HomeMy WebLinkAboutPD 2023-0033; Brookwood CB I LLC; 2024-0062786; Permanent Stormwater AgreementRECORDING 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# 2024-0062786 11111111111111111 111111111 1111111111111111 IIIII IIIII IIIII IIIII IIII IIII
Mar 13, 2024 11 :24 AM OFFICIAL RECORDS JORDAN Z. MARKS,SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 212-062-06-00
PROJECT ID. PD 2023-0033
RELATED PERMIT: EAGREE2023-0033
PERMANENT STORMWATER QUALITY SEST MANAGEMENT PRACTICE MAINTENANCE AGREEMENT
DATE OF AGREEMENT: Y\tttLb 111 :'kD2-�
OWNER NAME: Brookwood CB I, LLC. and Brookwood CB li, LLC.
PROJECT NAME: 5966 La Place (Max linear)
RESOLUTION NUMSER: PC Res No.: N/A Approval Date: N/A --------�'-------------------
CON D ITI O N NUMSER:N/ A ---------------------------
DR A WING NUMSER: DWG 260-9A
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 describPn in Exhibit A, ' '1J
hereinafter referred to as "the Property"; and
Q \CED\Adm,n\B&AIPROJECTS\PD 2023-0033 -5966 La Place (Max L,near)_D RIPERMANENT STORMWATER QUALITY BMP MAINTENANCE AGREEMENT EAGREE2023-0033 doc
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 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 ofthe 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
NOW, THEREFORE, in consideration of the approval of this project, the foregoing promises,
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the mutual covenants contained herein, and the foliowing 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 mav 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.
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
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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 arder 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 la bor, 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 lega l 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.
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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:
Name: Brookwood Management Partners, LLC.
Address: 138 Conant St.
Address: Beverly, MA 01915
Telephone No.: (978) 720-7535
E-mail Address: agrey@brookwoodfinancial.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 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.
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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 da mages 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
im provements.
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.
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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.
BROOKWOOD CB I, LLC., a Delaware limited
liability company, and BROOKWOOD CB 11, LLC., a
Delaware limited liability company, as tenants-in-
common (together, the "Owner")
By:
BY: BROOKWOOD MANAGEMENT PARTNERS,
LLC., a Delaware limited liability company
Authorized Agent
Amy Grey
(print name here)
Authorized Manager
(title and organization of signatory)
CITY OF CARLSBAD, a municipal corporation of
the State of California
(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
City Attorney
•v .i/;~
Senior Assistant City Attorney
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A nota ry public or other officer com pleting this certificate verifies only the ldenttty of the lndivldual who slgned the document
to which thls certificate Is attached, and not the truthfulness, accuracy, or validity of that document.
State of Callfornla 6 }
County of O ( ()., (\ e_
On 3/1/24 beforeme,~<>-iCYo.iGie FiJ~er,/VD-r().f·y pye1ic
Date A Y Here lnsert Name and Title of the Officer
personally appeared ___ _,_ _ _,._._(Y\-'--ll---'G=..!r'--e:;c.+( ______________ _
Ncf me(s) of S/gner{s)
who proved tome on the basis of satlsfactory evldence to be the person(s) whose name(s) ls/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.
········~ MAX CRAIGIE rlSHER
t-lotary Public • Ca:iforn1a z
Orange co~nty :I<
Commiss1on = 2443395 -
y Comm. E;,:pices Apr 6. 2027
Place Notary Seol ond/ar Stamp Above
I certlfy under PENAL TY OF PERJURY under the
laws of the State of Callfornla that the foregolng
paragraph Is true and correct.
WITNESS my hand and official seal.
Signature ____ _,_fY'.s..J~.,...,,....,,.'-cc-~------
Slg~ry Publlc
OPTIONAL
Completlng this information con deter alteration of thc document or
fraudulent reattachment of this form to an unlntended document.
Descrlptlon of Attached Document
Tltle or Type of Document: __________________________ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: _____________________ _
Capaclty(les) Clalmed by Slgner(s)
Slgner's Name: ___________ _
o Corporate Officer -Tltle(s): ______ _
o Partner -o Llmlted o General
D lndlvidual
o Trustee
D Other:
o Attorney In Faet
o Guardian or Conservator
Signer Is Representlng: ________ _
0 2019 National Notary Association
Slgner's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _
□ Partner - o Llmlted o General
D lndlvldual
o Trustee
□ Other:
o Attorney In Faet
D Guardian or Conservator
Signer Is Representlng: ________ _
Page 8 of 8 01/25/13
ACKNOWLEDGMENT
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
validitv of that document.
State of California
County of San Diego
On March 12, 2024 before me, Amber Dan, Notary Public
(insert name and title of the officer)
personally appeared Jason S. Geldert ----------------------------
w h o proved tome 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.
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.
Signature ,(ZU1~.l---(Seal)
EXHIBIT A
LEGAL OESCRIPTION OF LAND
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 14 OF CARLSBAD TRACT NO. 81-10 UNIT NO. 1, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 18, 1982.
(APN: 212-062-06)