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2016-223429 DOC# 2016-0223429 III I IIII IIII IIIII I I I IIII IIIII I I I IIIII IIII IIIII IIIII II III May 10, 2016 04:23 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., Recording Requested By: SAN DIEFO E OU$54 OOCORDER City Engineer PAGES: 14 When Recorded Mail to: 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of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE This document is intended to superseded the previously recorded "AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT, STORMWATER POLLUTION CONTROL, AND HYDROMODIFICATION MANAGEMENT FACILITIES BY HOMEOWNER" recorded as Document Number 2014-0076435 on Feb. 25, 2014. AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT, STORMWATER POLLUTION CONTROL, AND HYDROMODIFICATION MANAGEMENT FACILITIES BY HOMEOWNER APN: 254-181-26f Case #: 13-156 CDP Address: 1433 Rainbow Ridge Ln. Grading Plan: 692-G THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and ROGER B. PHILLIPS AND ELEANORE R. PHILLIPS, TRUSTEES OF THE PHILLIPS FAMILY TRUST DATED SEPTEMBER 1996, 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 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 t 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 692-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: Roger B. Phillips, Trustee/Owner Date Eleanore R. Phillips, Trustee/Owner Date Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINITAS: AA -51SI16 Masih Maher for Glenn Pruim Date Director of Engineering and Public Works City of Encinitas 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 ScLn 1 d SS. On ( , before me, (-�r�l�''p` I ,Notary Public, DATE n,� personally appeared ! "\�`g' �' N �^e ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is/ re subscribed t the within instrument and ackt svv/.edged to me th he he/they executed the sam er/their authorize capacity(ies), and that by "is signature(s) on the instrument the person(s), or the entity upon behalf of which the ANGELA A. SIMON person(s) acted, executed the instrument. CDMM.*2009314 r^ N NOTARY PUBLIC•CALIFORNIA N SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the MY COMM.Em MAR,2,2oli 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 y 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) PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 2005-2015 VALLEY-SIERRA INSURANCE 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 San Diego ) On 12/9/15 before me, B. Van Camp, Notary Public (insert name and title of the officer) personally appeared Roger B. Phillips and Eleanore R. Phillips who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct: B. VAN CAMP rn WITNESS my hand and official seal. (� NOTARY1PUBLIC-MIFF NIA =' SAN DIEGO COUNTY MY Corti.UP.OCT 28,2017 Signature (Seal) PI Storm VV k� `r-6�4. EXHIBIT "A" LOT 2 OF ENCINITAS TRACT NO. 06-168, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15679, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 19, 2008. STORM WATER MAINTENANCE AGREEMENT EXHIBIT HATCHED AREA REPRESENTS PERMANENT FLOW-THROUGH PLANTER BMP AREA FOR LID TREATMENT 9 TREATMENT CONTROL. NOT TO BE MODIFIED WITHOUT A PERMIT FROM THE CITY OF ENCINITAS, 78 SF. I PRIVATE^ I DRIVE I I PROPERTY INE Cp I PROJECT SITE I:° I APN 254-181-26 I 3 n I Iz � I I a a N84 *2924'E 100.00' HATCHED AREA REPRESENTS PERMANENT SG14LE I "=40' FLOW-THROUGH PLANTER BMP AREA FOR LID TREATMENT 9 TREATMENT CONTROL. NOT MODIFIED WITHOUT A PERM OWNER APPLICANT FROMT THEE CITY OF ENCINITAS, 192 SFIT PHILLIPS FAMILY TRUST 1433 RAINBOW RIDGE LANE ENCINITAS, CA 92024 SITE ADDRESS � J 1433 RAINBOW RIDGE LANE R p,0 uj cr ENCINITAS, CA 92024 5'.E ASSESSORS PARCEL NE TAPER RarNeow RIDGE >. 254-181-26 LANE Z 0 LEGAL DESCRIPT TON co LOT 2 OF ENCINITAS TRACT NO. 06-168, IN THE UCADIA BL VD. CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. V I G I N I TY Mfg P N 15679, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 19, 2008. NOT TO SCALE zol a �XHI E31 T 'E3/ ' STORM WATER A4AINTENA.NCE AGRIMAff1VT'EJaMIT TOLERANT� OVERFLOW RISER CCITYY L-DRAINED SOILS APPROVED E N� ATRILM GRATE TG PER PLAN *ERE APPLICABLE 1p CITY EQUIVALENT SOIL k BELOW " [ " GRAVEL s AVOTE BELOW * BIORETENTIAN 'EN61 NE M) SOIL" LAYER SHALL BE MI10" 24" DEEP 'SANDY LOAM" SOIL MIX WITH NO MORE THAN 5% CLAY CONTENT. Tlf MIX SHALL CONTAIN 50-60% SAAQ 20-30% COK)OST OR HARDWOOFD MACH, AND 20-30% TalxMB. FREE OF STONES, STU%PS ROOTS OR SIMILAR OBuECTa AND ALSO FREE OF NOXIOUS NEEDS. 3/4" Q%ShED ROCK LAYER SHALL BE A MIMR►N.,M OF 12" BUT MAY BE DEEPENED TO INMASE THE INFILTRATION AND STORAGE ABILITY OF THE DETAIL LANDSCAPE BMP AREA DETAIL NOT TO SCALE EXH I E I T 'F-32 ' EXHIBIT `C' Minimum Maintenance Requirements for Stormwater Facilities Bioretention Areas To preserve bioretention performance, the cells must be maintained. Like any landscape feature, bioretention areas must be pruned, mulched, and even initially watered and limed. Grassed bioretention cells are usually mowed. The need for rapid establishment requires bioretention cells to be limed, if indicated by a soil test. Additionally, plants may need to be spot-fertilized to ensure growth and survival in low P soils. Watering the plants every 2 to 3 days for a month or two helps ensure vegetation survival. The frequency of these tasks varies seasonally, with more frequent maintenance required in summer than in winter. Maintenance tasks unique to bioretention include occasional removal of mulch and the top layer of fill soil. Because clogging occurs