2014-367283 DOC # 20 1 4-0367283
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Recording Requested By.
AUG 26, 2014 3:55 PM
OFFICIAL RECORDS
City Engineer SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 5000
When Recorded Mall to. PAGES: 15
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,
STORMWATER POLLUTION CONTROL, AND HYDROMODIFICATION
A MANAGEMENT FACILITIES BY AGENT OF COMMERCIAL FACILITY
APN. 256-172-05 `� Project No . 11981-G
C
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and LF ENCINITAS PROPERTIES LLC. 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, stormwater pollution
control, and hydromodification management 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, Hydromodification Management Plan (HMP) facilities,
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 Faculties benefit said Property and are used by
Owner and his/her tenants their heirs, successors, and assigns, and
WHEREAS, it is the desire of the City, the responsibility of the Owner and tenants,
and to the benefit of the Public 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 responsibility of the Owner to assure his/her tenants will comply
with and enforce the terms and conditions of this agreement;
WHEREAS, it is responsibility of the Owner to disclose this agreement to all the
future tenants using, benefiting from, or impacting the Stormwater Facilities
WHEREAS, it is responsibility of the Owner to add Maintenance of Stormwater
Facilities to common area maintenance (CAM) and appoint a qualified property
management company or individual herein after referred to as "Agent" to oversee such
Maintenance The Agent shall be the single point of contact between the City of
Encinitas and Owners or Developer; and
WHEREAS, the Owner may act as the Agent through a qualified "Ranch
Manager", and
WHEREAS, for the purpose of this agreement, Maintenance responsibilities
mentioned on this agreement equally and collectively apply to Owner, tenants and the
Agent,
WHEREAS, it is requirement of development and or commercial use that this
Agreement constitute a covenant running with the land, binding upon each successive
owner of the Property into perpetuity; except that should the facility described in
Exhibits A and B be abandoned and removed from the property, this Maintenance
Agreement becomes null and void
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE
CONSIDERATION AS FOLLOWS
1 This agreement establishes the Owner and tenants' 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 if any 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's
' requirements for providing Stormwater Facilities Maintenance as stated in this
agreement shall mean Maintenance managed by the Agent, paid for by Owner,
and performed by a qualified contractor, hired by the Agent on behalf of the
Owner
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 14 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 term and conditions of this
agreement and the plans and specifications identified in approved Grading Plan
Number 11981-G which is on file as a permanent public record in the City of
Encinitas
4 The cost and expense of the Maintenance of the Stormwater Facilities shall be
paid by the Owner The owner is responsible to include necessary provisions in
the lease agreement with any present and future tenants that cover the costs of
all Stormwater Facilities Maintenance
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 and this Maintenance
Agreement. 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 Under no circumstances shall any contract or agreement for service(s) to be
provided as outlined in this agreement, and any additional Maintenance activities
or services to be provided as outlined in subsequent attachments hereto, be
terminated by the Owner, tenants, or Agent unless a replacement contract or
agreement for the required Maintenance has already been executed The Agent
and the Owner shall be responsible for ensuring proper execution of the
provisions of all contracts and/or agreements for the required Maintenance and
for timely payments for said services
8 Upon appointment of an Agent responsible for managing the maintenance of the
stormwater facilities, the Owner must notify the City of the current contact
information for the Owner and Agent within thirty (30) days At a minimum,
contact information for Owner and Agent shall include organization name,
mailing address, email address, phone number, contract person, contact
person's phone number, and email address The Agent must be established and
the above information must be provided to the City prior to use of the facility
Any future changes in Owner or Agent contact information shall be provided to
the City within thirty (30) days of the change being made Contact information
shall be provided in writing to the following address (or current City of Encinitas,
Civic Center address)
City of Encinitas
Stormwater Division
505 S Vulcan Ave
Encinitas, CA 92024
9 Any liability of the Owner, tenants, or Agent for personal injury to any worker
employed to provide Maintenance under this Agreement, or to third persons, as
well as any liability 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, tenants, or Agent.
10 Owner and tenants shall jointly and severally defend, indemnify, and hold
harmless 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
11 Nothing in th,is 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
12 The Owner and tenants shall provide access to the Stormwater Facilities within
the Property to the 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
13 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
14 In the event the Owner and tenants fail to preserve 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 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 the 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 perform
Maintenance of said Stormwater Facilities, and in no event shall this Agreement
be construed to impose any such obligation on the City
15 The terms of this Agreement may be amended in writing following the Owner
request and upon written approval by the City Engineer
16 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
LF Encinitas Properties, LLC
By- Leichtag Foundation its Sole Member-
By-
'Uempsef Savler, Ranch ager
Date e-ZD°/.V
Signature of OWNER must be notarized Attach the appropriate acknowledgement.
