2012-40263Recording Requested By,
City Engineer
e When Recorded Mail to
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
Data zoiz-ooaozsa
IIIIIIIIIIIIIIIIIIIIYWIIIIIIIIIIIIIIIIIItlllllllllllllllllll
JAN 24, 2012 4:07 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr , COUNTY RECORDER
FEES 40.00
PAGES: 9
FOR RECORDER'S USE
AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND
STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER
APN 216-410-25 Project No 04-066 TM
(9336-G)
Site Address 1904 Sheridan Road (Lot 1)
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and Shea Homes Limited Partnership, a California limited
partnership, its heirs. successors, and assigns, collectively hereinafter referred to as "Owner",
owner(s) of that certain real property hereinafter referred to as "Property" that is described in
Exhibit "A", which is attached hereto and made a part hereof This Agreement is for the
periodic Maintenance of certain private stormwater treatment and pollution control facilities,
hereinafter referred to collectively as "Stormwater Facilities" Stormwater Facilities include but
are not limited to Best Management Practices (BMPs), Integrated Management Practices
(IMPs), Low Impact Development (LID) features, Structural stormwater treatment devices, and
drainage facilities The description and plat of Stormwater Facilities is set forth in Exhibit "B",
which is attached hereto and made a part hereof
WHEREAS, this Agreement is required by the City as condition of approval of a City
permit pursuant to City of Encinitas Municipal Code Chapter 20 08 and Chapter 23.24 as well
as the City of Encinitas Stormwater Manual, and
WHEREAS, the Stormwater Facilities benefit said Property and are used by Owner;
WHEREAS, the Property benefits and uses the Stormwater Facilities, which are
described in Exhibit "B", and
WHEREAS, it is the desire of the City and the responsibility of the Owner that
Maintenance of said Stormwater Facilities occur on a regular and periodic basis as necessary
101735002.2 / 24426-00075
Seaside / Lot 1
Stormwater Facilities Maintenance Agreement
to preserve the Storm Water Facilities in good-working order in accordance with the minimum
Maintenance requirements set forth in Exhibit "C", which is attached hereto and made a part
hereof, and in accordance with the City of Encinitas Municipal Code, the Encinitas Stormwater
Manual, and other related City policies and requirements, and
WHEREAS, it is the intention of the Owner and the City that this Agreement constitute
a covenant running with the land, binding upon each successive owner of all or any portion of
the Property into perpetuity
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS
FOLLOWS
This agreement establishes the Owner's Maintenance requirements for the Stormwater
Facilities The term "Maintenance" wherever capitalized in this agreement shall include,
but shall not be limited to, inspection for purposes of identifying operational deficiencies
in the Stormwater Facilities, routine upkeep and repair of the Stormwater Facilities in
proper working order as determined by the City, and preparation and submittal of the
annual inspection report to the City, all as set forth in subparagraph 1 i) through 1 iii)
The Owner shall inspect the Stormwater Facilities after all major storms In
addition, the Owner shall inspect the Stormwater Facilities at the minimum
frequency specified in Exhibit "C", but not less than twice per year
ii) The Owner shall provide upkeep and repair to preserve the Stormwater
Facilities in good working order and shall repair all deficiencies identified in the
Owner's inspections no later than 30 days following the inspection or prior to the
next anticipated rain event. Interim water quality control measures shall be
utilized to protect damaged or deficient Stormwater Facilities during any storm
event until such time as the Facilities are restored to good working order The
minimum upkeep and repair frequency shall be consistent with the Exhibit "C"
but not less than once per year. To the satisfaction of the Director of
Engineering Services, the Owner shall ensure that the Stormwater Facilities are
in proper working order for the rainy season, which starts on October 1
iii) The Owner shall obtain the City of Encinitas Stormwater Inspection Report form
from the City website or the City of Encinitas Civic Center, complete the
inspection report form, and submit the inspection report to the City of Encinitas
Department of Engineering Services Prior to the submittal of the inspection
report to the City, the Owner shall perform an inspection of the Stormwater
Facilities, identify deficiencies, and repair and correct all deficiencies The
inspection report shall be submitted to the City once a year between August 1
and September 30
2. The Property is benefited by this Agreement, and 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 Any heirs, executors,
administrators, assignees, and/or successors in interest to all or any portion of the
Property, by acceptance of delivery of a deed and/or conveyance regardless of form,
shall be deemed to have consented to and become expressly bound by these
101735002.2 / 24426-00075 2
Seaside / Lot 1
Stormwater Facilities Maintenance Agreement
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 12 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.
