HomeMy WebLinkAbout4 -- REVISED SWMA (5-28-19)Page 1 of 14
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
276 FOURTH AVENUE
CHULA VISTA, CA 91910
This Instrument Benefits City Only. Above Space for Recorder’s Use
No Fee Required.
CCV File No.: DR18-0019
STORM WATER MANAGEMENT FACILITIES MAINTENANCE
AGREEMENT WITH GRANT OF ACCESS AND COVENANTS
310-316 K Street
THIS STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT
(“Agreement”), dated ________ ______, 20__ for the purpose of reference only and effective the
date on which the last party hereto affixes his/her signature ("Effective Date"), is entered into
between Dan Floit (“Owner(s)”) and the City of Chula Vista, a municipal corporation, (“City”)
(individually, each may be referred to as “Party” and collectively as “Parties”) with ref erence to
the following facts:
RECITALS
WHEREAS, Owner(s) has(have) applied for Grading Permit for the development of
310-316 K Street , (“Project”), located on parcels 573-450-04-00, and 576-450-05-00
“Project Site” as depicted in Exhibit “A” and more particularly described in Exhibit “B”,
both attached hereto and incorporated herein by reference ; and
WHEREAS, as a condition of the Grading Permit Issuance, Owner(s) is(are) required to
implement and maintain structural or non-structural pollution prevention measures, such as site
design, source control, treatment control, and hydromodification control (where applicable)
methods required to minimize polluted runoff and any other environmental impacts from Project
during the post-development phase (collectively “BMPs”); and
WHEREAS, pursuant to City’s urban runoff regulations , including Chula Vista
Municipal Code, Chapter 14.20 (the “Storm Water Management and Discharge Control
Ordinance) and the Chula Vista BMP Design Manual, Owner(s) is(are) required to prepare and
submit a Stormwater Quality Management Plan (SWQMP), which includes an Inspection,
Operation, and Maintenance Plan (IOMP); and
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WHEREAS, the Owner(s) has(have) submitted SWQMP, which is on file in the office of
the City Engineer; and
WHEREAS, the SWQMP proposes that storm water runoff from Project be detained and
treated by the use of permanent Storm Water Management Facilities (“SWMFs”); and
WHEREAS, the SWMFs are classified in the SWQMP as site design, treatment control,
and hydromodification control BMPs; and
WHEREAS, the SWQMP specifies the manner and standards by which the SWMFs must
be inspected, maintained, and repaired in order to retain their effectiveness; and
WHEREAS, prior to the issuance of any construction permits for Project, City requires
Owner(s) to enter into Agreement to ensure the installation, inspection, maintenance, and repair
of permanent SWMFs.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the following covenants, terms, and
conditions:
ARTICLE I. DEFINITIONS
1.1 Unless context indicates otherwise, for the purpose of this Agreement, all the below -listed
terms shall be defined as follows:
“Agreement” means this Storm Water Management Facilities Maintenance Agreement.
“Best Management Practices, or BMPs” means structural or non -structural pollution
prevention measures, such as site design, source control, treatment control, and
hydromodification control methods required to minimize polluted runoff from Project
during the post-development phase. BMPs include, but are not limited to, Storm Water
Management Facilities.
“City” means the City of Chula Vista, an official of the City, or any staff member
authorized to act on behalf of the City.
“Inspection, Operation, and Maintenance Plan, or IOMP” means a description of
inspection, operation, and maintenance activities and schedules required to ensure proper
operation and effectiveness of the SWMFs into perpetuity.
“Owner(s)” means the land owner(s) of Project Site, which is the subject of this
Agreement, anyone authorized to act on behalf of the land owner(s) of Project Site, and any
and all of owner’s successors in interest, whether individual, partnership, corporation, or
other entity such as a Home Owners’ Association, regardless of the manner of transfer,
including purchase, devise, or gift. If land owner of SWMFs is different from development
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land owner (as may be in the case of offsite SWMFs), both owners are parties to
Agreement and shall sign the Signature Page as Owner(s)
“Project” means all improvements and land dedicated to the development, which is the
subject of Agreement, including any offsite water quality facilities.