CITY O 1 S.
aD /y
fod 151e Pruim Date
Director of Engineering Services
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State of California CALIFORNIA ALL-PURPOSE
Countyof.__���, 19::n 0 CERTIFICATE OF ACKNOWLEDGMENT
On 010, 4: before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(i�whose name(&�is/ar-Qsubscribed to
the within instrument and acknowledged to me that he/sbo/sh y executed the same in his/bai:4�a*_
a thorized capacity(!@&), and that by his/haaz4eir signature(s) on the instrument the person(4 or the entity
upon behalf of which the personW 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. P15AID A,ROGERS
comm. #1920375
Co MM
Notary Public California
San Dipgo County
signature
'OPTIONAL INFORMATION
Although the information In this section is not required by low, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
titled/for the purpose of 1_0 form(s)of identification 0 credible witness(es)
Notarial event is detailed in notaryjournal on.
containing pages, and dated A/toh y
pacity or authority is/are as Notary contact:
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Individual(s) Other
Attorn ey-i n-Fact
Corporate Officer(s)
El Partner-Limited/General
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representing-
Name(s)of Person(s)or Entity(tes)Signer is Representing
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Ci Copyright 2007 Notary Rotary Inc 925 29th St Des Moines,A 50312 3612 Form ACK03 10/07 To(e-order,call toll free 1-877 349-6588 or visit us on the Internet at http//www not yrotarycom
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ALL-PURPOSE ACKNOWLEDGMENT
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DATE
personally appeared sieve ern R l y w a- ,who proved to m
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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.
ANGELA A. SIMON I certify under PENALTY OF PERJURY under the
�oC.OMM4 03I4 a laws of the State of California that the foregoing
SmhooCown - paragraph is true and correct.
Mr CON ED MM 1,Xtl
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WITNESS my hand and official seal.
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NOTARY'S SIGNATURE
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3 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
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OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: v )
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APA1/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP//WWW VALLEY-SIERRA COM 10 2005-2008 VALLEY-SIERRA INSURANCE
EXHIBIT "A"
LEGAL DESCRIPTION
LFEP PROPERTY
(256-172-05)
THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF
EXCEPTING THEREFROM THE WESTERLY 150 FEET THEREOF
PAGE 1 OF 1
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Stormwater Agree.docx
WO 3048-0001 8/7/14
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AINT. AGREEMENT FOR PRIVATE STORMWATER TREATMENT
& STORMWATER POLLUTION CONTROL FACILITIES BY OWNER
EXHIBIT 'B'
MAINTENANCE AREAS'
(20) 5,000 GAL. WATER TANKS. ... O
(1) GREENHOUSE STRUCTURE
' 1 HANNEL ISLAND(1090 G)
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(1) GREENHOUSE�STRUG E °
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RANGE 18 NO
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(20) 5,000 GALLON
WATER STORAGE TANK j
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Exhibit C
Range 18 North
Rain Catchment System Maintenance
Standard Operating Procedures
Table of Contents
General...................................................................................................................................3
GreenhouseLayout.............................................................................................................3
Water Catchment System Description...........................................................................4
Maintenance Procedure.....................................................................................................4
Appendix................................................................................................................................5
MaintenanceCleaning Log Example........................................................................................5
:St ra:t <t=i3 2
General
This SOP describes the process for maintenance and upkeep for the rainwater catchment system on
Range 18 North located at:
• NW Corner-33.059673,-117.284637
• SW Corner:33.059035,-117,284691
• NE Corner:33.059635,-117.283634
• SE Corner-33.058983,-117.283685
The water catchment system is designed to capture 100%of the roof runoff from the greenhouse via
a gutter system that drains into twenty individual 5,000-gallon tanks(100,000 gallon total)located
along the southerly wall of greenhouse.
The maintenance required on this system involves visual inspection for blockage of the rain gutters
from debris,inspect that tanks and fittings are also free from damage and performance of any
warranted corrective actions necessary to keep the system in working order
Greenhouse Layout
I I I 1 I 1 I
I I 1 1 1 I 1
I 1 1 1 1 1 I I
( I I I I 1 I I
I 1 1 1 1 I I
1 1 1 I 1 I 1
I 1 1 h I I 1 1 I I
1 y�
I I I I 1 I I
PIPE ICE Td 11-61 PIPE PIPE+ i PIPES i PIPS+ :r
T Ml.ow PIPE(rrp.)
PIPE 'PIPE 'PIPE 4'PIPE 'PIPE 'PIPE
12.75 4� 9.
ME ir WE
8'PIPE 6'PIPE 6'PIPE 6'PIPE 8'PIPE 6'PIP£
1.,Ist Revised:8 I I 3
Water Catchment System Description
The rainwater catchment system is comprised of the following:
• (9) Roof gutters running north to south
• (20) 5,000 gallon water tanks on south greenhouse wall
Maintenance Procedure
System maintenance is to be performed annually. The procedure is the following:
1. Visual inspection of each roof gutter for debris. Cleanup debris if necessary.
2. Visual inspection of tanks
a. Inspect outside tank and fittings for signs of damage. Repair/replace
if necessary
b. Inspect inside of tanks for any debris or signs of pest intrusion. Clean
debris if necessary. Contact pest control services if animal intrusion is
detected.
See attached appendix for maintenance log sample.
(.Est Rc wised':s/'�14 4
Appendix
Maintenance Cleaning Log Example
Water Catchment Maintenance Log
Form: Water Catchment Maintenance Log
Revision: 1
Last Revised: 8/7/14
Inspection Date:
Place'Y'to indicate equipment was inspected.Describe any corrective actions necessary
Gutter 1 Tank 1 Tank 11
Gutter 2 Tank 2 Tank 12
Gutter 3 Tank 3 Tank 13
Gutter 4 Tank 4 Tank 14
Gutter 5 Tank 5 Tank 15
Gutter 6 Tank 6 Tank 16
Gutter 7 Tank 7 Tank 17
Gutter 8 Tank 8 Tank 18
Gutter 9 Tank 9 Tank 19
Tank 10 Tank 20
Corrective Actions Taken:
i Ist Rw,;4c c3,tc ;I 1_i 5