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HomeMy WebLinkAboutPW 815 B Street Mixed-Use Stormwater Management Agreement06/04/21 RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: Stormwater Coordinator / Administrator City of San Rafael Public Works Dept. 111 Morphew Street San Rafael, CA 94901 0-ov !�owe 027?9? COPY of Document Recorded 11:25AM 27 -Jul -2021 2021-00413158 Has not been compared with original MARIN COUNTY RECORDER STORMWATER MANAGEMENT FACILITIES AGREEMENT CITY OF SAN RAFAEL STORMWATER MANAGEMENT FACILITIES OPERATIONS AND MAINTENANCE AGREEMENT PROJECT: 815 B STREET MIXED-USE OWNERS NAME: 1200 SECOND STREET INVESTORS, LLC ASSESSOR'S PARCEL NUMBER: 011-256-12,44,45 and -32 -1- STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT This Stormwater Management Facilities Operation and Maintenance Agreement ("Agreement") is made and entered into this .44 of r&Jv , 20 ,?- , by and between 1200 Second Street Investors, LLC, (hereinafter referred to as "P operty Owner") and the City of San Rafael, ("City"). RECITALS: This Agreement is made and entered into with reference to the following facts: WHEREAS, the stormwater management facilities (hereinafter referred to as "Facilities") have been installed in and must be maintained for the development called 815 B Street Mixed -Use Development, located at 815 B Street, in the city of San Rafael, Marin County, State of California and more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "property" or "real property"); and, WHEREAS, the Property Owner is the owner of real property more particularly described on the attached as Exhibit "A"; and, WHEREAS, the Property Owner remains fully responsible for assuring that the Facilities were designed, constructed and installed in full compliance with all applicable laws, regulations and ordinances, all requirements applicable to the development of the property, and all Best Management Practices; and WHEREAS, the City of San Rafael's Urban Runoff Pollution Prevention Ordinance, Ord. 1672 § I (part), 1994, ("Ordinance") requires proper operation and maintenance of the Facilities constructed on this property; and WHEREAS, the development conditions of approval require that Facilities, as shown on the approved Stormwater Control Plan, be constructed and properly operated and maintained by the Property Owner; and WHEREAS, the City has approved the Stormwater Control Operation and Maintenance Plan prepared by CSW/Stuber-Stroeh Engineering Group, Inc. on the day of June 4, 2021, as this Plan is on file at the City and may be subsequently modified from time to time with City approval; and WHEREAS, the Stormwater Control Operation and Maintenance Plan (together with the Stormwater Control Plan, hereinafter the "Plans") includes an annual inspection form for the Facilities constructed on this property, and -2- WHEREAS, this Agreement memorializes the Property Owner's maintenance, operations, and inspection obligations under the City's Ordinance and the approved Plans. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: SECTION 1 Responsibility for Operation and Maintenance: The Property Owner will maintain printed copies of the approved Plans at the property. The Property Owner must maintain the Facilities in good working condition acceptable to the City for the life of the project, and in compliance with the Ordinance and the approved Plans. If significant changes to the operation and maintenance of the Facilities are proposed, the Property Owner is responsible for submitting a revised Stormwater Control Operation and Maintenance Plan to the City for approval. Upon transfer of the property, the Property Owner shall provide the new owner with the current Plans and shall set forth in any transfer agreement a requirement that the new owner assume responsibilities set forth in the Plans and this Agreement. SECTION 2 Inspection by Property Owner: The Property Owner, at its own expense, shall conduct annual inspections to ensure the Facilities are in good working order. The Property Owner may elect to use a qualified independent inspector to inspect the Facilities. The annual inspection report shall include completion and certification of the form described in the approved Stormwater Control Operation and Maintenance Plan. The Property Owner shall send a report of the annual inspection to the Department of Public Works Stormwater Division at the addresses shown in Section 8 below. If the Property Owner fails to submit the annual inspection report by December 315, the City or its agents may (but without any obligation to do so) perform the inspection and invoice the Property Owner for the cost in accordance with Sections 3 and 4 below. If the inspection reveals that Facilities are not in good working order, Property Owner, at its own expense, shall undertake necessary action to restore Facilities to good working order. ZMOVII RVIRI Right of Entry and Facility Inspection: The Property Owner hereby grants permission to the City, its employees and authorized agents to enter the