most frequently at the top of the soil column, the bioretention basin rarely needs to be completely excavated. However, this has been necessary when the bioretention cell was located in an unstable drainage area. BIORETENTION MAINTENANCE TASKS Task Frequency Maintenance Notes Pruning 1 - 2 times / year Nutrients in runoff often cause bioretention vegetation to flourish. Mowing 2 - 12 times / year Frequency depends upon location and desired aesthetic appeal Mulching 1 - 2 times / year Mulch accumulation reduces available water storage volume. Removal of mulch also Mulch Removal 1 time / 2 - 3 years increases surface infiltration rate of fill soil. 1 time / 2 - 3 days for first If drought, watering after the 1 - 2 months. Watering Sporadically initial year may be required. after establishment. One time spot fertilization for"first year' Fertilization 1 time initially vegetation. Remove and Within the first year, 10 percent of plants may -Replace 1 time / year die. Dead Plants Survival rates increase with time. Miscellaneous 12 times / year Tasks include trash collection, spot weeding, Upkeep and removing mulch from overflow device. BMP Swales and Landscape Areas The operational and maintenance needs of an IMP Basin are: • Vegetation management to maintain adequate hydraulic functioning and to limit habitat for disease-carrying animals. • Animal and vector control. • Periodic sediment removal to optimize performance. • Trash, debris, grass trimmings, tree pruning, and leaf collection and removal to prevent obstruction of a Swale and monitoring equipment. • Erosion and structural maintenance to prevent the loss of soil and maintain the performance of the Swale. Functional Maintenance Functional maintenance has two components: Preventive maintenance Corrective maintenance Preventive Maintenance Preventive maintenance activities to be instituted at an IMP Basin are: • Trash and Debris. During each inspection and maintenance visit to the site, debris and trash removal will be conducted to reduce the potential for inlet and outlet structures and other components from becoming clogged and inoperable during storm events. • Sediment Removal. Sediment accumulation, as part of the operation and maintenance program at a Swale, will be monitored once a month during the dry season, after every large storm (0.50 inch), and monthly during the wet season. Specifically, if sediment reaches a level at or near plant height, or could interfere with flow or operation, the sediment will be removed. If accumulation of debris or sediment is determined to be the cause of decline in design performance, prompt action (i.e., within ten working days) will be taken to restore the Swale to design performance standards. Removal of Standing Water. Standing water must be removed if it contributes to the development of aquatic plant communities or mosquito breeding areas. • Fertilization and Irrigation. The vegetation seed mix has been designed so that fertilization and irrigation is not necessary. Fertilizers and irrigation will not be used to maintain the vegetation. • Elimination of Mosquito Breeding Habitats. The most effective mosquito control program is one that eliminates potential breeding habitats. r Corrective Maintenance Corrective maintenance is required on an emergency or non-routine basis to correct problems and to restore the intended operation and safe function of a BMP Swale. Corrective maintenance activities include: • Removal of Debris and Sediment. Sediment, debris, and trash, which impede the hydraulic functioning of a Swale and prevent vegetative growth, will be removed and properly disposed. • Structural Repairs. Once deemed necessary, repairs to structural components of a Swale and its inlet and outlet structures will be done within 10 working days. • Embankment and Slope Repairs. Once deemed necessary, damage to the embankments and slopes of Swales will be repaired within 10 working days). • Erosion Repair. Where a reseeding program has been ineffective, or where other factors have created erosive conditions (i.e., pedestrian traffic, concentrated flow, etc.), corrective steps will be taken to prevent loss of soil and any subsequent danger to the performance of a Swale. There are a number of corrective actions than can be taken. These include erosion control blankets, riprap. z " Storm Water Conveyance System • Periodic inspections of the inlet and outlet areas to ascertain correct operation of system and to clean materials trapped on grates protecting catch basins and inlet area should be required monthly. o Routine sweeping and cleaning of impervious drainage areas will reduce floatables and sediment loading to underground stormwater conveyance system. • The primary maintenance concerns are removal of floatables that become trapped and removal of accumulating sediments within the system; this should be done at least on an annual basis. • Confined space safety procedures must be followed by workers entering an underground stormwater storage facility. • Sediments are best removed mechanically rather than flushing. If flushing is the only option then great care must be taken not to flush sediments downstream into native waters. • Any structural repairs required to inlet and outlet areas should be addressed in a timely manner on an as needed basis. • Local authorities may require annual inspection or require that they carry out inspections and maintenance. • The pump system must be tested and inspected before each rainy season and after each major storm event.