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2015-221465 DOC# 2015-0221465 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII May 05, 2015 04.13 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, Recording Requested By: SAN DIEGFEES. $2.00 ECORDER l � 1 City Engineer When Recorded Mail to- City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas CA 92024 SPACE ABOVE FOR RECORDER'S USE r` AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL FACILITIES BY SCHOOL DISTRICT APN: 258-280-04 Planning Case #: 14-050 CDP Grading Plan: 12091-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, 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 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 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 12091-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. OWNER: M s ck -- Ala'-► I lz RICK SCHMITT FOR Date SAN DIEGUITO UNION HIGH SCHOOL DISTRICT Signature of OWNER must be notarized Attach the appropriate acknowledgement. CITY OF ENCINITAS MA SI 11 MA111=n 4 /Z e1 / 15 for GLENN PRUIM Date Director of PUBLIC WORKS EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. F 'J V C v C 6 W N O N O G:\17100\17100-A\Civil\17100exb05-Lego LDescription.dgn PLOT DATE: 21-APR-2015 JN 17100 EXHIBIT B SHEET 1 {1 - i X ENT R BASIN N BO >R TENT ON i BASI i w x I - BIORETENTION BASIN SCALE: 1"= 40' T E 40 0 40 80 1770 IOWAAVENUE-SUITE 100 a, WIFA RIVERSIDE,CA 92507 Y MEG 951 782.0707 (FAX)951 782.0723 ENGINEERING COMPANY nckengineering.com o ry Riverside San Diego-Orange-San Luis Obispo-Bakersfield-Sacramento-Phoenix-boon G:\17100\17100-A\CIViK17100exb06_Bioretention_PIon_View.dgn PLOT DATE: 21-APR-2015 JN 17100 EXHIBIT B SHEET 2 24'x24"OVERFLOW DROP INLET 31.00 TOP OF BASIN 30.0 TG 30.0 FL �� WL ELEV . ------ -- 4- ,y��°� FINISH GRADE OVERFLOW q� OF BAS 29.16 FIG AMENDED SOIL: 'SANDY LOAM" CURB OUTLET Z SOIL MIX WITH NO MORE THAN 5% AMENDED CLAY CONTENT. MIX SHALL CONTAIN SOIL 50-607. SAND, 20-30% COMPOST OR N HARDWOOD MULCH, AND 20-30% _ TOPSOIL. �3"3/8"GRAVEL NONWOVEN 3"3/4"GRAVEL COVER FILTER „ OVER PIPE /4 CRUSF� D ROCK_h, FABRIC C”, NONWOVEN FILTER � ;;>/?r, 1�> FABRIC (MIRAFI 140N) OR 1rla`� v; \ y.�\eA ✓/ �y""; ,a r/ ,r v, ;, ` APPROVED EQUAL UNDISTURBED NATURAL GROUND INSTALL GALVANIZED STEEL PLATE BIO-RETENTION BASIN DETAIL N.T.S. T E V 1770 IOWAAVENUE-SUITE 100 c rim • RIVERSIDE,CA 92507 951 782.0707 (FAX)951 782.0723 ENGINEERING COMPANY tickengineering.com � 0 Riverside San Diego -Orange-San Lu s Obispo-Bakersfield-Sacramento-Phocnix-Tucson 0 G:\17100\17100-A\Ci vil\17100exb07_Bioretention-Sections.dgn PLOT DATE: 21-APR-2015 17100 EXHIBIT C CASOA: BIORETENTION Maintenance 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. Plants that are appropriate for the site, climatic, and watering conditions should be selected for use in the bioretention cell. Appropriately selected plants will aide in reducing fertilizer, pesticide,water,and overall maintenance requirements Bioretention system 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(EPA, 1999) Diseased vegetation should be treated as needed using preventative 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. 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 mulch 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 vet season. New Jersey's Department of Environmental Protection states in their bioretention systems standards that accumulated sediment and debris removal(especially at the inflow point)will normally be the primary maintenance function. 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 the cation exchange capacity 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(LID, 2000) F O m C y N C Q. W Y K O N O G:\17100\17100-A\CIvli\17100exbO8_CASOA.dgn PLOT DATE: 21-APR-2015 17100 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ,�A i r c c ) kj On before me, ucie (,c,e Date Here Insert Name and Title of the Officer personally appeared ������ �)c�,jf�'tt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person y whose nameN is/are- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity(iesy, and that by his/*:KW4heir signaturels)-on the instrument the person, or the entity upon behalf of which the person�Wacted, 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. LUCtENNE C MCCAULEY WITNESS my hand and official seal. Commission# 1926718 Notary Public-California �' San Diego County Signature 1- -- - L �zc��-c, Comm.UL es Mar 25,2015+ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other- Signer Is Representing Signer Is Representing: ©2014 National Notary Association •www NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completin=his 3 certificate verifies only the identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 45 SS County of 'VlJIC� On y _3O_ I before me, ►a-r)ej e tX �+ ))MC n , Notary Public, DATE 1 personally appeared ACt s Yl GL k£X ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed�Nthe within instrument and ackn ledged to me thahe/they executed the sam is er/their authorized capacity(ies), and that by is 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. SIMON Comm.#2009314 N I certify under PENALTY OF PERJURY under the NOTARY ppgilC•CAUFORNU SAN DIEGO COUNTY laws of the State of California that the foregoing Ali Caw.Exv MAN.2,2017 k paragraph is true and correct. WITNESS my hand and official seal. du­eA LL,­ rA ISS(-�� PLACE NOTARN SEAL IN ABOVE SPACE NOTARY'S SIGNATURE 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 ❑ TITLE(S)PARTNERS) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER. OTHER y SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT L NAME OF THUMBPRINT L 3 OF SIGNER a c F APA012015 NOTARN BONDS,SUPPLIES AND FORMS ATIITTP,'WWVv vALLEN'-SIERRA.COM c-'005-2015VALLEA-SIERRA INSURANCE