2015-500333 DOC# 2015-0500333
III I II II II IIII IIII(IIIII IIIII II I IIIII IIIII IIIII IIIII II II
Sep 22, 2015 04 32 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
Recording Requested By: t I SAN DIEGO COUNTY RECORDER
FEES $000
City Engineer l l \ PAGES 11
When Recorded Mail to:
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 AND
STORMWATER POLLUTION CONTROL FACILITIES BY SCHOOL DISTRICT
1
APN: 258-280-04 Planning Case #: 14-050 CDP
Grading Plan: 12248-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 12248-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 9 I�
RICK SCHMITT FOR DATE
SAN DIEGUITO UNION
HIGH SCHOOL DISTRICT
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINI AS
M 1 MA HER FOP, �-
GLENN PRUIM DATE 5 t S
DIRECTOR OF PUBLIC WORKS
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 l 7N,-, \)kCC, )
On I,t �y, beforeme, 1 uc%cc,c-\e e . M `C8u�ev r,b;u �uu,�C
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person�srwhose namew is/
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in
his/hen4hen-authorized capacityij ,and that by his/her4the signatur*)on the instrument the person�4,
or the entity upon behalf of which the personKacted, 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.
LUCIEWE C.MCCAULEY
Conwniaaion 0 2101302 Z c Signature «
Nobly Pudic•Ca wnW z J
So 011W COWNY a Signature of Notary Publi
MV Comm.=Mar 25 2019
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:5tof n-\ A14 P ,a.,i\`Cocument Date
Number of Pages '_'J 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
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.
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EXHIBIT B
SHEET 1
f f ✓n x
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BIO-
H r I ^ x
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RETENTION
BASIN 2 y
BIO- l
RETENTION 1 1
_BASIN 1 1
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SCALE: 1"= 40' E
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. RIVERSIDE,CA 92507 w
951.782.0707
(FAX)951 782.0723 c
ENGINEERING COMPANY rickengineering coin o
Riverside San Diego -Orange-San Luis Obispo-Bakersfield-Sacramento-Phoenix-Tucson
G:\17100\Civil\17100exbO4-Bioretentlon-Plan_View.dgn PLOT DATE: 11-SEP-2015 JN 17100
i
EXHIBIT B
SHEET 2
44.83 TYPE "F"CATCH BASIN EMERGENCY
43.83 FL o 44.33 FL SPILLWAY
CURB
OVERFLOW— �� � p WL ELEV
OUTLET 9.7 'INISH GRADE
)F BASIN 43.00
�— AMENDED SOIL:'SANDY LOAM"SOIL MIX WITH
NO MORE THAN 5% CLAY CONTENT.MIX SHALL
CONTAIN 50-60% SAND,20-30% COMPOST OR
v
AMENDED SOIL HARDWOOD MULCH,AND 20-30% TOPSOIL.
N
3"3/8'GRAVEL
,,3"3/4"GRAVEL COVER OVER PIPE
40.00 IE n 40.00 IE -----FABRIC CVEMIRAFI 140N)OR
NONWOVEN FILTER Z y"
FABRIC APPROVED EQUAL
� 3/4'CRUSHED ROCK
UNDISTURBED NATURAL
INSTALL GALVANIZED GROUND
STEEL PLATE
BIO-RETENTION BASIN DETAIL
N.T.S.
46.00 TOP OF BASIN TYPE 'F"CATCH BASIN EMERGENCY
45.0 FL % 45.5 FL SPILLWAY
CURB
— 2j M Q WL ELEV
OUTLET 4•� FINISH GRADE
_OF BASIN 44.17 FG
—� AMENDED SOIL:"SANDY LOAM'SOIL MIX WITH
NO MORE THAN 5% CLAY CONTENT.MIX SHALL
Z CONTAIN 50-60% SAND,20-30% COMPOST OR
5 HARDWOOD MULCH,AND 20-30% TOPSOIL.
v AMENDED SOIL
N
3"3/8"GRAVEL
_--3"3/4"GRAVEL COVER OVER PIPE
41.17 IE n 41.17 IE l—
FABRIC VEMIRAFI 140N)OR
NONWOVEN FILTER Z y" APPROVED EQUAL
FABRIC
N 3/4"CRUSHED ROCK
UNDISTURBED NATURAL
INSTALL GALVANIZED
GROUND
STEEL PLATE
BIO-RETENTION BASIN DETAIL
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N.T.S.
1770 IOWAAVENUE-SUITE 100
RIVERSIDE,CA 92507
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951 782.0707
(FAX)951 782.0723 c
ENGINEER[NGCOti1P.ANY nckengineenng com "
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G:\17100\Clvll\17100exbO5-Bioretention-Sections.dgn PLOT DATE: 11-SEP-2015 17100
EXHIBIT C
CASQA: BIORETENTION
:Maintenance
The primary maintenance requirement for btoretentton 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 arc appropriate
for the site,climatic, and watering conditions should be selected for use in the btoretentton 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,
btoretention 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 wet season.
New Jersey's Department of Etn ironmental 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)
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G:\17100\17100-A\Civir\17100exbO8_CASOA.dgn PLOT DATE: 21-APR-2015 17100
ALL-PURPOSE ACKNOWLEDGMENT
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 ,V✓1
SS )
On — � S� �J , before me, All(Ada A • Sit rK 0 n Notary Public,
DATE n
personally appeared M aS k \e\ 6-�A e I� ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)are subscribed to the within instrument
and ackWer/their dged to me tha he she/they executed the
saVis authorized capacity(ies), and that
by he r/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
ANGELA A. SIZN person(s) acted, executed the instrument.
Comm # 2009314 rn
NOTARY PUBLIC-CALIFORNIA N
SAO DIEGO COUNTY
Mr Corr.ExP MAR.2.2011 '' 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.
PLACE NOTARY 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)
)
Q PARTNER(S) E )
ATTORNEY-IN-FACT NUMBER OF PAGES )
GUARDIAN/CONSERVATOR )
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT )
OTHER. )
OTHER )
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SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT L )
NAME OF PERSONS)ORENTITY(IES) THUMBPRINT s )
OF
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SIGNER
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