3 The Stormwater Facilities shall be constructed by and have Maintenance performed by
the Owner in accordance with the terms and conditions of this agreement and the plans
and specifications identified in approved Grading Plan Number 9336-G, which is on file
as a permanent public record in the City of Encinitas
4 The cost and expense of Maintenance of the Stormwater Facilities shall be paid by the
Owner
5 In the event the Property is subdivided in future, the owners, heirs, assigns, and
successors in interest of each such newly created parcel(s) shall be liable under this
Agreement for their then pro rata share of expenses reflecting such newly created
parcels
6 The Maintenance to be performed under this Agreement shall include upkeep, repair,
and improvements to adequately ensure the Stormwater Facilities are in proper
working order as determined by the City Upkeep, repair, and improvements under this
Agreement shall include, but are not limited to, repairing access roadbeds, repairing,
preserving, and providing improvement for the upkeep of drainage structures, removing
debris, sediment, oil, grease, and other pollutants as determined by the City;
perpetually preserving adequate groundcover and/or other erosion control measures
within the Property in order to prevent erosion; and the management of materials,
pollutants, and hazardous waste to prevent pollution of the stormwater system or
Municipal Separate Stormwater Sewer System (MS4) as referenced in local and State
codes Upkeep, repair, and improvement shall also include other work necessary to
repair and preserve the Stormwater Facilities for their intended purposes as well as the
restoration of the Stormwater Facilities following any non-permitted modification The
restoration shall be as required to restore the Stormwater Facilities to the condition
existing prior to damage or alteration
7 Any liability of the Owner for personal injury to any worker employed to provide
Maintenance under this Agreement, or to third persons, as well as any liability of the
Owner for damage to the property of any third persons, as a result of or arising out of
Maintenance under this Agreement, shall be borne by the Owner
8 Owner shall jointly and severally defend, indemnify, and hold harmless the City, City's
engineer, 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 any
contractor, any subcontractor, any user of the Stormwater Facilities, or to any other
third persons arising out of or in any way related to the use, Maintenance, or the failure
to provide Maintenance, of the Stormwater Facilities 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 Facilities fail to operate
properly
101735002.2 / 24426-00075 3
Seaside / Lot 1
Stormwater Facilities Maintenance Agreement
9 Nothing in this Agreement, the specifications, other contract documents, the City's
approval of the plans and specifications, or the City's inspection of the work constitutes
an acknowledgement of any City responsibility for any such item or the material
contained therein, and the City, City's engineer, its consultants, and each of its officials,
directors, officers, employees and agents, shall have no responsibility or liability
therefor
10 The Owner shall provide access to the Stormwater Facilities within the Property to
City's inspectors, employees, agents, and contractors within 48 hours of receipt of a
written notification by the City The access shall be provided unconditionally and
without any obstruction, interference, or hazard Any animals kept on the Property shall
be secured outside of the area subject to the City's inspection
11 The Owner hereby grants permission to the City, its authorized agents, and its
employees, to enter upon the Property and to inspect the Stormwater Facilities
following a 48-hour notice whenever the City deems necessary The purpose of
inspection is to evaluate the condition and performance of the Stormwater Facilities, to
follow-up on reported deficiencies, to respond to citizen complaints, and/or to comply
with State and City requirements for City inspection of such facilities. The City shall
provide the Owner with copies of the inspection findings and a directive to commence
with any repairs deemed necessary
12 In the event the Owner fails to maintain the Stormwater Facilities in good working
condition as determined by the City Engineer, the City, its agents, employees, or its
contractors, may enter upon the Property and take the steps deemed necessary to
correct deficiencies and shall charge the costs of such repairs to the Owner In the
event the City pursuant to this Agreement, performs work of any nature, or expends
any funds for attorney's fees, administrative costs, contractors, employees,
consultants, materials, or other costs in the performance of said work, the Owner shall
reimburse the City in full Such reimbursement shall be due within thirty (30) days of
receipt of a notification for all costs incurred by the City, including any administrative
costs and attorney's fees If said funds are not paid by Owner within (30) days, City
reserves the right to take legal action for cost recovery and to file with the County
Recorder of San Diego County an assessment lien on the Property It is expressly
understood and agreed that the City is under no obligation to maintain or repair said
Stormwater Facilities, and in no event shall this Agreement be construed to impose any
such obligation on the City
13 The terms of this Agreement may be amended in writing following Owner's request and
upon written approval by the City Engineer
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.
101735002.2 124426-00075
Seaside / Lot 1
Stormwater Facilities Maintenance Agreement
IN WITNESS HEREOF, the parties have executed this Agreement.
OWNER.
Shea Homes Limited Partnership, a
California ' i ed pa ship
17,
By. Nam K rg , r
Its Authorized Agent
By J,4,-7-AZ ,Gvy11,, l
N a e I4 a,12 w e:,cc a CM~t 0
Its Authorized Agent
cv►" % 0 ~Q 0 1 a
Date
Signature of OWNER must be notarized Attach the appropriate acknowledgement.
