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2008-75668 fj \ \ (? Recording Requested By: t)l^-' I City Engineer When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC # 2008-0075668 i 1IIIIllll!IIIIIIII!111I111111111I1111I111111I111111111111111111111111 FEB 13,2008 3:30 PM o FFI Ci.61 F: E co F: D ':; ~:,,6,N Dltl:;O CDUN f'1 RECDRDEF:":; DFFICE CiF:ECiClF:,' J ':;f..1ITH CDUNT',' F:ECDF:DER FEE~; 40.00 ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY PAG ES: 11 111111111111111111111111111111111111111111111111111111I1111I11111111111111111111 PRIVATE STORM WATER TREATMENT MAINTENANCE AGREEMENT / / Assessor's Parcel No.: 260-323-13 & 260-323-18 I-~\O~ ~ Bldg Permit No.: 07-1092/1093/1094 THIS AGREEMENT for the periodic maintenance and repair of that certain private storm water treatment facilities, the legal description and/or plat of which is set forth in Exhibits attached hereto and made a part hereof, is entered into by M & B Alqush. LLC.. (hereinafter referred to as "Developer") for the benefit of future owners who will use the private storm water treatment facilities (hereinafter referred to as " owners", which shall include the Developer to the extent the Developer retains any ownership interest in any land covered by this agreement. WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas of a subdivision project as defined in Section 21065 of the Public Resources code and pursuant to City of Encinitas Municipal Code Section 24.16.060 and Section 24.29.040; and WHEREAS, Developer is the owner of certain real property commonly known as 820 Birmingham Drive and more specifically described in Exhibit "A" that will use and enjoy the benefit of said storm water treatment facilities(s). Said real property is hereinafter referred to as the "property"; and WHEREAS, it is the desire of the Developer that said private storm water treatment system as shown on Exhibit "B" be maintained in a safe and usable condition by the owners; and WHEREAS, it is the desire of the Developer to establish a method for the periodic maintenance and repair of said private storm water treatment facilities and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WHEREAS, there exists a benefit to the public the private storm water facilities be adequately maintained on a regular and periodic basis in compliance with Exhibit "C"; and WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1 . The property is benefited by this Agreement, and present and successive owners of all or any portion of the property are expressly bound hereby for the benefit of the land. 2. The cost and expense of maintaining the private storm water treatment facilities shall be paid by the owner of the heirs, assigns and successors in interest or each such owner. 3. In the event any of the herein described parcels of land are subdivided further, the owners, heirs, assigns and successors in interest of each such newly created parcel shall be liable under this Agreement for their then pro rata share of expenses and such pro rata shares of expenses shall be computed to reflect such newly created parcels. 4. The repairs and maintenance to be performed under this Agreement shall be limited to the following: reasonable and improvements and maintenance work to adequately maintain said private storm water treatment facilities to permit access to said facilities. Repairs and maintenance under this Agreement shall include, but is not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, if any, and other work reasonably necessary and proper to repair and preserve the private storm water treatment facilities for their intended purposes. 5. If there is a covenant, agreement, or other obligation imposed as a condition of the development, the obligation to repair and maintain the private storm water treatment facilities as herein set forth shall commence when improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said storm water treatment facilities that results from action taken or contracted for by the owners or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the extraordinary repair. The repair shall be such as to restore the storm water treatment facilities to the condition existing prior to said damage. 