2009-176383
DO # 2009-0170383
I I I I I I l I I 111111111111111111111111111111111111111111111111111111111 III !
Recording Requested By: ) APR 07, 2009 3:39 PM
) OFFICIAL RECORDS
City Engineer SAN DIEGO COUNTYRECORDER'S OFFICE
D4N.."ID L. BUTLER, CUUNT'Y RECORDER
FEES' 53.00
When Recorded Mail to: ) PAGES: 15
City Clerk
City of Encinitas
505 South Vulcan Avenue )
Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
Assessor's Parcel No. 261-150-45 Project No.: 0386-G
W.O.No.: 05-148 CDP
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 Belmont Village Cardiff, L.P. a Delaware
Limited Partnership
(hereinafter referred to as "Developer") for the benefit of future owners who will use the private
storm water treatment facilities (hereinafter referred to as " Owner(s)", which shall include the
Developer to the extent the Developer retains any ownership interest in any land covered by this
agreement.
This Agreement is intended to replace the Private Storm Water Treatment Maintenance
Agreement recorded in the Office of the County Recorder of San Diego County on May 3, 2007
as Document Number 2007-0304737. The City Engineer of the City of Encinitas authorizes the
voiding of said previously recorded document with the recordation of this Agreement.
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas
(herein referred to as "City") of a development project 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 as described in Exhibit "A"
that will use and enjoy the benefit of said storm water treatment facilities(s), said real property
hereinafter referred to as the "property"; and
WHEREAS, Property use and enjoy the benefit of certain facilities for storm water
treatment and pollution control, said facilities described in Exhibit "B" attached hereto and made
a part hereof, and
WHEREAS, it is the desire of the Developer that said private storm water treatment system
be maintained in a safe and usable condition by the owners in accordance with the minimum
maintenance schedule included as Exhibit "C"; 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 the City of Encinitas
Municipal Code and other related City policies and requirements; 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 FOR VALUABLE CONSIDERATION
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 private storm water facilities shall be constructed by the Owner, its successors and
assigns, in accordance with the plans and specifications identified in the Plan.
3. 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.
4. 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.
5. The repairs and maintenance to be performed under this Agreement shall be limited to the
following: reasonable improvements and maintenance work to adequately maintain said
private storm water treatment facilities in proper working order as determined by
applicable City policies and requirements and to permit access to said facilities. Repairs
and maintenance under this Agreement shall include, but are not limited to, repairing
access roadbeds, repairing and maintaining drainage structures, removing debris,
perpetually maintaining adequate groundcover and/or other erosion control measures
within the private property in order to prevent sedimentation, and other work reasonably
necessary and proper to repair and preserve the private storm water treatment facilities for
their intended purposes and to prevent sedimentation in storm water runoff. The private
storm water facilities shall be maintained regularly as necessary to keep the facilities in
proper working order, with a minimum maintenance frequency of twice annually. In the
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event a maintenance schedule for the Storm Water BMP facilities (including sediment
removal) is outlined on the approved plans, the schedule will be followed.
6. If there is a covenant, agreement, or other obligation for the construction of
improvements 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. The Owner, its successors and assigns, shall inspect the stormwater management/BMP
facility and submit to the City an inspection report annually. The purpose of the
inspection is to assure safe and proper functioning of the facilities. The inspection shall
cover the entire facilities, berms, outlet structure, pond areas, access roads, etc.
Deficiencies shall be noted in the inspection report.
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11. Chapter 11. 12 of the Encinitas Municipal Code outlines in detail the nuisance abatement
process and the City's authority to require correction of any property maintenance
violation that is deemed a public health or safety hazard or threat. The City is authorized
to collect sums as appropriate for recovery of the costs for abatement of any property
maintenance violation should the property owner fail to voluntarily comply.
12. The 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 stormwater
management/BMP 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 directive to commence with the repairs if necessary.
13. In the event the Owner, its successors and assigns, fails to maintain the stormwater
managementBMP 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 and 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 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 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.
14. This Agreement imposes no liability of any kind whatsoever on the CITY and the Owner
agrees to hold the CITY harmless from any liability in the event the stormwater
managementBMP facilities fail to operate properly.
15. 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 9 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.
16. The terms of this Agreement may be amended in writing upon majority approval of the
owners and consent of the City.
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17. 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.
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 time 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.
19. 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.
19. 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.
