2018-57894 DOC# 2018-0057894
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Feb 13, 2018 03:28 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
Recording Requested By: FEES $C oC tSB2 Atkins $o CC
City Engineer PAGES 12
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
r Encinitas CA 92024
SPACE ABOVE FOR RECORDER'S USE
)0 AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND
STORMWATER POLLUTION CONTROL FACILITIES BY SCHOOL DISTRICT
I�
V0 APN: 258-280-04✓ Planning Case #: 14-050 CDP
Grading Plan: 13170-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 13170-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:
1 ' / ;-4
ERIC R. DILL FOR DATE
SAN DIEGUITO UNION
HIGH SCHOOL DISTRICT
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF ENCINITAS:
#E CIIt�SR�F L . MAGOosxv DATE
INTERIM CITY ENGINEER
DEVELOPMENT SERVICES
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
FUSCOE
E N G I N E E R I N G
6390 Greenwich Dr.,Suite 170,Son Diego,California 92122
tel 858.554.1500 o fan 858.597.0335 - w .fuscoe.com
EXHIBIT 111311 SHEET 1
0
BMP 4
C3
7
- HMP SYSTEM t �° g
60" HOPE
so m � DETENTION
PIPES —
BMP 2 m BMP 3
ENGLISH & ARTS CLASS ROOM BUILDING
SEE GRADING PLAN 13170-G
o m m m
.�. URM II _ g �7w
SYSTEM 2
BIOFILTRATION BASIN FOR COMBINED
POLLUTANT AND HYDROMODIFICATION n
CONTROL SANTA FE DRIVE
R R
KEY MAP
SCALE: 1"=60' �1
�n,lll 1
FUSCOE
E N G I N E E R I N G
6390 Greenwich Dr.,Suite 170,San Diego,California 92122
tel 858.554.1500 o fax 858.597.0335 a w .fuscoe.com
EXHIBIT °B" SHEET 2
2' MIN. BENCH
BASIN WIDTH VARIES PER PLAN IN FILL CONDIION
6" CLEANOUT PER SDRSD
SC-01W/ THREADED CAP.
PROPOSED MOUND SOIL AROUND CLEANOUT HMP 2 FLOW CONTROL
SIDEWALK PROTECT SOIL AT DISCHARGE STRUCTURE PER DETAIL -`pi✓
WITH ROCK APRON 12"X12", 4" ON NEXT SHEET 6" MIN. Y
2% MIN. THICK 6" 3„ FREEBOARD
100YR 9 _ — ,��41
18" . 10YR Q _ 18" MIN.
MIN. - 6" MIN 1
�{ J— MIN. 18" SOIL MEDIA
WITH MIN. 5 IN/HR
+ INFILTRATION RATE
9' TOTAL
BASIN DEPTH 12"
6" WASHED PEA-/ REMOVE UPPER 4'T OF VERY OLD PARALIC
GRAVEL FILTER DEPOSIT AND REPLACE WITH CRUSHED
COURSE LAYER ROCK PER GEOTECH RECOM ENDATIONS.