7. Any liability of the owners for personal injury to an agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the owners for damage to the property of agent, or any such worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, by the owners as they bear the costs and expenses of such repairs and maintenance. Owners shall be responsible for and maintain their own insurance, if any. By this Agreement, the Developer does not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 8. Owners shall jointly and severally defend and indemnify and hold harmless City, City's engineer and its consultants and each of its officials, directors, officers, agents and employees from and against all liability, claims, damages, losses, expenses, personal injury and other costs, including costs of defense and attorney's fees, to the agent hereunder or to any owner, any contractor, any subcontractor, any user of the storm water treatment facilities, or to any other third persons arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the private storm water treatment facilities. 9. Nothing in the Agreement, the specifications or other contract documents or City's approval of the plans and specifications or inspection of the work is intended to include a review, inspection acknowledgement of a responsibility for any such matter, and City, City's engineer and its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore. 10. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of the owners and each and every person who shall at anytime own all or any portion of the property referred to herein. 11. It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assignees of each of the owners. 12. It is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land and any subsequent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 13. The terms of this Agreement may be amended in writing upon majority approval of the owners and consent of the City. 14. This Agreement shall be governed by the laws of the State of California. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 15. The City is authorized to collect sums as appropriate for recovery of the costs for abatement of any storm water pollution control facility maintenance violation should the property owner fail to voluntarily comply. 16. The Owner, its successors or assigns, hereby grants permission to the City and its authorized Agents and employees, to enter upon the Property and to inspect the storm water pollution control facilities upon reasonable notice whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a written directive to commence with the specified repairs if necessary. 17. In the event the Owner, its successors or assigns, fails to maintain the storm water pollution control facilities in good working condition acceptable to the City, the City, its Agents, or its contractors, may enter upon the Property and take the steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Owner, its successors or assigns. 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 written demand within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. If said funds are not paid in a timely manner, City reserves the right to file an assessment lien on the real property with the County Recorder of the County of San Diego. It is expressly understood and agreed that the City is under no obligation to maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 18. If the Property constitutes a "Common Interest Development" as defined in California Civil Code Section 1351 (c) which will include membership in or ownership of an "Association" as defined in California Civil Code Section 1351 (a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply at and during such trme as (i) the Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351 (h), and (ii) the Common Area of the property (including the private storm water treatment facilities) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private storm water treatment facilities and shall be deemed the "agent" as referred to in Paragraph 7 above. The Association, which shall not be replaced except by amendment to the Declaration, shall receive no compensation for performing such duties. The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety. No individual owners shall have the right to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner, which reduces or limits the Association's rights and duties pursuant to its Bylaws and Declaration. IN WITNESS WHEREOF, the parties have executed this Agreement This_b,t'^- day of Fe~/v(Jt/~/ ,2008. / DEVELOPER (,v-.O ~J6 ~. . ~. 1.- -08 Younis Ballo for M & B Alqush LLC., a California Limited Liability Company Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. ACKNOWLEDGMENT State of California County of S Cl.. v'\... \:) \ e ~() on'fe\" r-uQ N l. I a.OD~ before me,'i)p\o D r-ab.('P(' Vo "p,,^ .4-"t)r..ulaI,~ ( (insert name and title of th~ ( personally appeared ~ who proved to me on th basis of satisfactory evidence to be the person.