“Project Site” means the land dedicated to the development, which is the subject of
Agreement, including any offsite water quality facilities.
“Responsible Party” means Owner(s) and any other person, corporation, or legal entity
accepting, in writing and in City approved form, responsibility on behalf of Owner(s).
“Security” means any Bond, Cash Deposit, or Letter of Credit that City may require from
Owner(s) to assure the faithful performance of the obligations of Agreement.
“Storm Water Management Facilities” (“SWMFs”) means all onsite and off site structural
facilities constructed as Project’s site design, treatment control, or hydromodification
control BMPs, proposed as part of the development project submittals, and as approved by
City prior to the issuance of a development permit, or as amen ded with City’s approval
after the development is complete.
“Water Quality Technical Report” (“SWQMP”) means a document prepared in accordance
with the requirements of the Chula Vista Development Storm Water Manual, and submitted
to the City as part of Project’s permit application documents.
ARTICLE II. – OWNER’S OBLIGATIONS
2.1 Maintenance of Stormwater Management Facilities. Owner(s) shall install, inspect,
maintain, repair, and replace all SWMFs for the Project as required by the Director of
Public Works, or his/her designated representative (“Director).
2.1.1 Scope of Maintenance. Maintenance shall include inspection and servicing of
SWMFs on the schedule determined necessary to ensure the SWMFs retain their
effectiveness.
2.1.2 Duration of Obligation. Owner’s obligation to maintain, repair and replace the
SWMFs shall continue in perpetuity until all obligations under this Agreement are
transferred to, and assumed by, another owner or entity approved by City
(“Responsible Party”).
2.2 Grant of Right of Entry. Owner(s) shall grant to the City, its representatives, or
contractors, or any Responsible Party, the right to enter the Project to inspect SWMFs, or
perform any permitted acts or obligations under this Agreement, including maintenance of
said facilities in the event the Owner(s) fails(fail) to fulfill its(their) maintenance
obligations after proper notice.
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2.2.1 No Prior Notice. City shall have the right, at any time and without prior notice to
Owner(s), to enter upon any part of Project as may be necessary or convenient for any
acts permitted hereunder.
2.2.2 Unobstructed Access. Owner(s) shall at all times maintain Project so as to make
City’s access clear and unobstructed.
2.3 Modification of IOMP. Owner(s) shall, at the City’s request, in City’s sole discretion,
amend the IOMP. The Owner(s) may amend the IOMP from time-to-time, subject to City
approval. The IOMP is attached hereto as Exhibit “C.”
2.3.1 Part of Owner’s Obligations. Any obligations, conditions, or requirements of an
amended IOMP shall become part of this Agreement immediately as if originally
included herein, and the Owner(s) shall be responsible for such amended obligations,
conditions, or requirements. The amended IOMP shall not be applied retroactively.
The IOMP shall describe employee training programs and duties, routine inspection,
service and operating schedules, maintenance frequency, and specific maintenance
activities.
2.4 Submission of Documents. Owner(s) shall include a copy of the Inspection, Operation,
and Maintenance Plan (“IOMP”) for the SWMFs in the SWQMP for Project and submit a
copy to City, at the time Agreement is executed.
ARTICLE III. – CITY’S RIGHTS
3.1 Perform Maintenance. City shall have the right, but not the obligation, to elect to
perform any or all of the maintenance activities
3.1.1 Notice. Except in the Case of an emergency, prior to performing any maintenance
activities, City shall provide Owner(s) with a written notice, informing Owner(s) of
its (their) failure to satisfactorily perform its (their) obligations under Agreement.
3.1.1.1 Emergencies. In the event of an emergency, as determined by City, City shall
not be required to provide Owner(s) with notice in advance of performing any
and all maintenance activities it deems necessary.
