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PW 51 Gold Hill Grade Stormwater Management Agr.7 F l� to RECORD WITHOUT FEE PER G.C. 27383 RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: Esther Beirne, City Clerk City of San Rafael P.O. Box 151560 San Rafael, CA 95415-1560 Assessor's Parcel No. 01 5-091-03 �1 Ill�lll��l�l�l�li�lll�l�l��l�llli��lll �II 2017-0022983 Recorded I REC FEE 0.00 Official Records I County of I CONFORMED COPY 0.00 tlarin I RICHARD H. BENSON I Assessor -Recorder I County Clerk I I RS 08:48AII 09 -Jun -2017 I Page 1 of 7 STORMWATER MANAGEMENT FACILITIES AGREEMENT This Agreement is entered into as of the 17 day of April, 2017, by and between the CITY OF SAN RAFAEL, a charter city (hereinafter "CITY"), and MARTIN J. COYNE (hereinafter "OWNER"). WHEREAS, OWNER owns certain real property known as 51 Gold Hill Grade, San Rafael, California more specifically identified by deed in Recorder's Document Number 17-0003436 and described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, the conditions of approval for a development project on the property, as contained in CITY Planning Commission Resolutions No. 16-19 and 16-20, adopted on September 13th, 2016, require OWNER to construct certain improvement, which include stormwater management facilities on the Property, the approved plans for which are included in the plans titled "Improvement Plans 51 Gold Hill Grade Subdivision" dated September 2016; which are on file with the Department of Public Works of the CITY, and collectively referred to hereafter as the "Improvements"; and WHEREAS, the aforementioned conditions of approval of the development project also required OWNER to maintain the Improvements in perpetuity, and to enter into an agreement with CITY specifying the scope of OWNER'S maintenance obligations and the rights of CITY with respect to enforcement of OWNER'S maintenance obligations. NOW THEREFORE, the parties agree as follows: 1. At its sole expense, the OWNER shall construct the Improvements in accordance with the approved plans on file with the CITY, within two (2) years of April 171h, 2017, or prior to occupancy of any residence constructed on the Property, whichever occurs first. 2. At its sole expense, OWNER shall use its best efforts to diligently and adequately maintain the Improvements, in perpetuity, in a manner assuring peak performance at all times, 5-1- 37.) �- t4 -4 -6 -is . and shall make such changes or modifications, subject to CITY approval, as may be reasonably necessary for the Improvements to continue to operate as originally designed and approved. 3. At its sole expense, OWNER shall inspect the Improvements as often as required, but in any event at least once a year, and shall provide CITY with an Annual Inspection Report on or before the anniversary of this Agreement, in a form approved by CITY, which describes the condition and performance of the Improvements. 4. OWNER, in removing and disposing of any materials as part of its maintenance of the Improvements, shall comply with all federal, state, and local laws. Upon CITY's written request, OWNER, at its sole expense, shall provide CITY with documentation in a form approved by the City identifying any materials removed in connection with maintenance of the Improvements, their quantity, and their destination. 5. OWNED agrees that CITY, its employees, contractors, and agents, may enter upon the Property, upon twenty-four (24) hours advance written notice, for any duration of time reasonably necessary to inspect the Improvements and do any related testing. CITY agrees that every effort shall be taken to minimize or avoid interference with OWNER's use of the Property in connection with such an inspection. 6. In the event OWNER fails to satisfactorily maintain the Improvements as required under this Agreement, and OWNER fails to cure such failure within thirty (30) days after written notice to cure is given by CITY, CITY, its employees, contractors, and agents, may enter the Property to cause any maintenance as may be necessary to be done on the Improvements, and may thereafter bill OWNER for the entire cost and expense of such maintenance, including administrative costs and interest, to the maximum amount permitted by law, from and after 30 days from the date the maintenance expense bill is mailed by CITY to OWNER. In the event any such maintenance expense bill is not paid within said 30 days, CITY may initiate a civil action to recover the amount owed, and the prevailing party in such action shall be entitled to recover its costs, including reasonable attorney's fees. CITY also shall be entitled to cause a lien for any such unpaid maintenance expense bill to be recorded against the Property. In addition, CITY shall be entitled to have the unpaid amount of the maintenance expense bill placed as a special assessment on the next regular tax bill levied against the Property, after which such assessment shall be collected in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedures under foreclosure and sale in the case of delinquency as provided for ordinary municipal taxes. 