Notary Association