3.1.2 Time to Cure. Owner(s) shall have a reasonable time, as defined in the Notice, to
cure any failure to perform its (their) maintenance obligations. If a cure cannot be
completed within the time limit identified in the Notice, Owner(s) shall provide City
with a written request for additional time, which shall include sufficiently detailed
explanation as to why the cure cannot be completed within such timeframe. If the
City approves a request for additional time, Owner(s) shall immediately commence
such cure and diligently pursue to completion.
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3.1.3 Costs of Maintenance. In the event City performs any maintenance under this Article
III, then Owner(s) shall pay all costs City incurred in performing said maintenance
activities. Payment shall be subject to the following terms:
3.1.3.1 Due Date. Net 30.
3.1.3.2 Interest. Any late payment shall be subject to a rate of eight percent (8%)
interest per annum.
3.1.3.3 Use of Security. If payment is not received by the Due Date, City may, at its
option, recover its costs through use of any security provided by Owner (s).
Any costs associated with recovery shall be charged to and be an obligation of
Owner(s).
3.2 City Inspections. City shall have the right to conduct inspections of the SWMFs from
time-to-time as required by the National Pollutant Discharge Elimination System
Municipal Permit, Order No. R9-2013-0001 and any re-issuances thereof, to ensure
adequate maintenance and effectiveness of the SWMFs. Owner(s) agrees (agree) to pay all
inspection fees as may be established by City.
ARTICLE IV. INDEMNITY
4.1 General Requirement. Owner(s) shall defend, indemnify, protect and hold harmless the
City, its elected and appointed officers, agents, employees, and volunteers (“Indemnitees”)
from and against any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death,
in any manner arising out of or incident to any alleged acts, omissions, negligence, or
willful misconduct of Owner(s), its officials, officers, employees, agents, and contractors
(“Indemnitors”), arising out of or related to the installation, inspection, maintenance, repair,
or replacement of the BMPs or this Agreement. This indemnity pr ovision does not include
any claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the Indemnitees. Also
covered is under the indemnity obligations is liability arising from, connected with, caused
by or claimed to be caused by the active or passive negligent acts or omissions of the
Indemnitees, which may be in combination with the active or passive negligent acts or
omissions of the Indemnitors.
4.2 Costs of Defense and Award. Included in the obligations in Section 4.1, above, is the
Owner’s obligation to defend, at Owner’s own cost, expense and risk, any and all aforesaid
suits, actions or other legal proceedings of every kind that may be brought or i nstituted
against the Indemnitees. Owner(s) shall pay and satisfy any judgment, award or decree that
may be rendered against Indemnitees for any and all legal expense and cost incurred by
each of them in connection therewith.
4.3 Conduct Own Defense. If City elects, at its sole discretion, to conduct its own defense,
participate in its own defense, or obtain independent legal counsel in defense on any claim
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related to the installation, inspection, maintenance, repair or replacement of the SWMFs,
Owner(s) agrees (agree) to pay the reasonable value of attorney’s fees and all of City’s
reasonable costs.
4.4 Insurance Proceeds. Owner’s obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by Indemnitees.
4.5 Declarations. Owner’s obligations under this Article IV shall not be limited by any prior
or subsequent declaration by the Owner(s).
4.6 Enforcement Costs. Owner(s) agrees (agree) to pay any and all costs Indemnitees incur
enforcing the indemnity and defense provisions set forth in this Article IV.
4.7 Survival. Owner’s obligations under this Article IV shall survive the termination of this
Agreement.
ARTICLE V. INSURANCE
5.1 Insurance. In the event that insurance is required by City, Owner(s) shall not begin work
under this Agreement until it has (they have) : (i) obtained, and upon the City’s request
provided to the City, insurance certificates reflecting evidence of all insurance required in
this Article V; (ii) obtained City approval of each company or compani es; and (iii)
confirmed that all policies contain the specific provisions required by this Section.
5.2 Types of Insurance. At all times during the term of this Agreement, Owner(s) shall
maintain those types of insurance coverage and amounts of coverag e required by City to
protect the City from any potential claims, which may arise from the installation,
inspection, maintenance, repair or replacement of the SWMFs or any other obligations
under this Agreement.
