2014-279348 D O C # 2014-0279348
111111111111111111111111111111111111111111111111111111 IN
JUL 03, 2014 2:25 PM
n OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Recording Requested By- Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 4700
�C0 City Engineer PAGES: 11
When Recorded Mail to 111111111111111 IN IN
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
L AND STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNERS
APN: 260-402-06, 260-402-18, Planning Case #- 07-167 DR/CDP
& 260-402-19 Grading Plan 11828-G
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and TAILWIND BUILDING SPECIALTIES LLC. A
CALIFORNIA LIMITED LIABILITY COMPANY, its heirs, successors, and assigns,
collectively hereinafter referred to as "Own r", owner(s) of that certain real property,
hereinafter referred to as "P rope rty"/"Properti s", 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 requirement 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 Ownler'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 Storrwater 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 aid 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 of-der for the rainy season, which starts on
October 1
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 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 constr cted by and have Maintenance performed
by the Owner in accordance with the ter s and conditions of this agreement and the
plans and specifications identified in appr ved Grading Plan Number 11828-G which
is on file as a permanent public record in he City of Encinitas
4) The cost and expense of Maintenance of the Stormwater Facilities shall be paid by
the Owner and collectively by all future Owners of the subject properties
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 Stormwater Facilities shown in Exhibit "B" are for the benefit of all of the
Properties described in Exhibit "A" ands all be maintained jointly by all subsequent
Owners, successors, and assigns of any of the Properties or portion of the
Properties The Owner, it successors, a d assigns agree to let other future Owners
of the other properties in this Agreement o enter upon the Property as necessary to
maintain and inspect the joint use Stor water Facilities as needed to satisfy this
Agreement.
7) 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 byte 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
8) 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
9) 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 u:;er 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 this 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 toe event the Stormwater Facilities fail to
operate properly
10)Nothing in this Agreement, the specificalions, 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, Gity's engineer, its consultants, and each of
its officials, directors, officers, employees and agents, shall have no responsibility or
liability therefore
11)The Owner shall provide access to the Stormwater Facilities within the Property to
City's inspectors, employees, agents, anc 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
12)The Owner hereby grants permission to the City, its authorized agents, and its
employees, to enter upon the Propert y and to inspect the Stormwater Facilities
following a 48 hour notice whenever th a City deems necessary The purpose of
inspection is to evaluate the condition and performance of the Stormwater Facilities,
to follow-up on reported deficiencies, tc 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 f the inspection findings and a directive to
commence with any repairs deemed nec ssary
13)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 thle 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
14)The terms of this Agreement may be am nded in writing following Owner's request
and upon written approval by the City Engineer
15)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-
(A
Daniel C%c t_jks%< Date
Tailwind Building Specialties, 4L
Signature of OWNER must be notarized Attach the appropriate acknowledgement.
CITY OF ENCINITAS
-7/ ,Z 1 IQ-
Masih Maher Date
for Glenn Pruim, Director of Engineering and!,Public Works
cAuFORraA-Au-PURPOSE A OWLEDtiMENT RAM
State of Cowls
county Of
on before me, .»
person*appeared �a
who proved to me on the basis of dory eWdenoe to
be the personW wtww name(sYW&e subscribed to the
within instrument and acknowledged to me that
ha/slpAW w ectad the same in hMprtll it audwized
capedty(iW,and that by hisfiQrrN*signature)on the
i oburnent the person(q, or the entity upon behalf of
the persons)aced,s ecuied the instrument.
;}r� ;r,1 W-,"-IS certify under PENALTY OF PERJURY under the flaws
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pesgiptioo of Attached Document
Title or Type of Document:_Document Date: �'{��� Number of Pages: S
Signer(s)Other Than Named Above:
Cqm ypn)Maimed by Signw'(=)
SOW9 Nam: Signer's Name
❑ bn fv" ❑Individual
❑ Corporate Mow--Title(s): 0 Corporate Offiosr--Title O
❑ Partner--O Umfted O General ❑ParUrer—O Umited ❑General
❑ Attorney in Fad 0 Attorney in Fad roP ors two
Tivstes Tap or8►unb two O Tnutee
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[3 Guarcfian or Conservator 0 Guardan or Conservator
[3 Other. ❑Otfier:
Signer Is Reprewong: Sww Is V: —"--
OZ0�1 Nrrorrl Na1rY O Drt 8010Ias MBM M-Ch dworft CA 91313,8102• Wn#W Awdw Cd7&*W*1-9DD4 MMV
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of i e SS
S ( Notary Public,
On — �-— �� before me, y
D.\TE f
personally appeared G�i 0. e 1� who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s&are subscribed o the within instrument
and ac ledged to me tha0hh /she/they executed the
sa i is er/their authorized capacity(ies), and that
by hi er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. SIMONN
N
NOTARY 2000 wIA � I certify under PENALTY OF PERJURY under the
SMD600Gown - laws of the State of California that the foregoing
My Corr.Eu MM 2,n'i paragraph is true and correct.