(.8fwhose name(.st is/afe"" subscribed to the within instrument and acknowledged to me that helshe'th&y executed the same in his}fterftl9cir authorized capaci~ and that by hisJh9~.'th9ir signatur~on the instrument the person~ or the entity upon behalf of which the persol]M acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. @ DEBORAH CERVONE - . ...... COMM. #1624783 ~ ~ NOTARY PUBliC-CALIFORNIA ~ '" . SAN DIEGO COUNTY - III MY COMM. EXPlt*S NOV. 29. 2009 Signature J\j ^ Q.L& LA ~ O~-' JI...e)\ <L (Seal) EXHIBIT A All that certain real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: Parcell: That portion of Lot C in Block 1 of Cardiff Acres, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1680, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at a point on the Easterly line of said Lot C distant thereon South 01 039' 56" West 206.00 feet from the Northeasterly comer of said Lot; Thence North 88005' 12" West, 196.39 feet; Thence South 67035' 03" West, 69.23 feet to a point on a curve, concave Southwesterly and having a radius of 330.00 feet; Thence Southeasterly along said curve from a tangent which bears South 42024' 52" East through a central angle of 15053'42" a distance of91.55 feet; Thence South 26031' 11" East, tangent to said curve 32.29 feet to the Southerly line of said Lot; Thence South 88036'33" East, along said Southerly line 190.53 to the Southeast comer of said Lot; Thence North 01 039'56" East, along the Easterly line of said Lot a distance of 128.65 feet to the Point of Beginning. Said land is furthermore described as Pard B of that certain Certificate of Compliance recorded April 12, 1985 as Instrument No. 85-126300 of Official Records. Assessor Parcel No.: 260-323-18 Parcel 2: That portion of Lot B in Block 1 of Cardiff Acres, in the County of San Diego, State of California, according to Map thereof No. 1680, filed in the Office ofthe County Recorder of San Diego County, described as follows: Beginning at the Northeast comer of said Lot B; Thence North 88036' 42" West along the Northerly line of said Lot, a distance of 190.27 feet; Thence South 26029' 34" East 17.34 feet to the beginning of a tangent curve to the left, having a radius of72.00 feet; Thence Southeasterly along said curve through a central angle of 54018'55", a distance of 68.25 feet to the beginning of a reverse curve to the right, having a radius of 542.00 feet; Thence Southeasterly along said curve, through a central angle of 14000' 44", a distance of 132.55 feet to a point on the Easterly line of said lot, a distance of thereon South 0 1 0 39' 50" West North 01 007'30" East, Map No. 1680-86.87 feet from the Point of Beginning; Thence North 01 039' 50" East, along the Easterly line of said Lot a distance of 86.87 feet to the Point of Beginning. Assessor Parcel No.: 260-324-13 Prepared by: ;~:-~ ;?a Lawrence E. Cole L.S. 5097 expo 6/30/09 . . 5' STREET DEDICATION PER DOC. NO. 84- 264786 REC. 7-13-84 EX. NO PKG SIGNS PORTJON LOT · C. BLoCK 1 MAP 1680 (PARCEL 1) EX. PRIVATE WATER EX. TELEPHONE SERVICE TG102.09 FL101.59 NEW TRENCH DRAIN W BIOFIL TER LINER EX. RAISED PLANTER EX. PRIVATE SIGNS IE. PORTJON LOT · B. BLOCK 1 Fe - -ct BMPs 12" TRENCH WITH HYDROCARBON FILTER AND STEEL GRATE. FILTER TO BE MAINTAINED PER MANUFACTURER SPECIFICATIONS BY CURRENT OWNER OF BUILDING USING FUNDS PRODUCED BY CURRENT BUSINESS. TRENCH DRAINS ARE SUNTREE TECHNOLOGIES, INC. MODEL # 5-12 AND WILL BE MAINTAINED QUARTERLY. TRENCH DRAINS ARE "BMP"S NOT TO BE PAVED OR ALTERED WITHOUT CITY PERMIT. ASSESSOR'S PARCEL NUMBER: (}J14 ,/>ND SUO' 260-323-18 & 260-324-13 i .;;;.0 n~~CE E: f,r(' 4; ~'<;" . Co )... LEGEND J .3 (~ ~ PROPOSED TRENCH DRAIN SHOWN THUS "'" ~ SPIKE AND WASHER AT ct INTERSECTION OF BIRMINGHAM DRIVE AND VILLA CARDIFF DRIVE ASSUMED ELEVATION: 100.00 v-,;\.) ..,~ " TEMPORARY BENCH MARK <vN ~ 0\.; EXHIBIT B PROPOSED TRENCH DRAINS FOR 820 BIRJIINGHAJI DRIVE l LANDMARK ENGINEERING CORPORATION E 2605 CAMINO DEL RIO SOUTH SUITE 321 C SAN DIEGO. CA 92106 (619) 260-0420 IN 2320 Exhibit "e" SPECIFICATIONS Trench Drain Filter I. Specifications Coverage: The Trench Drain Filter provides full coverage of trench drains, at rated flows, is conveyed to the filter. The filter will retain all windblown and swept debris entering the drain. The Trench Drain Filter is located directly beneath the trench drain grate for direct service/access from the surface. The filter is made to direct water flow from the trench grate through the filter media before entering the trench unit. Non-Corrosive