5.3 Policy Endorsements Required.
5.3.1 Additional Insureds. City of Chula Vista, its officers, officials, employees, agents
and volunteers are to be named as additional insureds with respect all required
policies of insurance with respect to liability arising out of obligations under this
Agreement performed by or on behalf of the Owner(s).
5.3.2 Primary Insurance. The Owner’s General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers is wholly separate from the insurance of the
Owner(s) and in no way relieves the Owner(s) from its (their) responsibility to
provide insurance.
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5.3.3 Waiver of Subrogation. Owner’s insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement.
5.3.4 Cancellation. The insurance policies required must be endorsed to state that c overage
will not be canceled by either party, except after thirty (30) days’ prior written notice
to the City by certified mail, return receipt requested. The words “will endeavor” and
“but failure to mail such notice shall impose no obligation or liabili ty of any kind
upon the company, its agents, or representatives” shall be deleted from all certificates.
5.4 Proof of Insurance Coverage. Owner(s) shall furnish the City with original certificates
and amendatory endorsements affecting coverage required. The endorsements should be
on insurance industry forms, provided those endorsements or policies conform to the
contract requirements. All certificates and endorsements are to be received and approved
by the City before work commences on the Project. The City reserves the right to require,
at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
5.5 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the option of the City, either the insurer
will reduce or eliminate such deductibles or self-insured retentions as they pertain to the
City, its officers, officials, employees and volunteers; or the Owner(s) will provide a
financial guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5.6 Active Negligence. Coverage shall not extend to any inde mnity coverage for the active
negligence of the additional insureds in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil
Code.
5.7 Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
be construed to limit the Owner’s obligations under this Agreement, including Indemnity.
ARTICLE VI. SECURITY
6.1 Security Required. If within any five-year period, City inspectors determine on two
occasions that Owner(s) has (have) failed to effectively operate, maintain, or repair the
SWMFs, City may require Owner(s) to provide City with Security to assure the faithful
performance of the obligations of this Agreement.
6.1.1 Amount of Security. The amount of the security shall equal the cost to maintain the
SWMFs for two (2) years, which cost shall be determined as identified in the Project
SWQMP (“Security Amount”).
6.1.2 Type of Security. Security may be of any of the following types:
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6.1.2.1 Performance Bond. Owner(s) shall provide to the City a performance bond in
favor of the City in the Security Amount and subject to the provisions below.
a. Certificate of Agency. All bonds signed by an agent must be accompanied
by a certified copy of such agent’s authority to act.
b. Licensing and Rating. The bonds shall be from surety companies admitted
to do business in the State of California, licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits
required by this agreement, listed as approved by the United States
Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and
which also satisfy the requirements stated in Section 995.660 of the Code
of Civil Procedure, except as provided otherwise by laws or regulation,
and have a minimum AM Best rating of “A-” to an amount not to exceed
ten percent (10%) of its capital and surplus.
c. Insolvency or Bankruptcy. If the surety on any bond furnished by the
Owner(s) is declared bankrupt or becomes insolvent or its right to do
business is terminated in any state where any part of the Project is located,
Owner(s) shall within seven (7) days thereafter substitute or require the
substitution of another bond and surety, acceptable to the City.
6.1.2.2 Letter of Credit. As security for Owner’s obligations under this Agreement,
Owner(s) shall cause an irrevocable letter of credit in the Security Amount
(“Letter of Credit”) to be issued in favor of the City by a reputable state or
national financial institution with a branch located in Chula Vista.
a. Draw on Letter of Credit. The City may draw upon the Letter of Credit
for the full amount or any series of partial amounts as necessary by means
of a sight draft accompanied by a statement from the City Manager,
Deputy City Manager, Business Center Manager, that the Owner(s)
has(have) not satisfied Owner’s obligations hereunder.
