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2013-653112 D O C # 2013-0653112 i IIIIII�I III IIIIIIIIIIIIIII IIIII IIIII IIIII IIIII Illll IIIII IIIII IIII IN 0� OCT 31 C , 213 12:31 PM OFFICIAL RECORDS Recording Requested By: SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr., COUNTY RECORDER FEES: 46.00 City Engineer 8 PAGES: 11 When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND 1i STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER APN: 262-061-73 Planning Case #: 12-091 MIN/CDP Grading Plan: 11554-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and BURTECH REAL ESTATE INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 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 8904 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. 8005 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 11554-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)1 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. 8906 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 8907 I" 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. OWNER: Dominic B , O ner Date Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINITAS: 13 Glenn Pruim Date Engineering / Public Works Director 8908 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - ���?crcr.�.e�'tic'�sY'��.M.crc=�.c=c.c�.�-t.cr,�rc-rcrr-�.n State of Califpmta County of On - 1-3 befor A thur P.Arquiflia,Notarp Publk ate ere Iris 1 Name and ille of the OncCer ' personally appeared ame(s)o Signers) 1 r who proved to me on the basis of tisfactory evidence to be the person(s) whose name(s is re subscribed to the w( instrument and ackno ed to me that 0 FtClAL SEAL e/ e/they executed the same i er/their authorized ARTHUR P AROUILLA capacity(ies), and that b his/ NOTARY PU r/their signature(s) on the BLIC•CALIFORNIA� COMM.NO.1872932 instrument the person(s), or the entity upon behalf of SAN DIEGO COUNTY which the person(s) acted, executed the instrument. ,,.., MY COMM.EXP.JAN.71 2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha a d official se Place Notary ignature y Seal ADOVe Signature Notary P lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons r lying on th ocurnent and could prevent fraudulent removal and reattachment of this form to anothe nt. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: �V wl ts/ Othul 1 Ilan Narned Above. Capacity(ies) Claimed by Signer(s) Signer's Narne: Signer's Name: ❑ Individual Individual C Corporate Officer—Title(s): = Corporate Officer—Title(s): [-j Partner—r] Limited C General = Partner—❑ Limited E. General ❑ Attorney in Fact - Attorney in Fact ❑ Trustee Top of thumb here Trustee Top of thumb here C Guardian or Conservator Guardian or Conservator C Other: = Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,PO.Box 2402-Chatsworth.CA 91313-2402-wvw NationalNotary.org Item x5907 Reorder Can Toll-Free 1.800-876.6827 8J09 EXHIBIT "A" LEGAL DESCRIPTION: THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 4 WEST, S.B.M. IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING SOUTHERLY OF THE CENTER LINE OF THE COUNTY ROAD KNOWN AS MANCHESTER AVENUE, ROAD SURVEY NO. 426 ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY, STATE OF CALIFORNIA. B9i0 EXHIBIT "BA PAGE 1 OF 2 PAGES DESCRIPTION AND PLAT OF STORMWATER FACILITIES': BIORETENTION BASIN - FLOW THROUGH PLANTER IS DESIGNED TO TREAT AND DETAIN RUNOFF WITHOUT ALLOWING SEEPAGE INTO THE UNDERLYING SOIL. IT CAN BE USED NEXT TO BUILDINGS AND OTHER LOCATIONS WHERE SOIL MOISTURE IS A POTENTIAL CONCERN. A FLOW THROUGH PLANTER TYPICALLY RECEIVES RUNOFF VIA DOWN SPOUTS LEADING FROM THE ROOF OF AN ADJACENT BUILDING, PIPED TO THE PLANTER CONSTRUCTED AT GROUND LEVEL OR IT CAN INTERCEPT SHEET FLOW FROM THE SURROUNDING AREA. POLLUTANTS ARE REMOVE AS THE RUNOFF PASSES THROUGH THE SOIL AND GRAVEL LAYERS AND IS COLLECTED IN AN UNDERLYING LAYER