IN WITNESS WHEREOF, the pa ' s have executed this Agreement
This r,> day of , 2009
Developer: /
Dated: - ' f - )
ignature
PAUL D . G%AA"Pt~AN
EXEGt1TiVE VICE PVE6tDEhIT
A 9E~•p.~,✓a~E. L~H.~T~ ?AeTNE.~SH~P
5
STATE OF TEXAS X
COUNTY OF HARRIS X
On February 10, 2009 , before me Dianna Semon , Notary Public, appeared
Paul D. Chapman , personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
~ ~lll✓Yllllr,/,/llll✓✓Y✓ll✓✓.~Q
IlGANNA SIEMON
( r. ; NOTAM PUBLIC. STATE OF TEXAS t'
Notary Public
y 1 c !r : II COf11"]SS1011 EXPIRES `lll
MARCH 11, 2010
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My Commission Expires: <5////
EXHIBIT `A'
PROPERTY LEGAL DESCRIPTION
APN 261-150-45
3535 MANCHESTER AVENUE
A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER, OF THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH RANGE 4 WEST SAN
BERNARDINO MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA ACCORDING TO THE UNITED STATES GOVERNMENT
THEREOF, AS SHOWN ON RECORD OF SURVEY MAP NO. 19611, RECORDED IN THE
OFFICE OF THE COUNTY RECORDED AS FILE NO.2007-0109982 ON FERBUARY 16,
2007
6
EXHIBIT `B'
PLAT OF STORM WATER POLLUTION CONTROL FACILITIES
APN 261-150-45
3535 MANCHESTER AVE
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SAN DIEGO, CA 92110 BELMONTIT "~VILLAGE
ENGINEERING COMPANY 619.291.0707 (FAX)619.291.4165 CITY OF ENCINITAS DWG #386-G
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EXHIBIT `C'
POST CONSTRUCTION BMP MAINTENANCE SCHEDULE
APN 261-150-45
3535 MANCHESTER AVE
Cleaning and Maintenance Procedures for our Complete Line of Stormwater
Treatment Systems:
CURB INLET BASKET
Maintenance: The filter is designed to allow for the use of vacuum removal of captured materials in the filter basket,
serviceable by centrifugal compressor vacuum units without causing damage to the filter or any part of the mounting and
attachment hardware during normal cleaning and maintenance. Filters can be cleaned and vacuumed from the manhole-
opening. Entering the catch basin to clean the filters is not necessary.
Maintenance Notes:
1. Bio Clean Environmental Services, Inc. recommends cleaning and maintenance of the Curb Inlet Basket a minimum
of two to four times per year or following a significant rain event that would potentially accumulate a large amount of
debris to the system. The hydrocarbon boom should be replaced a minimum of twice per year or at each service as
needed.
2. Any person performing maintenance activities that require entering the catch basin or handling of a toxic substance
have completed the proper training as required by OSHA.
3. Remove manhole lid to gain access to inlet filter insert. The filter basket should be located directly under the
manhole lid. Under normal conditions, cleaning and maintenance of the Curb Inlet Basket will be performed from
above ground surface.
4. Special Note: entry into an underground manhole, catch basin or stormwater vault requires training in an approved
Confined Space Entry Program.
5. Remove all trash, debris, organics, and sediments collected by the inlet filter insert. Removal of the trash and debris
can be done manually or with the use of a vactor truck. Manual removal of debris may be done by lifting the basket
from the shelf, pulling the basket from the catch basin and dumping out the collected debris.
6. Any debris located on the shelf system can be either removed manually from the shelf or can be pushed into the
basket and retrieved.
7. Evaluation of the hydrocarbon boom shall be performed at each cleaning. If the boom is filled with hydrocarbons and
oils it should be replaced. Remove boom by cutting plastic ties and lifting out. Attach new boom to basket with
plastic ties through pre-drilled holes in basket.
8. Place manhole lid back on manhole opening.
9. Transport all debris, trash, organics and sediments to approved facility for disposal in accordance with local and state
requirements.
10. The hydrocarbon boom with absorbed hydrocarbons is considered hazardous waste and needs to be handled and
disposed of as hazardous material. Please refer to state and local regulations for the proper disposal of used motor
oil/filters.
11. 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.
12. 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.
13. Any toxic substance or item found in the filter is considered as hazardous material and can only be handled by a
certified hazardous waste trained person (minimum 24-hour hazwoper).