6.1.2.3 Cash Deposit. In lieu of a Performance Bond or Letter of Credit, Owner (s)
may deposit the Security Amount with the City.
a. Return of Security. Any unused balance of the Security at the end of the
Term shall be returned to the Owner(s) in accordance with City’s
accounting procedures.
6.1.3 Adjustment for Inflation. The Security Amount shall be adjusted at a rate of 5% per
annum.
6.1.4 Term. Security shall remain in full force and effect for two (2) years from the date it
is received by the City provided no further failures are identified by City Inspectors
during the initial two (2) year period. In the event additional violation s occur, the
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City shall retain the Security until such time as the City Manager, in his sole
discretion, deems appropriate to ensure the Owner’s obligations will be satisfied.
6.1.5 Form of Security. Security required under this Article shall be in a form satisfactory
to the City Manager and City Attorney.
6.1.6 Use of Security. In accordance with Article III, City may use all or any portion of
this Security to fund the costs associated with the City’s performance of any of the
maintenance activities for the Project’s SWMFs.
6.1.7 Replenish Security. If at any time the Security Amount shall drop below the amount
required under Section 6.1.1, Owner(s) shall deposit additional funds, provide an
additional Letter of Credit to City, or provide an additiona l bond within thirty (30)
days, such that the total amount of Security available to the City is equal to the
amount required in Section 6.1.1.
ARTICLE VII. RECORDS
7.1 Record Keeping. The designation of a Responsible Party to maintain the SWMFs does
not relieve Owner(s) of any of the obligations or duties under this Agreement. Owner (s),
its (their) successors, or a designated Responsible Party, shall retain records of the IOMP
and maintenance and inspection activities for at least five years. Said rec ords shall be
made available within 5 days, upon request by City.
ARTICLE VIII. STANDARD PROVISIONS
8.1 Headings. All headings are for convenience only and shall not affect the interpretation of
this Agreement.
8.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender
includes the masculine and the feminine genders and (ii) the singular number includes the
plural number.
8.3 Reference to Paragraphs. Each reference in this Agreement to an Article or Section
refers, unless otherwise stated, to an Article or Section in this Agreement.
8.4. Incorporation of Recitals. All recitals herein are incorporated into this Agreement and
are made a part hereof.
8.5 Covenants and Conditions. All provisions of this Agreement expressed as either
covenants or conditions on the part of the City or the Owner (s), shall be deemed to be both
covenants and conditions.
8.6 Integration. This Agreement and the Exhibits and references incorporated into this
Agreement fully express all understandings of the Parties concerning the matters covered in
this Agreement. No change, alteration, or modification of the terms or conditions of this
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Agreement, and no verbal understanding of the Parties, their officers, agents, or employees
shall be valid unless made in the form of a written change agreed to in writing by both
Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations
and agreements are merged into this Agreement.
8.7 Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render any other provision of this Agreement unenforceable, invalid,
or illegal. In the event that any provision of this Agreement shall for any reason, be
determined to be invalid, illegal, or unenforceable in any respect, the remainder of this
Agreement shall remain in full force and effect and the parties hereto shall negotiate in
good faith and agree to such amendments, modifications, or supplements to this Agreement
or such other appropriate action as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the parties as reflected herein.
8.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be
advised by counsel with respect to the negotiations, terms and conditions of this
Agreement, and the decision of whether or not to seek advice of counsel with respect to this
Agreement is a decision that is the sole responsibility of each Party. This Agreement shall
not be construed in favor of or against either Party by reason of the extent to which each
Party participated in the drafting of the Agreement.
8.9 Conflicts Between Terms . If an apparent conflict or inconsistency exists between the
main body of this Agreement and the Exhibits, the main body of this Agreement shall
control. If a conflict exists between an applicable federal, state, or local law, rule,
regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall
control. Varying degrees of stringency among the main body of this Agreement, the
Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the
most stringent requirement shall control. Each Party shall notify the other immediately
upon the identification of any apparent conflict or inconsistency concerning this
Agreement.
