2013-682738 D O C ## 2013-0682738
III 11111111111111111111111111111111111111111111111111111111 IN
,..- NOV 19, 2013 3:47 PM
Recording Requested By: OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr.,COUNTY RECORDER
City Engineer FEES: 46.00
PAGES: 11
When Recorded Mail to:
City Clerk ���������������������������������������������������1111111111111111111111111 IN IIII
City of Encinitas
505 South Vulcan Avenue
Encinitas CA 92024
SPACE ABOVE FOR RECORDER'S USE
L ��'1 AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND
� STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER
APN: 262-031-13 Planning Case #: 11-175 CDP
Grading Plan: 11366-G
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and RICKY W. AND TAMARA. J. BACKUS, CO-
TRUSTEES OF THE RICKY W. BACKUS AND TAMARA J. BACKUS FAMILY TRUST
DATED APRIL 23, 2008, 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 a 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; and
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 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:
1) 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).
i) 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 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 13 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 11442-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 the 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 for 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.
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 therefore.
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)ln 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.
IN WITNESS HEREOF, the parties have executed this Agreement.
OWN
Ricky W. Backus, Owner Date
Tamara J. Bac s, Owner Date
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
/V /1/1 1 / si 13
�r Glenn Pruim Date
Engineering / Public Works Director
i
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of SAN 016-6.0
On O CT 2, 2013 before me, .SOS&-PIS G Y014 4 S A M07-4 Y
(here insert name and title of the officer)
personally appeared R Ck WAVAIG- BACIZUS zm-fwA JEANE $4Gr-US
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 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. JOSEPH C. YUHAS
Commission#F 1963940
WITNESS my hand and official seal. Notary Public-California
San Diego County
My Comm.Ex Tres Dec 16,2015
ature of Notary Public (Seal)
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r..APA vl2.10.07 800-873-9865 www.NotarvClasses.com
EXHIBIT"A"
A PORTION OF LOT 8 OF BLOCK C OF PALOMARES HEIGHTS AS PER MAP NO. 2114 THEREOF IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 8,THENCE NORTH 89°38'39" WEST ALONG THE
NORTHERLY LINE OF SAID LOT 8, 248.91 FEET TO A POINT;THENCE SOUTH 2°09'27" EAST ALONG A LINE
PARALLEL WITH THE EASTERLY LINE OF SAID LOT 8, 175.17 FEET TO A POINT IN THE SOUTHERLY LINE OF
SAID LOT 8;THENCE SOUTH 89°38'39" EAST ALONG THE SAID SOUTHERLY LINE 248.91 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 8;THENCE NORTH 2°09'27" WEST ALONG THE EASTERLY LINE OF SAID
LOT 8, 175.17 FEET TO THE POINT OF BEGINNING.
E 11' 'B '
STORM WATER ALUNTENANCE AGREEMENT
� a
DESIGNATED
BIARETEWTI f
1 BhP AFEA y 1 I
PROPOSED RESIDENCE
APN 262-031-13
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Exp. 12/31/13 a
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SCALE: 1"=40' q� OF CAS-1�� SHEET 1 OF 2
EXHIBIT 'B '
STORM WATER MANTENANCE AG
MELL-ORADED SOILS OR
CITY APPROVED EQUIV.
2" HARDN= MLLGN
COVER OR CITY
APPROVED EQUIVALENT
EIVGAETO SOIL
SEE NOTE BELOW
d °
R OF 318" GRAVEL
Q
i'
_ - - 18" OF 314" GRAVEL
* BIAF WION UrDffRED SOIL" LAYER SHALL BE MINDM 24" DEEP
SANDY LOAM" SOIL MIX WITH NO MOB THAN 5% CLAY CONTENT. THE MD(
SHALL CONTAIN 50-60.- SM& 20-30% aWOST OR HARnhnOSD MLLCK AND
20-30% TO'SOIL, FREE OF SMES4 STLM°S, ROOTS OR SIMILAR OBLECT%
AND ALSO FREE OF NOXIOUS NEEDS.
BIORE ON DETAIL
NTS
Q�pFESSIA
CNAEC
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w m No. 71651 o m
Exp. 12/31/13
CIVIL
OF CALIF
SHEEN 2 OF 2
EXHIBIT `C'
Minimum Maintenance Requirements for Stormwater Facilities
Bioretention Areas
To preserve bioretention performance,the cells must be maintained. Like any landscape
feature, bioretention areas must be pruned, mulched, and even initially watered and
limed. Grassed bioretention cells are usually mowed. The need for rapid establishment
requires bioretention cells to be limed, if indicated by a soil test. Additionally, plants may
need to be spot-fertilized to ensure growth and survival in low P soils. Watering the
plants every 2 to 3 days for a month or two helps ensure vegetation survival. The
frequency of these tasks varies seasonally, with more frequent maintenance required in
summer than in winter. Maintenance tasks unique to bioretention include occasional
removal of mulch and the top layer of fill soil. Because clogging occurs most frequently
at the top of the soil column,the bioretention basin rarely needs to be completely
excavated. However, this has been necessary when the bioretention cell was located in an
unstable drainage area.
BIORETENTION MAINTENANCE TASKS
Task Frequency Maintenance Notes
Pruning 1 - 2 times/year Nutrients in runoff often cause
bioretention vegetation to flourish.
Mowing 2 - 12 times/year Frequency depends upon location
and desired aesthetic appeal
Mulching 1 - 2 times year
Mulch accumulation reduces
available water
storage volume. Removal of mulch
Mulch Removal 1 time/2 - 3 years also increases
surface infiltration rate of fill soil.
1 time/2 - 3 days for first If droughty, watering after the
Watering 1 - 2 months. Sporadically initial year may be required.
after establishment.
One time spot fertilization for"first
Fertilization 1 time initially year" vegetation.
Within the first year, 10 percent of
Remove and Replace 1 time/year plants may die.
Dead Plants Survival rates increase with time.
Tasks include trash collection, spot
Miscellaneous 12 times/year weeding,
and removing mulch from overflow
Upkeep device.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
�i�aO
County of C/`V� SS.
On �— 1 2013 before me, r ►M 01 1, Notary Public,
t-
DATE p,�
personally appeared �hGgl 1 V`0.heY_ 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 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 PENALTY OF PERJURY under the
laws of the State of California that the foregoing
ANGELA A. SIMON paragraph is true and correct.
N ruCo►w.1t 2009314 N
Homy eu -WOW
W ow
O o�O cm ,,
► caw. FO C WITNESS my hand and official seal.
6W?CNOTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLES)
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) RIGHT c
THUMBPRINT
OF
SIGNER
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