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2014-525331 D 0 C It 2014-0525331 k � f IIIIIIIIIIIIIII � II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII a IIII � DEC 02, 2014 10:50 AM [df OFFICIAL RECORDS Recording Requested By: SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg,Jr,COUNTY RECORDER FEES 50.00 City Engineer PAGES: 12 When Recorded Mail to: 111111 Hill Hill Hill 1111111111 Hill IIII 0//111111 ON 1111110111111IIN11111111 City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas CA 92024 SPACE ABOVE FOR RECORDER'S USE V'1 AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND �C\ STORMWATER POLLUTION CONTROL FACILITIES BY HOMEOWNER APN: 254-740-24 '/ Building Permit: 14-1962 V' Grading Permit: 10598-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and MICHAEL F. HALL AND ELIZABETH F. HALL, 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 10598-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. Michael F Hall and Elizabeth F. Hall, Trustees of the Hall Family Trust dated March 16th, 2006: 4- Micha Hall, Trustee Date Elizabeth F Hall, Trustee Date Signature of OWNER must be notarized Attach the appropriate acknowledgement. CITY OF ENCINITAS- ./V M 17-1 Z 14 Masih Maher for Glenn Pruim Date Director of Engineering & Public Works City of Encinitas ACKNOWLEDGMENT State of California County of San Diego ) On November 21, 2014 before me, Julia M. Hope, Notary Public, (insert name and title of the officer) personally appeared Michael F. Hall and Elizabeth F. Hall who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me thatishathey executed the same in 41t~their authorized capacitay(ies), and that by*h~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. TL120�9 CIA Y.MOPE C�wNSbn/1955920 No"hMk.WIN"0. WITNESS my hand and official seal sloobpCounty My Cg".Es kss Oct 20.2015 (Seal) Signature EXHIBIT "A" Legal Description of Property LOT 14 AS SHOWN ON THE CITY OF ENCINITAS TRACT NO. 06-112, ACCORDING TO MAP THEREOF NO. 15860 ("MAP"), RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 29, 2012; EXHIBIT "B" 1W I Description and Plat of Stormwater Facilities L PAGE 1 OF :,& ° D Q 3� T r �� y►L � �- LL 1 J * � A N li Q7- t x x j O k— �� r X k X — '!' lP rC U% 9 f c- 9 ° 4 + c� d l BIORETENTION DETAIL FOR IMP ± DEEP ROOTED, DENSE, DROUGHT , 4�k TOLERANT PLANTING SUITABLE RETENTION AREA SHALL BE FOR WELL DRAINED SOIL LEVEL AND DEPRESSED A 2-3" HARDWOOD MULCH MINIMUM OF 6" FROM THE I e SURROUNDING GRADE P� �l _ FAO 6" MIN 11=1 11=1 I I I 11= 11=1 = _ = _ _ - 11 III-I 11-111= 11= I I I I I I 1=1 I I-I I I I I I-I I I-I I I-I 11=1 11=1 I I I I I 24" MIN ENGINEERED /i\i/r\r III-1 I I-1 I I I I I=1 I I-1 11=1 11=1 11=1 11=1 11=1 I I I=1 I I / 11 III-III-II 1I I= I-111 *SEE NOTE BELOW = =III=1I1=1 1=1I I-III-III-I I1=1I I-I I1=1LI ` r\ _ ! 2-3" OF 3/8" GRAVEL II I II I II I II I II I II I II I II I II I II I II I II I_II I II I I I I II I I I I II I II I II I I I I II I II I II I II I II I II I II I 12" MIN � \\j/r�%/�\//\// a a a a o a a a a / /f Z i SEE NOTE BELOW \\ \/'\`\\/ a a a a a a a a c it /y / 3/4" CRUSHED ROCK � X 0 � � T D 'BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24" DEEP "SANDY LOAM" SOIL m MIX WITH NO MORE THAN 5% CLAY CONTENT THE MIX SHALL CONTAIN 50-60% SAND, T 20-30% COMPOST OR HARDWOOD MULCH, AND 20-30% TOPSOIL. y, A x`3/4" CRUSHED ROCK LAYER SHALL BE A MINIMUM OF 12" BUT MAY BE DEEPENED TO INCREASE THE INFILTRATION AND STORAGE ABILITY OF THE BASIN m 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 4% OF THE IMPERVIOUS AREA DRAINING TO IT EXHIBIT `C' Minimum Maintenance Requirements for Stormwater Facilities (Frequency and Procedures) Maintenance of the site BMPs will be the responsibility of the Homeowner A maintenance plan will be developed and will include the following information: Specification of routine and non-routine maintenance activities to be performed A schedule for maintenance activities Name, qualifications, and contact information for the parties responsible