7. CITY may require OWNER, from time to time, to post security in a form, amount, and for a time period satisfactory to CITY to guarantee performance of the obligations stated herein. Should OWNER fail to perform the obligations under this Agreement, CITY may, in the case of a cash bond, act for OWNER using the proceeds from such cash bond, or in the case of a surety bond, require the surety to perform the obligations of this Agreement. 8. OWNER shall indemnify, hold harmless, and defend the CITY from and against any and all claims, demands, suits, liabilities, losses, damages and payments, including reasonable attorneys' fees, claimed or made against or incurred by CITY arising from OWNER's construction, operation or maintenance of the Improvements. However, to the extent that liability is caused by the active negligence or willful misconduct of CITY, OWNER's indemnification obligation shall be reduced in proportion to the CITY's share of liability for the active negligence or willful misconduct. 9. This Agreement shall be binding upon the parties and their administrators, representatives, successors and assigns, and shall inure to the benefit of the parties, and each of thein, and to their administrators, representatives, successors and assigns. 10. This Agreement shall be recorded in the Office of the Recorder of Marin County, California, at the expense of OWNER, and shall constitute notice of the obligations herein set forth, which shall run with the land and shall be binding upon all of the successors and assigns in title to the Property. 11. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows, except that notice also may be given to OWNER at the address(es) shown on the records for the Property maintained by the Assessor -Recorder of Marin County, California: TO CITY: Public Works Director Public Works Department City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO OWNER: Martin J. Coyne PO Box 330267 San Francisco, CA 94133 12. In the event that legal action is necessary to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and legal costs. IN WITNESS WHEREOF, the parties have affixed their signatures as of the date first hereinabove written. CITY OF SAN RAFAEL OWNER By: Jim Sutz City Manna r Martin J. C�ne ATTEST: Esther Beirne, City Clerk APPROVED AS TO FORM: Robert Epstein,City A orneyr NOTARIZATIONS ATTACHED 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 Marin On I- before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared MAS ieri J �© g/ .0 &*- 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 acknowledged to me that fie/she/they executed the same in 0/her/their authorized capacity(ies), and that b)os/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. WITNESS my hand and official seal. E. BEIRNE COMM. #2112433 z � a► Notary Public . California c Z Marin County �, My Comm. Expires June 10, 2019r Signature (Seal) 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 Marin On -15010].2o,1- before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared 1KJ 51-14 U 7 z 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 acknowledged to me thane/she/they executed the same in a/her/their authorized capacity(ies), and that by i /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. WITNESS my hand and official seal. E. BEIRNE c COMM. #2112433 zz W Notary Public - California o Z Marin County Signature R"� (Seal) W Comm. Expires June 10, 20191 OBERKAMPER & ASSOCIATES 8/16/16 CIVIL ENGINEERS, INC Job No. 14-145 LEGAL DESCRIPTION LANDS OF COYNE AFTER LOTLINE ADJUSTMENT All that certain real property situate in the City of San Rafael, County of Marin, State of California, being a portion of that parcel of land as described in the Grant Deed from Christa Quinn to Martin J. Coyne, recorded by document serial number 2016-0003953, Marin County Records, and shown as "Lands of Berger" on that Record of Survey recorded in Book 20 of Surveys at page 91, Marin County Records, more particularly described as follows: Beginning at a point on the Northerly line of Gold Hill Grade, point being the Southwesterly corner of said Coyne parcel and the Southeasterly comer of the parcel of land conveyed to Yukon International Management, LLC and DeLeon Builders, Inc, by the Grant Deed recorded by document serial number 2015-0059497, Marin County Records, thence along the line common to the Westerly line of said Coyne parcel and the Easterly line of said Yukon et al. Parcel, North 08°17'00" West 94.80 feet; thence continuing North 08°47'00" West 232.84 feet; thence leaving said common line North 12°20'35" East 71.63 feet to a point on the Southerly line of Gold Hill Grade; thence along the line of Gold Hill Grade the following courses and distances: South 53'16'13" East 34.60 feet; North 88°05'06" East 68.39 feet; North 52147'18" East 53.75 feet; North 35°03'00" East 88.40 feet; South 32°44'00" East 46.80 feet; South 42°49'00" East 54.90 feet; South 63°25'00" East 211.10 feet; North 74°42'00" East 67.40 feet; South 24°40'51" West 158.22 feet; South 63°44'00" West 399.05 feet; and South 85°39'40" West 48.40 feet to the point of beginning. Lot Area = 137,892 square feet pab:Ieo /QgOFESSJpor �, h V V JF -- No, 12094 --10.12094 \fi, C ol(%