CITY OF.Fe 1NITAS
0)-a ren A. Watt Date
Public Works Director
101735002.2 / 24426-00075
Seaside / Lot 1
Stormwater Facilities Maintenance Agreement
STATE OF CALIFORNIA
COUNTY OF &a/,,x
On ~ow, t o . ao 1 a. ,before me, _ \ a Q Notary Public,
personally appeared ~c~-~\~-, ~cv►vcQ
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
isLare subscribed to the within instrument and acknowledged to me that heAg"Ahey executed
the same in her/their authorized capacity(ies), and that by I/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 PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
PATTY RIVAS
WITNESS
r~n y hand and official seal tDIENOTARC0 960"0
SAN COON ORNIA C
Commission Nov 13, 2015
Signature V ' (Seal)
STATE OF CALIFORNIA
COUNTY OF 6*
On / 2 before me ",3 /~c w~cJ2 Notary Public,
personally appeared
Rio proved to me on the basis of satisfactory evidence to be the perso s) whose name(s)
Cjsfare subscr' d to the within instrument and acknowledged t e that e/ he/they executed
the same i Ji er/their authorized capacity(ies), and that b his/ er/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 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
Signature t .
0 +M~...
My C<
RANDA GAIL MILLJOUR
Commission #19161(1)
Notary Public - Califorma~j
San Diego County A
~mmission Exp. Jan. 6, 2015
101735002.2 / 24426-00075 6
Seaside / Lot 1
Stonnwater Facilities Maintenance Agreement
EXHIBIT "A"
Legal Description of Property
LOT 1 OF CITY OF ENCINITAS TRACT NO 04-066, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO 15091, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, ON SEPTEMBER 6, 2005
101735002.2 124426-00075 EXHIBIT "A"
Seaside / Lot 1
Stormwater Facilities Maintenance Agreement
E)Mff nBu
DESCRIPTION AND PLAT OF STORMWATER FACILITIES
LEGEND
UNIT NUMBER
SEWER LATERAL
QS
BACKFLOW PREVENTER
(SEWER)
WATER LATERAL/BACKFLOW WO
PREVENTER
WATER BLOW OFF
FIRE HYDRANT
H~
AIR VACUUM RELEASE
■
AREA DRAINAGE SYSTEM
DRAINAGE SWALE
-
PRIVATE AREA
DRAINAGE SYSTEM
CURB OUTLET
10
AC PAD
UTILITY HANDHOLE
r,❑
CABLE TV PEDESTAL
TELEPHONE PEDESTAL
0
SDG&E TRANSFORMER
❑
CONCRETE STOOP
❑
CONCRETE STEPS
CONCRETE WALKS
AND DRIVEWAYS
GATE
I1
MAILBOX
p
STREET LIGHT
o--~
STREET SIGN
t
STREET TREES
(PLANTABLE AREA)
WOOD FENCE
X
RETAINING WALL
SLOPE
LOT LINE
HOMEOWNER MAINTAINED
LANDSCAPE AREA IN
PUBLIC RIGHT-OF-WAY
HOMEOWNER MAINTAINED
GRAVEL PAVE SWALE TO BE
MAINTAINED BY THE
HOMEOWNER AND SHALL NOT
BE MODIFIED UNLESS A
PERMIT IS OBTAINED FROM
THE CITY OF ENCINITAS
HOMEOWNER MAINTAINED
D.G. TRAIL
R ~N
IOU 9
N.T.S.
ooaaar~~t:~c,aoaa:~an
NOTE.
w
J
;Z
wa
w
¢o
w=
31Z
wa
vi x
1-4
BIORETENTION AREA TO BE
MAINTAINED BY THE ANY WORK IN THE CITY OF
HOMEOWNER AND SHALL NOT ENCINITAS RIGHT OF WAY,
BE MODIFIED UNLESS A EXCEPT FOR ROUTINE
PERMIT IS OBTAINED FROM MAINTENANCE REQUIRES
THE CITY OF ENCINITAS A PERMIT FROM THE CITY
Shea Homes, L+p 999 D EGO CAM ROAD LOT 1
SAN
92121 SEASIDE
ASmDiego Dividon (858) 526-6500 ENCINITAS. CA
rn
v
rn
0
LO
0
J O
O
L In
U r
fB
W
L
~ rn
O
a) a
ca
U
O
a
N O
m V)
~ w
m v
r+r N
= LL
~ O
(D C)
x "
LO
W >
>E
O r-
U1 O
O
O r
a)
U
C
f6
C ~
C O
LO
r
O
O
rn
0
LO
c w a)
X3`0
I N
c
O 'D
v
c
a>
tn CU
CL a) y V Q
m O ,O 12 000
2 Fn 0w0
as
c
R
c
r
c
a)
O
C
L '
a)
C 0)
O
C
a)
a)
E O Q'
'
m
cr
C
O
(0
O
C
d
C
r
0~
y
O
w
I6
o
.0 a?Y
3
>
Y
a
'm
oa`W
0
2
Oa
f
G
w