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2014-287035 D O C # 2014-0287035 1111111111 11111 11111 11111 11111 111111111 IN JUL 10, 2014 10:56 AM f�( OFFICIAL RECORDS 1f,L SAN DIEGO COUNTY RECORDER'S OFFICE 'J Recording Requested By- Ernest J Dronenburg,Jr,COUNTY RECORDER 1= FEES 52.00 City Engineer PAGES: 13 When Recorded Mail to 11111 Hill 11111 IN IN City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE This document is intended to superseded the previously recorded "AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL FACILITIES BY H DMEOWNER" recorded as Document Number 2013-0686900 on November 21, 2013 AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT C AND STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER APN 216-052-75-00, 216-052-7690, Planning Case: 04-286 TPM/CDP 216-052-7700 216-052-78-00, Permit#- 353-G/I & 216-052-79-00 THIS AGREEMENT is between the C ty of Encinitas, a municipal corporation, hereinafter referred to as the "City", and SHE A HOMES LIMITED PARTNERSHIP A CALIFORNIA LIMITED PARTNERSHIP, its hf-irs, 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 fo:ilities, hereinafter referred to collectively as "Stormwater Facilities" Stormwater Facilities include but are not limited to Best Management Practices (BMPs), Integrated Management Practices (IM.Ps), Low Impact Development (LID) features, Structural stor water 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 u;;es 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 Faciliiies in good-working order in accordance with the minimum Maintenance requirements et forth in Exhibit °C" which is attached hereto and made a part hereof and in accord; nce 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 °Mairtenance" 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 annu, I inspection report to the City, all as set forth in subparagraph 1.i) through 1 iii) i) The Owner shall inspect the Storm ater Facilities after all mayor storms. In addition, the Owner shall inspect the Stormwater Facilities at the minimum frequency specified in Exhibit"C", bL t not less than twice per year ii) The Owner shall provide upkeep and repair to preserve the Stormwater Facilities in good working order an I 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 In rerim 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 por 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 subm it 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 12 hereof, such remedy to Le 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 353-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 insure 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 inj iry 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 they 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 acce's shall be provided unconditionally and without any obstruction, interference, or h:zard 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 --or 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 1, nd 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 reim Dursement 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 le al 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. OWNER. SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP By- Sign � Prinj Name I 12r�Z�d Q 4 r4 Title 9 Date By' V/dAa f Y g " tit oriel l Print Name Ay4-ln6y i-7_cam Title j 7/9 -IN Date (Notarization of DEVELOPE s signature is attached) ACKNOWLEDGMENT State of California County of San Diego ) On July 9, 2014 before me, fatty Rivas, Notary Public (insert name and title of the officer) personally appeared John B. Vance and %'E arah Morrell who proved to me on the basis of satisfactory evic ence to be the person(s) whose name(s)js/are subscribed to the within instrument and acknowledged to me that f /they executed the same in hi�their authorized capacity(ies), and that byaer/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 owl NOTARY RAUCC1*-CALF SAN DIEGO COUNTY Commission E*i u Nov 13,2015 Signature (Seal) CITY OF ENCINITAS MAS1"MAIt1-,'n 7fl o / 14 F:Of Glenn Pruim Date Director of Engineering and Public Works i ALL-PURPOSE ACKNOWLEDGMENT State of California County of S0•" SS. On before me, pr�n OQe I O,- tk, 'S i ro()J1 , Notary Public, DATE n n personally appeared i Q Cl.-k'e r ,who proved to me on the bass of satisfactory evidence to be the person(s) whose name(s Is/ re subscribed jo the within instrument and acknwwledged to me that he/she/they executed the sam Vi her/their authorized capacrty(ies), and that by >s heir signature(s) on the instrument the person(s), or the entity upon behalf of which the pe-son(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ANGELA A. SIMON la s of the State of California that the foregoing ) Comp+.