EXTEND VERTICAL LINERS
ABOVE AGGREGATE l TO BOTTOM F STORAGE LAYER
30 MIL THICK PVC '�! / �T/^ �X�! ��'. EXISTING NATIVE
OR APPROVED EQUAL \ SOIL
IMPERMEABLE LINER MIN. 6" PERFORATED 8" OUTLET PIPE
PVC UNDERDRAIN PIPE
DETAIL- BIOFILTRATION BASIN (BMP 1)
NOT TO SCALE
DS OVERFLOW PIPE
+ PENETRATIONS
PROTECT SOIL AT DISCHARGE WITH
ROCK APRON 12"X12", 4" MIN. THICK
6" CLEANOUT PER SDRSD
SC-01 W/ THREADED CAP. HMP 1 FLOW CONTROL STRUCTURE
WATERPROOFING .• MOUND SOIL AROUND PER DETAIL NEXT SHEET
MIN. ABOVE TW - 6° RESERVOIR CLEANOUT 2"OVERFLOW ELEV
DEPTH
S
'FF WITH DEEPENED
FOOTING TO ACCOMMODATE - ' FINISHED GRADE
PLANTER ELEVATION
FF TYP 18' MIN TO 25 M
SEE GRADING PLANS
O 12" SEAT WALL
e n
PLANTER BOX PER
;. LANDSCAPE ARCHITECT PLANS
4" WASHED PEA M IN
GRAVEL FILTER COURSE 6" PVC SDR 35 PER F
LAYER ABOVE AGGREGATE PIPE PERF FACE DOWN CHED 80, NO CONNECT TO
PERFORATIONS CORE STORM DRAINAGE
DRILL AND SEAL SYSTEM SEE
PENETRATION UTILITY PLAN
WHERE ADJACENT TO EXTERIOR OF BUILDING WALL PROVIDE
ugll WATERPROOFING (6" MIN. ABOVE TW), AS REQUIRED. SEE
III • F U S CO E OTHERS ENVELOPE & MOISTURE PROTECTION PLANS BY
, DETAIL - BIOFILTRATION PLANTERS (BMPs 2,3 &4)
E N 6 1 N E E R I N 6 NOT TO SCALE
6390 Greenwich Dr.,Suite 170,San Diego,California 92122
Tel 858.554.1500 a fax 858.597.0335 o www.fuscoe.com
EXHIBIT °B° SHEET 3
STORM DRAIN CLEANOUT TYPE B-6 PER
SDRSD D-10 MODIFIED WITH ORIFICE PLATE
AS SHOWN.
FINISHED CONSTRUCT MANHOLE FRAME & COVER
SURFACE OPPOSITE CORNER OF HMP STORAGE
(FS) PIPE
H 1111 M — 1-
CONSTRUCT CLEANOUT STRUCTURE,
REINFORCEMENT, MANHOLE FRAME/COVER &
STEEL PLATE. MOUNT TO SIDES OF STEPS PER SDRSD D-9, D-11A/6, M-3.
CLEANOUT USING 2" x 2" x J" ANGLE
WITH j MIN. DIA. STAINLESS STEEL
BOLTS (12" MAX. SPACING)
ADS FLEXSTORM PIPE SCREEN
WITH REMOVABLE BYPASS LID.
BOLT SCREEN ONTO WEIR
PLATE
ORIFICE DIA. =0.55"
IE PER PLAN a "'
a �
I
12" PIPE OUTLET. N HMP STORAGE
IE OUT PER PLAN PIPE MANIFOLD
3' 3'
60" x 24" ECCENTRIC
REDUCER
DETAIL: HMP 1 FLOW CONTROL STRUCTURE
NOT TO SCALE TYPE I CATCH BASIN
PER SDRSD D-29 MODIFIED
WITH 3"x3° RECTANGULAR NOTCH
ON CONCRETE SIDE WALL
PONDING WATER SURFACE ELEVATION TOP OF BASIN
EQUAL TO TOP OF GRATE
h 11=11 - I'
FINISHED GRADE (FG) PER
PLAN (LEVEL BOTTOM) a - , I°
1.
a 1, 8" SOLID PIPE
I` c I OUTLET
L
n�1�1
6" PERF. UNDERDRAIN PIPE WITH
F U SCO E ORIFICE DIA. ORIFICE. IE PER PLAN
ORIFICE PLATE ATTACHED TO
I'I�ss INSIDE OF CATCH BASIN
E N 6 1 N E E R I N 6 DETAIL: HMP 2 FLOW CONTROL STRUCTURE
6390 Greenwich Dr.,Suite 170,San Diego,California 92122 NOT TO SCALE
tel 858.554.1500 o fax 858.597.0335 - www.fuscoe.com
EXHIBIT "C"
POST-CONSTRUCTION PERMANENT BMP
OPERATION & MAINTENANCE PROCEDURE DETAILS
STORM WATER MANAGEMENT AND DISCHARGE CONTROL MAINTENANCE AGREEMENT
O&M RESPONSIBLE PARTY DESIGNEE: SDUHSD
INSPECTION MAINTENANCE MAINTENANCE QUANTITY
BMP DESCRIPTION FREQUENCY FREQUENCY METHOD
TREATMENT CONTROL
PR-1 BIOFILTRATION BEFORE AND AFTER AS DETERMINED BY REMOVE TRASH AND 1 EA
BASIN (BMP 1) LARGE STORM EVENTS INSPECTION OF ANY DEBRIS. VEGETATION
OR ON A WEEKLY BLOCKAGE OF INLETS/ SHOULD BE TRIMMED
BASIS DURING PERIODS OUTLETS, STRUCTURAL TO MAX. 18 INCHES
OF WET WEATHER. DAMAGE AND EROSION IN HEIGHT.