8.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in
this Agreement.
8.11 Good Faith Performance. The Parties shall cooperate with each other in good faith, and
assist each other in the performance of the provisions of this Agreement.
8.12 Further Assurances. City and Owner each agree to execute and deliver such additional
documents as may be required to effectuate the purposes of this Agreement.
8.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this
reference:
Exhibit A: Vicinity map
Exhibit B: Legal Description for Project
Exhibit C: BMP and HMP type, location and dimensions
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Exhibit D: Maintenance recommendations and frequency. Inspection, Operation, and
Maintenance Plan (IOMP)
8.14 Compliance with Controlling Law. The Owner(s) shall comply with all laws, ordinances,
regulations, and policies of the federal, state, and local governments applicable to this
Agreement. In addition, the Owner(s) shall comply immediately with all directives issued
by the City or its authorized representatives under authority of any laws, statutes,
ordinances, rules, or regulations.
8.15 Enforcement. Failure to comply with the terms of this Agreement constitutes a violation
of the Chula Vista Municipal Code Chapter 14.20 “Storm Water Management and
Discharge Control” and may result in enforcement action pursuant to City’s storm water
regulations and administrative procedures.
8.16 Jurisdiction, Venue, and Attorney Fees . This Agreement shall be governed by and
construed in accordance with the laws of the State of California. Any action arising u nder
or relating to this Agreement shall be brought only in the federal or state courts located in
San Diego County, State of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and performanc e hereunder, shall be
the City of Chula Vista. The prevailing Party in any such suit or proceeding shall be
entitled to a reasonable award of attorney fees in addition to any other award made in such
suit or proceeding.
8.17 Administrative Claims Requirement and Procedures. No suit shall be brought arising
out of this agreement, against the City, unless a claim has first been presented in writing
and filed with the City of Chula Vista and acted upon by the City of Chula Vista in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if fully set forth herein.
8.18 Third Party Relationships. Nothing in this Agreement shall create a contractual
relationship between City and any individual, entity, or other not a party to this Agreement.
8.19 Non-Assignment. The Owner(s) shall not assign the obligations under this Agreement,
whether by express assignment, by sale of the company, or any monies due or to become
due, without the City's prior written approval. Any assignment in violation of this
paragraph shall constitute a Default. In no event shall any putative assignment create a
contractual relationship between the City and any putative assignee.
8.20 Successors in Interest. This Agreement and all rights and obligations created by this
Agreement shall be in force and effect whether or not any Parties to the Agreement have
been succeeded by another entity, and all rights and obligations created by this Agreem ent
shall be vested and binding on any Party's successor in interest.
8.21 Agreement Runs with Project. The terms, covenants and conditions contained in this
Agreement shall constitute covenants running with the land and shall be binding upon the
heirs, executors, administrators, successors and assigns of Owner(s) and City and shall be
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deemed to be for the benefit of all persons owning any interest in Project, the City, and the
Public. It is the intent of the Parties that this Agreement be recorded and be binding upon
all persons purchasing or otherwise acquiring all or any lot, unit or other portion of Project,
who shall be deemed to have consented to and become bound by all the provisions of this
Agreement. This Agreement shall commence upon execution of this Agreement by all
Parties named in the Agreement.
8.22 Independent Contractors. The Owner(s), any contractors, subcontractors, and any other
individuals employed by the Owner(s) shall be independent contractors and not agents of
the City. Any provisions of this Agreement that may appear to give the City any right to
direct the Owner(s) concerning the details of performing the Services under this
Agreement, or to exercise any control over such performance, shall mean only that the
Owner(s) shall follow the direction of the City concerning the end results of the
performance.
8.23 No Waiver. No failure of either the City or Owner(s) to insist upon the strict performance
by the other of any covenant, term or condition of this Agreement, nor any failure to
exercise any right or remedy consequent upon a breach of any covenant, term, or condition
of this Agreement, shall constitute a waiver of any such breach of such covenant, term or
condition. No waiver of any breach shall affect or alter this Agreement, and each and every
covenant, condition, and term hereof shall continue in full force and effect to any existing
or subsequent breach.