#2009314 ) NOTARY -CALIFORNIA N p ragraph is true and correct. ) Corr.Ev ma.2, WITNESS my hand and official seal. w NOTARY'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 OF ATTACHED DOCUMENT ❑ INDIVIDUAL ) CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER. DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: v NAME OF PERSON(S)OR ENTITY(IES) RIGHT c THUMBPRINT g OF ) SIGNER ) a ) F APA 1/2012 NOTARN BONDS,SUPPLIESAND FORMS ATHTTP://WW\k VALLEY-SIERRA.COM C 2005-2008 VALLEY-SIERR.AINSURANCE EXHIEIT "A" LEGAL DESCRIPTION PARCELS 1 THROUGH 4, TOGETHER WITH THE REMAINDER PARCEL OF PARCEL MAP NO. 21101,IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON DECEMBER 12,2013. tip LAND SU9 C1 7,1,1+ SEAN C. ElIbLERT, L.S. 7959 DATEF co COASTAL LAND SOLUTIONS L& 7959 OF CAL\F���\Q 1 of 1 n � � r rn W co) s � II W R3W S 1 - I � W L IO i� $ B SAE N14 '56' 10"W 437.96' � BIORETENTION b A BASIN I 6" SD PIPE PRIVATE ROAD 12"PIPE O oz �no "T1 b 5' STORM DRAIN ' N Z�' =v =om 6" SD PIPE ' EASEMENT. REC. `' y d o o - --Icno 4-9-2004 AS DOC. �+ �°D 3 ' my O>z ,v 4" SD PIPE-,,,,,�. 2004-0306073 0.R. I �N o��c� -I rnm m t XD ma ana BIORETENTION co rnA vr, aD nZ ti BIORETENTION �- o BASIN �'�r I ru Cv Hn z� zz Q 4" SD PIPE Fn zr D mm �" SIORETENTION nm co r BASIN (y o`j.� lid z oo g r�► z o H 36. v 0 N15 '01'38"W 457.91 ' 20 ' 25 ' Z0 OX � o;U-nm cWnzZ� w�Z0 �r,>o I-+ cn z � W EXEMIT "B" SHEET 2 OF 3 PLAT OF STORMW.ATER FACIIMES SWALE SHALL BE PLANTED WITH ADEQUATE GROUNDCOVER OR TURF. PLANTS THAT ARE NOT PRONE TO BLOCKING THE DRAINAGE FLOW MAY ALSO BE PLANTED ON SIDE SLOPES. TURF REINFORCEMENT MAT IF APPLICABLE WIDTH AND DEPTH **SEE NOTE BELOW VARIES PER PLAN I hl I I III I � _ _III-III-= I _ I-i *S MIN. ENGINEERED SOIL SEE NOTE BELOW MIN. FILTER MEDIA: -3 3 PART CLEAN WASHED SAND 18" MIN. TO 1 PART 3/8" GRAVEL '-2" MIN. 3/8" GRAVEL -6" - 3/4" CRUSHED ROCK 4" PERFORATED PIPE CONNECTED TO IMPERVIOUS LINER��24" MIN. EXISTING 12" STORM DRAIN ON BOTTOM *"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. FREI= OF STONES, STUMPS, ROOTS, OR SIMILAR OBJECTS, AND ALSO FREE OF NOXIOUS WEEDS. **NORTH AMERICAN GREEN C350 TURF REINFORCEMENT MAT OR APPROVED EQUIVALENT SHALL BE LAID AND ANCHORED PER MANUFAC''URER'S SPECIFICATIONS FOR SWALES WITH A LONGITUDINAL SLOPE OF GREATER THAN 5% ACID/OR IF THE VELOCITY OF WATER IN THE SWALE EXCEEDS 8 FT/SEC. PRIORITY BIOSWALE DETAIL NOT TO BE ALTERED WITHOUT CITY PERMIT COASTAL LAND SOLUTIONS,INC. L REFER TO CITY � �� STREET OF ENCINITAS ENCINITAS, CA 92024 PH (760) 23D-6025 GRADING PLAN FAX (760) 230-6026 NO. 353-G CLS#1143 EXHIB "B" SHWr 3 OF 3 PLAT OF STORMW TER FACHMIES RETENTION AREA SHALL BE LEVEL AND DEPRESSED A MINIMUM OF 6" FROM SURROUNDING GRADE DEEP ROOTED, )ENSE, DROUGHT TOLERANT PLAN TING SUITABLE FOR WELL DRAIAED SOIL 2-3" HARD Wo'OD PGA MULCH APPROVED J�Fp� 6" GRATE INLET 4" -24" MIN. ENGINEERED SOIL IMPERVIOUS LINER ON =III^III—III-I I I_I I -12" RISER �=�I *SEE NOTE BELOW (TYP.) SIDES Il I la I ICI I El�E J I GRATE INLE%J I-'I .E--IMPERVIOUS II=1I I IIIII I El I II�i�IIJ� .IFi�II I II.��I�III 2u3E OF03/6DE RAVEL 2-3" COVER OVER PIPE, 4" PERFORATED PVC PIPE— 3/4" CRUSHED ROCK *PLACE PIPE WITH PERFORATIONS AT THE 12* MIN. . INVERT SIDES ONLY **SEE NOTE° . BELOW 3/4" CRUSHED ROCK TIE 4" PERE PVC TIE 4-6" PVC PIPE NO LINER SHALL BE PIPE TO RISER TO STORMDRAIN PLACED AT BOTTOM SYSTEM *BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24" DEEP " SANDY LOAM" SOIL MIX WITH NO MORE THAN 5X CLAY CONTENT. E MIX SHALL CONTAIN 50-60X SAND, 20-30X COMPOST OR HARDWOOD MULCH, AND 20-30% OPSOIL. **3/4 CRUSHED ROCK LAYER SHALL BE A MINI UM OF 12" BUT MAY BE DEEPENED TO INCREASE THE INFILTRATION AND STORAGE ABILITY OF THE BASIN. BIORETENTION DETAIL NOT TO BE ALTERED WITHOUT CITY PERMIT i IL'SCOASTAL LA1�ID SOLUTIONS,INC. 577 SECOND STAEET REFER TO CITY DMITAS, CA 92024 OF ENCINITAS PH (760) 230-6025 GRADING PLAN FAX 060) 230-6026 NO. 353-G CLS#1143 EXHIBIT " " Minimum Maintenance Requirements of Stormwate Facilities (Frequency and Procedures TPM#04-286\353G and I Parcel# 1 2 3 4 Remainder Bioretention Basin x x x x Bioswale x x x Private 4"to 6"SD Pipe x x x Private 12"SD Pipe x x Landscape Area in R-O-W x DG Pathway x Gravel Swale x Required Maintenance Bioretention Basin Debn removal monthly Protect inlet on-going Mow quarterly Bioswale Debri removal monthly Protect inlet on-going Private Stormdrain Pipes Debri removal monthly Protect inlet on-going Landscape Area in R-O-W Mow or Debri Removal monthly DG Path Rake path quarterly Gravel Swale Rake rocks quarterly i I