for maintaining the BMPs The primary maintenance requirement for bioretention areas is that of inspection and repair or replacement of the treatment area's components. Generally, this involves nothing more than the routine periodic maintenance that is required of any landscaped area Bioretention components should blend over time through plant and root growth, organic decomposition, and the development of a natural soil horizon. These biologic and physical processes over time will lengthen the facility's life span and reduce the need for extensive maintenance Routine maintenance should include a biannual health evaluation of the trees and shrubs and subsequent removal of any dead or diseased vegetation Diseased vegetation should be treated as needed using preventive and low-toxic measures to the extent possible BMPs have the potential to create very attractive habitats for mosquitoes and other vectors because of highly organic, often heavily vegetated areas mixed with shallow water Routine inspections for areas of standing water within the BMP and corrective measures to restore proper infiltration rates are necessary to prevent creating mosquito and other vector habitat. In addition, bioretention BMPs are susceptible to invasion by aggressive plant species such as cattails which increase the chances of water standing and subsequent vector production if not routinely maintained Target Maintenance Dates - June 15th, September 15th (Dry Season Inspections) Maintenance Activity - Inspection of Bioretention System, mowing, and maintenance Target Maintenance Dates — 15th of each month; October through April (Rainy Season Inspections) Maintenance Activity - Inspection of Bioretention System, mowing, and maintenance In order to maintain the treatment area's appearance it may be necessary to prune and weed Furthermore, mulch replacement is suggested when erosion is evident or when the site begins to look unattractive. Specifically, the entire area may require much replacement every two to three years, although spot mulching may be sufficient when there are random void areas. Mulch replacement should be done prior to the start of the wet season. Other potential tasks include replacement of dead vegetation, soil pH regulation, erosion repair at inflow points, mulch replenishment, unclogging the underdrain, and repairing overflow structures. There is also the possibility that cation exchange of the soils in the cell will be significantly reduced over time. Depending on pollutant loads, soils may need to be replaced within 5-10 years of construction. The operation and maintenance costs for a bioretention facility will be comparable to those of typical landscaping required for a site. Costs beyond the normal landscaping fees will include the cost for testing the soils and may include costs for a sand bed and planting soil ALL-PURPOSE ACKNOWLEDGMENT State of California County of ��r 171 SS On �2 -2-2©I L before me, /J�1✓'Q I'M Oh Notary Public, ) DATE /�n i personally appeared M&s i k I v\o_k e_1— ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/ re subscribed the within instrument and ackn ledged to me tha he she/they executed the sam i is er/their authorized capacrty(ies), and that by h( iher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. p. SIMON I certify under PENALTY OF PERJURY under the ANGEL#2D0931� to laws of the State of California that the foregoing ND ��jg�VC.CAUFORNU N s�DIEGO COO you paragraph is true and correct. ) COO Exr MNt ) ) WITNESS my hand and official seal. ) a Y NOTARY'S SI ATURE PLACE NOTARY SEAL IN ABOVE SPAC E ) 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 F1 INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES R TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER. DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: 'U NAME OF PERSONS)OR ENTITY(IES) s RIGHT THUMBPRINT OF s SIGNER o a APA 1/2012 NOTARY BONDS,SUPPLIES ANDFORNISATHT'rP'i1WWA VALLEY-SIERRA.COM C 2005-2008 VALLEY-SIERRA INSURANCE