8.24 Notices. Owner(s) agrees(agree) that it shall, prior to transferring ownership of any land
on which any part of the Project covered by this Agreement are located, and also prior to
transferring ownership of any such SWMFs, provide clear written notice of the above
maintenance obligations associated with that SWMF to the transferee. Owner(s) further
agrees(agree) to provide evidence that Owner(s) has(have) requested the California
Department of Real Estate to include in the public report issued for the development of
Project, a notification regarding the SWMF maintenance requirements described in this
Agreement.
8.24.1 Serving Notice. All notices, demands or requests provided for or permitted to be
given pursuant to this Agreement must be in writing. All notices, demands and
requests to be sent to any Party shall be deemed to have been properly given or
served if personally served or deposited in the United States mail, addressed to such
party, postage prepaid, registered or certified, with return receipt requested
8.25 Entitlement to Subsequent Notices. No notice to or demand on the Parties for notice of
an event not herein legally required to be given shall in itself create the right in the Parties
to any other or further notice or demand in the same, similar or other circumstances.
8.26 Remedies. The rights of the Parties under this Agreement are cumulative and not
exclusive of any rights or remedies that the Parties might otherwise have unless this
Agreement provides to the contrary.
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8.27 Counterparts. This Agreement may be executed in more than one counterpart, each of
which shall be deemed to be an original but all of which, when taken together shall
constitute but one instrument.
8.28 Signing Authority. Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement; that all resolutions or other actions have been taken so as to enable it
to enter into this Agreement and agrees to hold the other Party or Parties hereto harmless if
it is later determined that such authority does not exist.
End of page (next page is signature page)
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SIGNATURE PAGE FOR
STORM WATER MANAGEMENT FACILITIES MAINTENANCE
AGREEMENT WITH GRANT OF ACCESS AND COVENANTS
(310-316 K Street)
IN WITNESS WHEREOF, the parties have executed this Agreement on the day of
, 20__.
OWNER: CITY OF CHULA VISTA:
City Engineer
Dan Floit
Signature: APPROVED AS TO FORM:
Its:
City Attorney
By:
Its:
ATTEST:
City Clerk
Dated:
(Notary to attach acknowledgment for each signature.)
(Corporate Authority required for each Signatory, if applicable.)
Attachments:
1. Exhibit A: Depiction of Project Site
2. Exhibit B: Legal Description for Project Site
3. Exhibit C: BMP and HMP type, location and dimensions
4. Exhibit D: Maintenance recommendations and frequency. Inspection, Operation, and
Maintenance Plan (IOMP)