DAMAGE.
BF-3 BIOFILTRATION BEFORE AND AFTER AS DETERMINED BY REMOVE TRASH AND 3 EA
PLANTERS (BMPs 2,3,4) LARGE STORM EVENTS INSPECTION OF ANY DEBRIS. VEGETATION
OR ON A WEEKLY BLOCKAGE OF INLETS/ SHOULD BE TRIMMED
BASIS DURING PERIODS OUTLETS, STRUCTURAL TO MAX. 18 INCHES
OF WET WEATHER. DAMAGE AND EROSION IN HEIGHT,
DAMAGE.
OISE CATCH BASIN MEDIA EVERY SIX MONTHS. EVERY SIX MONTHS. REMOVE TRASH AND 3 EA
FILTERS ON BMPs 2,3,4 DEBRIS PER
MANUFACTURER'S
GUIDELINES. REPLACE
FILTER MEDIA ONCE
A YEAR.
HYDROMODIFICATION CONTROL
FLOW CONTROL STRUCTURE BEFORE AND AFTER AS DETERMINED BY 1 EA
FOR HMP SYSTEM 1 LARGE STORM EVENTS INSPECTION OF ANY
OR ON A WEEKLY BLOCKAGE OF INLETS/
BASIS DURING PERIODS OUTLETS, STRUCTURAL
OF WET WEATHER. DAMAGE AND EROSION
DAMAGE.
FLOW CONTROL STRUCTURE BEFORE AND AFTER AS DETERMINED BY 1 EA
FOR HMP SYSTEM 1 LARGE STORM EVENTS INSPECTION OF ANY
OR ON A WEEKLY BLOCKAGE OF INLETS/
BASIS DURING PERIODS OUTLETS, STRUCTURAL
OF WET WEATHER. DAMAGE AND EROSION
DAMAGE.
FUSCOE
E N G I N E E R I N G
6390 Greenwich Dr.,Suite 170,San Diego,California 92122
tel 858.554.1500 o fax 858.597.0335 - www.fuscoe.com
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 S81:A �Dlyno )
On SanU 1'lA Q X19, before me, C c
- Ddte� cc�t J Here Insert N me and Title of the Offi r
personally appeared C CI(' J� �,, �
Name(s) of Signer(s)
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.
CYNTHIA G.SKEBER WITNESS my hand and official seal.
Notary Public-California
't San Diego County
Commission 12791345 n
My Comm.Expires Apr2B,2021 Signature ten•Ayt�Y-lii1.41�10 C�cQ n J
V Signature of NotarKPublic
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: �c']t'YT� 1'a} Jr :51'ePnmil- 1i WIQ,t},A OR KaneAnhtt
Document Date: Number of ages: IC)
Signer(s) Other Than Named A ove: N {�
Capacity(ies) Claimed by Signer(s�
Signer's Name: e V,k1 ; �f l Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited 1 General ❑ Partner — ❑ Limited ❑ General
Alndividual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: CI Other:
Signer Is Representing: SDU S`lD Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
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 70�h ) n
On s7 S ' 7_0 before me, �1PAGv c JNfyNe 1 No4fV R O'c ,
Date Here Insert_Na_m_g1 andl •title of the fficer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be t erson(s) whose name(s)(re
scribed to the within instrument and ackno�dged to me tha he/ he/they executed the same in
hi er/their authorized capacity(ies), and that b h' her/their signatur s on the instrument the person(s),
the entity upon behalf of which the persons cted, 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.
r d� ANGELA A. SI396
' NGEL/A. SIM6 WITNESS my hand and official seal.
N 4 + NOTARY PU -041WOnw N
SAN 11101 Caron
Mr Comm.to W 7,7021
Signature
Si nature 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 C General C 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:
02016 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907