WITNESS my hand and official seal.
NOTARY'S SIGNATURE ,)
)
PLACE NOTARI 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
F1 INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
r-1 PARTNER(S) TITLE(S)
❑ ATTORNEY-IN-FACT
NUMBER OF PAGES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER. DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
'L
NAME OF PERSON(S)OR ENTITY(IES)
RIGHT
THUMBPRINT
OF L
SIGNER o )
a )
APA 1/20I2 NOTARI'BONDS,SUPPLIES AND FORMS ATHTIP://WWW VALLEN-SIERRA.COM C 2005-2009 VALLEY-SIERRA INSURANCE
EXHIBI "A"
LEGAL DESCRIPTI N OF PROPERTY
LOTS 42, 43 AND 44 IN BLOCK 59 OF MAP OF CARDIFF "A", IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL MAP THEREOF NO. 1334, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER ON MAY 12, 1911.
CONTAINS 7500 SQUARE FEET MORE OR LESS.
D
L S. 8960
D. NJACFARLANE, P.L.S. 8960 DATE
COASTAL LAND SOLUTIONS ACA
Sheet 1 of 1
SCALE i" = 20' IT "B" SHEL�'T 1 OF 2
PLAT OF STO ATE FACILITIES
Ln ALLEY
N30 °38' 18"VI 75.03'
25.01 ' I 25 01 ' 25 01 '
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VEGETATED
1 SWALE (TYP )
25 01' 25.01' %1 '
N30 °38'58"W 75 03'
0
N
MANCHESTER AVENUE
N
r
COASTAL LAND SOLUTIONS,INC.
577 SECOND STREET
REFER TO CITY
ENCINITAS, CA 92024 OF ENCINITAS
PH (760) 230-6025 GRADING PLAN
FAX (760) 230-6026 NO. 11828-G
CLS#1037
IT "B" SHM 2 OF 2
PLAT OF STORMWATER FACH-M ES
SWALE SHALL BE PLANTED WITH
ADEQUATE GROUNDCOVER OR TURF
PLANTS THAT ARE NOT PRONE TO
BLOCKING TE DRAINAGE FLOW, MAY
ALSO BE PLANTED ON SIDE SLOPES
6-
4" MIDI.
TI Il i _ -I Iiil
=1 =1 10111= - - =1 IIOITIOITI-1 I=
- =I 1 10111-III=III==1TiOI�I-i�l-
-II1=111- 6" MIN. ENGINEERED SOIL
O O O * SEE NOTE BELOW
O O
18" MIN. O O O O O 2" MIN. 3/B" GRAVEL
i O O O 0 16" MIN. 3/4" CRUSHED ROCK
224IN �
* "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 6" DEEP "SANDY LOAM" SOIL MIX WITH NO
MORE THAN 5% CLAY CONTENT. THE MIX SHALL CONTAIN 50-60% SAND, 20-30% COMPOST OR
HARDWOOD MULCH, AND 20-30% TOPSOIL.
NOTE: VEGETATED SWALES ON GRADES OF MORE THAN 2.5% MUST INSTALL CHECK DAMS TO
LIMIT THE SLOPE OF THE SWALES TO 2.5% UNLESS OTHERWISE APPROVED BY THE DIRECTOR
OF ENGINEERING SERVICES.
NOTE: NO FILTER FABRIC OR LINER IS TO BE USED IN THIE SECTION
VEGETATED SWALE STORMWATER QUALITY IMP/BMP AREAS SHALL NOT BE ALTERED WITHOUT
A PERMIT FROM THE CITY.
VEGETATED SWALE IMP/BMP WITH UNDERDRAIN
FOR USE IN WELL PEENED SANDY SOIL
NOT TO BE ALTERED WITHOUT C1 7Y PERMIT
COASTAL LAND SOLUITONS,INC.
L REFER TO CITY
577 SECOND STREET
ENCINITAS, CA 92024 OF ENCINITAS
PH (760) 230-6025 GRADING PLAN
FAX (760) 230-6026 NO. 11828-G
CLS#1037
EXHIBI "C"
Minimum Maintenance Requirements of Stormwater Facilities
(Frequency and rocedures)
PLANNING CASE NO 07-167,
DR/V/CDP 11-104\ 11828-G
Lot No. 42 43 44
Vegetated Swale x x x
Private Sump and Stormdrain Pipe x x x
Landscape Area in R-O-W x x x
Required Maintenance
Vegetated Swale
Debri removal monthly
Mow quarterly
Private Sump and Stormdrain Pipes
Debri removal monthly
Protect inlet on-going
Sump Maint. on-going
Landscape Area in R-O-W
Mow or Debri Removal month)
I' ��pFtOFESSI���
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