GRATE INLET SKIMMER BOX
Maintenance: The filter is designed to allow for the use of vacuum removal of captured materials in the filter basket,
serviceable by centrifugal compressor vacuum units without causing damage to the filter or any part of the mounting and
attachment hardware during normal cleaning and maintenance. Filters can be cleaned and vacuumed from the grate
inlet.
Maintenance Notes:
1. Bio Clean Environmental Services Inc. recommends cleaning and debris removal maintenance a minimum of two to
four times per year or following a significant rain event that would potentially accumulate a large amount of debris to
the system. The hydrocarbon boom should be replaced a minimum of twice per year or at each service as needed.
SPECIFICATIONS
BioSorb Hydrocarbon Booms
1. Specifications
Coverage: When properly installed BioSorb Hydrocarbon Booms provide sufficient contact time, at rated flows, of
passing contaminate water. The BioSorb material will capture and retain all hydrocarbons that are absorbed into its
physical structure. The BioSorb material is made of a proprietary polymer based beads. The material is usually
contained within booms or pouches. The booms and pouches are made of 100% polyester netted fabric with sieve
openings of 1 mm, open area ratio is approximately 67%. These booms and pouches can be used in an array of
different treatment devices, including but not limited to flume filters, trench drain filters, downspout filters, catch
basin inserts, water polishing units, and hydrodynamic separators.
Non-Corrosive Materials: Both the BioSorb material and the boom and pouch netting are non-corrosive
materials.
Durability: The BioSorb and netting material have been chosen for their proven durability, with an expected life of
5 plus years. The BioSorb and netting are of sufficient strength to support water, sediment, and debris loads when
the media is at maximum absorption capacity; with no slippage, breaking, or tearing. The BioSorb has been tested
through rigorous flow and loading conditions.
Oil Absorbent Media: The BioSorb has been proven to absorb up to 180% of it weight within 300 second contact
time. At this absorption percent the physical increase in the size of the BioSorb granules is not more than 50%. This
minimal increase in physical size in relation to the high absorption capacity is due to the BioSorb material being
highly porous with large amounts of void areas within its structure. The flow through the media boom, assuming
50% blockage is to be greater than the physical flow through the filter device. This information can obtained from a
Bio Clean representative, if the BioSorb Boom is used within a Bio Clean Filter System.
Pollutant Removal Efficiency: The BioSorb is designed to capture high levels of Hydrocarbons including but not
limited to oils & grease, gasoline, diesel, and PAHs. The granule nature of the material, with approximately
2000mm sized granules also has the physical ability to block and filter trash and litter, grass and foliage, and
sediments.
Replacement: Removal and replacement of the booms containing the absorbent media is simple. Remove boom
from filtration system. Replace with new boom of equal size.
II. Installation
Installation: The BioSorb Boom will be securely installed in the filter device, with contact surfaces sufficiently
joined together so that no filter bypass can occur at low flow.
Installation Notes:
1. Bio Clean Environmental Services, Inc. BioSorb Boom shall be installed pursuant to the manufacturer's
recommendations and the details on this sheet.
2. BioSorb Boom shall provide coverage of the incoming stormwater at the specified flow rate, based upon
application and the device in which the boom is used in.
3. The BioSorb Boom is installed by removing the old boom and replacing it with a new boom.
III. Maintenance
Maintenance: The BioSorb boom is made to be used for period that is determined by the amount of hydrocarbon
loading present in each installation. The Boom is easily removable from most filer devices. At each cleaning, new
hydrocarbon booms should be installed by placing in the filter if deemed necessary by service crews.
Maintenance Notes:
1. Bio Clean Environmental Services Inc. recommends cleaning and debris removal maintenance a minimum of
four times per year, and replacement of BioSorb 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 old boom and replace with new boom. 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 filter prior to removal and replacement of the
BioSorb Boom.
6. Evaluation of the BioSorb Boom shall be performed at each cleaning. If the boom is filled with hydrocarbons
and oils it should be replaced. The color of the boom material is the best indication of the amount of
hydrocarbons present in the BioSorb material. The darker the color the more impacted the BioSorb material.
7. Transport all debris, trash, organics and sediments to approved facility for disposal in accordance with local and
state requirements.
8. The BioSorb boom may be 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).
B10 CLEAN (O Box 869, Oceanside, 92049
(760 433-7640 Fax (760) 43 433-3176
ENVIRONMENTAL SERVICES, INC. www.biocleanenvironmental.net
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