J:\Engineer\LANDDEV\Projects\Planning Projects\DRC\2018\DR18-0019 310-316 K St\DR18-0019 310-316 K st. Storm Water Maintenance
Agreement.doc
VICINITY MAP
EXHIBIT A
303 A STREET, SUITE 302
SAN DIEGO, CA 92101
t: 619 269-3444 | f: 619 269-3459
www.kettlerleweck.com
ETTLER EWECKKL
ENGINEERING
DATE: 4-23-2019
LEGAL DESCRIPTION
EXHIBIT B
303 A STREET, SUITE 302
SAN DIEGO, CA 92101
t: 619 269-3444 | f: 619 269-3459
www.kettlerleweck.com
ETTLER EWECKKL
ENGINEERING
DATE: 4-23-2019
LEGEND
DRAINAGE MANAGEMENT
AREA BOUNDARY
DRAINAGE MANAGEMENT
SUB AREA
DMA2
DMA1
DMA1
BMP1BMP TREATMENT LOCATION
MWU1MODULAR WETLAND UNIT
K STREET
303 A STREET, SUITE 302
SAN DIEGO, CA 92101
t: 619 269-3444 | f: 619 269-3459
www.kettlerleweck.com
ETTLER EWECKKL
ENGINEERING
DATE: 4-23-2019
EXHIBIT C
DMA4
DMA3
310-316 K STREET
SHEET 1 OF 2
BMP1
(MWU1)
BMP2
(MWU2)
STORM DRAIN
STORM DRAIN WET WELL
AND PUMP
CURB OUTLET
BUILDING LIMITS
BMP 3 (SELF-MITIGATING)
BMP 4 (LANDSCAPE)
303 A STREET, SUITE 302
SAN DIEGO, CA 92101
t: 619 269-3444 | f: 619 269-3459
www.kettlerleweck.com
ETTLER EWECKKL
ENGINEERING
DATE: 4-23-2019
EXHIBIT C
310-316 K STREET
SHEET 2 OF 2
EXHIBIT D
OPERATIONS & MAINTENANCE SCHEDULE
310 – 316 K STREET
APARTMENT HOUSING POST
CONSTRUCTION BMP
MAINTENANCE, RESPONSIBILITY, AND
FREQUENCY MATRIX
RESPONSIBLE PARTY: LAND OWNER
BEST
MANAGEMENT
PRACTICES
(BMPS)
INSPECTION
FREQUENCY
MAINTENANCE & REPAIR ACTIVITIES
BMP #1 & 2
MODULAL
WETLAND UNIT
WITHIN 6 TO 12
MONTHS
WITHING 12 TO 24
MONTHS
-REMOVE TRASH FROM SCREENING DEVICE
- TRIM VEGATATION
-REMOVE SEDIMENT FORM SEPARATION
CHAMBER
- REPLACE CARTRIDGE FILTER MEDIA
- REPLACE DRAIN DOWN FILTER MEDIA
BMP #3 NON-
STORM WATER
DISCHARGE
CONTINUOUS
AND
ANNUALLY
-TRAINING OF LANDOWNER
-MAINTAIN LEGIBILITY OF STORM DRAIN INLET
SIGNAGE/STENCILING
-ISOLATE PROBLEM AREAS AND PLUG ILLEGAL
DISCHARGE POINTS
-ON PAVED AREAS, CLEAN UP SPILLS WITH AS
LITTLE WATER AS POSSIBLE
-FOR SMALL SPILLS, USE ABSORBENT MATERIALS
RATHER
THEN HOSING DOWN SPILL AREA
BMP #4
EFFICIENT
IRRIGATION
MONTHLY -TRAINING OF LANDOWNER
-INSPECT EQUIPMENT WATER SENSORS,
IRRIGATION HEADS, AND TIMING MONTHLY
TO ENSURE PROPER FUNCTION
-INSPECT IRRIGATION SYSTEM PERIODICALLY
TO ENSURE THAT THE RIGHT AMOUNT OF
WATER IS BEING APPLIED AND THAT EXCESSIVE
RUNOFF IS NOT OCCURRING. MINIMIZE EXCESS
WATERING AND REPAIR LEAKS IN THE
IRRIGATION SYSTEM AS SOON AS THEY ARE
OBSERVED
-SWEEP PAVED AREAS REGULARLY TO COLLECT
LOOSE PARTICLES
-WIPE UP SPILLS WITH RAGS OR OTHER
ABSORBENT MATERIAL IMMEDIATELY, DO NOT
HOSE DOWN THE AREA TO A STORM DRAIN
-SWITCH TO NON-TOXIC CHEMICALS FOR
MAINTENANCE WHEN POSSIBLE AND CHOOSE
CLEANING AGENTS THAT
CAN BE RECYCLED
BMP #5
STORM DRAIN
SYSTEM SIGNS
MONTHLY -TRAINING OF LANDOWNER
-INSPECT STORM DRAIN INLET
SIGNAGE/STENCILING FOR LEGIBILITY
BMP #6
SOLID WASTE
MANAGMENT
WEEKLY -TRAINING OF LANDOWNER
-INSPECT TRASH ENCLOSURE AREA REGULARLY
-ARRANGE FOR REGULAR WASTE COLLECTION