Materials: All components of the filter system, including mounting hardware, fasteners, support brackets, filtration material, and support frame are constructed of non-corrosive materials. The frame is manufactured of marine grade fiberglass, gel coated for UV protection. No polypropylene, monofilament netting or fabrics shall be used. Durability: Filter (exCluding oil absorbent media) and support structures are of proven durability, with an expected service life of 10 to 15 years. The filter and mounting structures are of sufficient strength to support water, sediment, and debris loads when the filter is full, with no slippage, breaking, or tearing. All filters are warranted for a minimum of five (5) years. Oil Absorbent Media: The Filter is fitted with Bio Sorb, an absorbent media for removal of petroleum hydrocarbons from influent, and so placed in the filter assembly to treat influent at rated flow. Absorbent media is easily replaceable in the filter, without the necessity of removing fixed mounting brackets or mounting hardware. Filter Bypass: Water will not bypass the filter inlet contact surfaces at low flows. Pollutant Removal Efficiency: The filter is designed to capture high levels of trash and litter, grass and foliage, sediments, hydrocarbons, grease and oil. The filtered flow maximum capacity is 0.064 cfs per foot. Filter Media Replacement: Removal and replacement of the booms containing the absorbent media is accomplished without the necessity of removing mounting bolts, support frames, etc. Filter Removal: The filter is readily removable from the trench drain for maintenance or replacement without the necessity of removing mounting bolts, support frames, etc. II. Installation Installation: The filter will be securely installed in the trench drain, with contact surfaces sufficiently joined together so that no filter bypass can occur at low flow. All anchoring devices and fasteners are installed within the interior of the drain inlet. Installation Notes: 1. Bio Clean Environmental Services, Inc. inlet filter inserts shall be installed pursuant to the manufacturer's recommendations and the details on this sheet. 2. Inlet filter insert shall provide coverage of entire trench inlet opening 3. The Trench Filter is installed by lifting the grate and inserting the filter so the filter lip sits underneath the grate. The filter is manufactured so the sections overlap each other for easy installation. III. Maintenance Maintenance: The filter is designed to allow for the use of manual or vacuum removal of captured materials in the filter structure. The filter is serviceable manually or by centrifugal compressor vacuum units without causing damage to the filter during normal Cleaning and maintenance. Filters can be cleaned easily by simply removing the grate to expose access to the filter. The hydrocarbon booms then are removed and the trash and debris can be removed from the structure. At each cleaning, new hydrocarbon booms should be installed by placing in the filter. Maintenance Notes: 1. Bio Clean Environmental Services Inc. recommends cleaning and debris removal maintenance a minimum of four times per year, and replacement of hydrocarbon booms a minimum of twice per year. 2. Following maintenance and/or inspection, the maintenance operator shall prepare a maintenance/inspection record. The record shall include any maintenance activities performed, amount and description of debris collected, and condition of filter. 3. The owner shall retain the maintenance/inspection record for a minimum of five years from the date of maintenance. These records shall be made available to the governing municipality for inspection upon request at any time. 4. For maintenance and cleaning remove grate to gain access to inlet filter insert. Where possible the maintenance should be performed from the ground surface. Note: entry into an underground stormwater vault such as an inlet vault requires certification in confined space training. 5. Remove all trash, debris, organics, and sediments collected by the inlet filter insert. 6. Evaluation of the hydrocarbon boom shall be performed at each cleaning. If the boom is filled with hydrocarbons and oils it should be replaced. 7. Transport all debris, trash, organics and sediments to approved facility for disposal in accordance with local and state requirements. 8. The hydrocarbon boom is classified as hazardous material and will have to be picked up and disposed of as hazardous waste. Hazardous material can only be handled by a certified hazardous waste trained person (minimum 24-hour hazwoper).