OF GRAVEL OR DRAIN ROCK. A PERFORATED PIPE UNDERDRAIN MUST BE DIRECTED TO A STORM DRAIN OF OTHER DISCHARGE POINT. AN OVERFLOW INLET CONVEYS FLOWS THAT EXCEED THE CAPACITY OF THE PLANTER. RETENTION AREA SHALL BE LEVEL AND DEPRESSED A MIN. OF 6" FROM THE SURROUNDING GRADE DEEP ROOTED, DENSE, DROUGHT TOLERANT PLANTING SUITABLE FOR WELL DRAINED SOIL 18" SQ. GRATED INLET (OVERFLOW INLET) SEE DETAIL A" SHEET 2 2' WIDE CONCRETE EDGE AROUND INLET FOR EASE OF SILT REMOVAL 2-3" HARDWOOD MULCH IN FLOW PIPE (SEE PLAN) N N - 11==_ EXISTING 11=III-III-III- - GRADE 1=III=III-III-III-III=III- - I=1111=I - I i 1=1 i 1=1 i I I 1=1 1 11 I I-III-I 11=1 I I 1=1 1 11 11=1 11=_ I i 1=1 i 1=1 i 1-1 i I=1 i 1=1 i 1=111=1 i 1=1 i 1=1 i 1=i N 1=III=1111-11=- 11=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1-I 1 1 1=1 i 1-I i 1 I I I1 I-1 11=1 11=1 I I-1 I I I I I1 I -1 I -1 I I 1 1-1 I-1 1=1 i 1=1 i 1=I i I-I i 1=1 1=I 1=I 1-1 =1 11-1 1 I-11 _ - = 1 I=ITI=II=111=1 I-1 1-1 1-1 I-I 1-1111=1 1 L = _ =11 I-I I-I 1-ITI-1 I-1 I=1 1=ITi=1 1=1 I=1 1�1=1�I=ITi ITi-ITi-I�1=ITI=1111=1111=1�1=1111=ITi=1�1=I i=1 1-1 1=11 11=1 I 1=1 I 1=1 I 1=1I El 111=1 I I-1111=1 1 1=1 I 1=1 I I =1111=1 1=IIIE1Ti=1111. 1=ITi-1 I-ITi=111-1111-ITi-1111=Ti-ITI-1111-ITi-1 1-ITI-Ti-11-1111=Ti=ITi=Ti=Ti=ITi=ITi-ITi=1111-ITi-ITi=ITi=ITi=1111=ITi=1111=111 111-111-111-I�1=1�1-1�1-1�1=I�1-I�1-1�1 I�1-i�1-11_I�1-ITi-1111-ITi=Ti-1111=1111=Ti=1111=111 I=Ti=1111=1111=ITI=1111=ITi=111_1=1 1=1111-ITI-ITi=1111=1111=1111=I I I=1111=1111=1 I=1111=1�I 1�1=1111=Ti=1111=ITI=ITi=1111=1111=ITi=1111=ITI=Ti=111=111_1-11=1111=1�1=ITi TIE 4" PERFORATED PVC 8" PVC PIPE TO DAYLIGHT PIPE INTO RISER PLACE PIPE WITH PERFORATIONS AT THE INVERT NOTES: 1. BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24" DEEP "SAND LOAM" SOIL MIX WITH NO MORE THAN 59 CLAY CONTENT, THE MIX SHALL CONTAIN 50-60% SAND, 20-30% COMPOST OR HARDWOOD MULCH, AND 20-30% TOPSOIL. 2. GRAVEL BASE SHALL BE 314 CRUSHED ROCK LAYER WITH A MINIMUM OF 12" DEEP. MAY BE DEEPENED TO INCREASE THE INFILTRATION AND STORAGE ABILITY OF THE BASIN. 3. THE EFFECTIVE AREA OF THE BASIN SHALL BE LEVEL AND SHALL BE SIZED BASED ON ENCINITAS STORMWATER MANUAL CALCULATIONS. TYPICALLY, THE SURFACE AREA OF THE BIORETENTION BASIN IS 49 OF THE IMPERVIOUS AREA DRAINING TO IT. 8911 EXHIBIT 'B' / PAGE 2 OF 2 PAGES � I SCALE 1" = 100' BIORETENT16N BASIN \ 20' X50' BIORETENTION BASIN \ 10' X 14' \ o 0 =- SEE CITY OF ENCINITAS GRADING PLAN DWG. NO. 11554-G 1 8912 EXHIBIT "CT MINIMUM MAINTENANCE REQUIREMENTS FOR STORM WATER FACILITIES• MAINTAIN VEGETATION AND IRRIGATION SYSTEM; INSPECT QUARTERLY AND AFTER STORMS TO ENSURE STRUCTURAL INTEGRITY AND THAT PLANTER HAS NOT CLOGGED. REMOVE DEAD PLANTS AND OTHER DEBRIS FROM PLANTER AREA. THE USE OF PESTICIDES AND QUICK-RELEASE SYNTHETIC FERTILIZERS SHALL BE MINIMIZED, AND THE PRINCIPLES OF INTEGRATED PEST MANAGEMENT (IPM) FOLLOWED. 1 5913 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County ofl'� On OY �, "20/3 before me, eJ dl z. �-1!C_C 70 U/2, �07191P`2 PU�GIC Date { , Here Insert Name and Title of the Officer personally appeared 12 N !�` /e Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed to the within instrument and acknowledged to me that he/ he/they executed the same in is r/their authorized capacity(ies), and that by 3 RANDA GAIL MILLJOUR is r/their signature(s) on the instrument the Commission#1 91 6144 A person(s), or the entity upon behalf of which the t - t Notary Public California person(s) acted, executed the instrument. > San Diego County ? My Commission Exp. Jan. 6, 2015 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: Place Notary Seal Above nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 4 Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: L Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — _ Limited General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907