property, and to inspect the Facilities whenever any of the City or its agents deem it necessary in order to enforce provisions of the City Ordinance. The City, its employees or authorized agents may enter the premises at any reasonable time to inspect the premises and Facilities operation, to inspect and copy records related to storm water compliance, and to collect samples and take measurements. Whenever possible, these entities will provide notice prior to entry. The City may charge a fee to cover the costs of the inspection. SECTION 4 Failure to Perform Required Facility Inspections, Repairs or Maintenance by the Property Owner: If the Property Owner fails to inspect and maintain the Facilities in good working order and in -3- accordance with the approved Plans and the City Ordinances, the City, with prior notice and pursuant the abatement procedures of Gov Code 38773.5 (or similar successor statutes), may enter the property to inspect or to return the Facilities to good working order and thereafter recover its costs in accordance with Gov Code 38773.5 (or similar successor statutes). The City is under no obligation to maintain or repair the Facilities, and this Agreement shall not be construed to impose any such obligation on the City. If the City under this section takes any action to inspect the Facilities or to return the Facilities to good working order, the Property Owner shall reimburse the City for all the costs incurred by the City. The City will provide the Property Owner with an itemized invoice of the costs and the Property Owner will have 30 days to pay the invoice. If the Property Owner fails to pay the invoice within 30 days, the City may secure a lien against the real property of the Property Owner in the amount of such costs. In addition, the City may make the cost of abatement of the nuisance caused by the failure to maintain the Facilities a special assessment against the property that may be collected at the same time and in the same manner as ordinary taxes are collected provided in Gov Code 38773.5. This Section 4 does not prohibit the City from pursuing other legal recourse against the Property Owner. SECTION S Indemnity: The Property Owner shall defend, indemnify and hold harmless the City, its officials, employees and its authorized agents from any and all costs, losses, damages, accidents, casualties, occurrences or claims which might arise or be asserted against the City and which are in any way connected with the construction, operation, presence, existence or maintenance of the Facilities by the Property Owner, or from any personal injury or property damage that may result from the City or other public entities entering the property under Section 3 or 4 herein above. SECTION 6 Successors and Assigns: This Agreement shall be recorded in the Office of the Recorder, Marin County, California, at the expense of the Property Owner. This Agreement and the covenants of the Property Owner set forth in numbered Sections 1 through 5 above shall run with the land, and the burdens thereof shall be binding upon each and every part of the property and upon the Property Owner, its successors and assigns in ownership (or any interest therein), and said covenants shall inure to the benefit of and be enforceable by the City, its successors and assigns in ownership of each and every part of the street and storm drains. SECTION 7 Severability: The provisions of this Agreement shall be severable and if any one of the provisions of this Agreement is adjusted invalid by a court of competent jurisdiction it shall in no way effect any other provisions and all other provisions shall remain in full force and effect. SECTION 8 Notices: All notices and other communications required or permitted to be given under this Agreement, including any notice of change of ownership, address or significant changes to the facility or operations and maintenance plan, shall be in writing and given by personal delivery, or deposited with the United -4- 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 must be given to the Property Owner, its successors and assigns, at the address(es) shown on the records for the Property maintained by the Assessor. Notice to the City must be given by personal delivery or mail to both of the following addresses: TO CITY: Public Works Director Department of Public Works City of San Rafael 111 Morphew Street and, San Rafael, CA 94901 Stormwater Coordinator or Administrator Public Works Department City of San Rafael 111 Morphew Street San Rafael, CA 94901 SECTION 9 Recordation: This Agreement shall be recorded by the Property Owner with the County Recorder within 30 days of the date of execution. Recordation shall be at the expense of the Property Owner. SECTION 10 Effective Date and Modification: This Agreement is effective upon the date that the final signatory executes the Agreement. This Agreement shall not be modified except by written consent of both parties. Such modifications shall also be recorded in accordance with Section 9. SIGNATURE PAGE FOLLOWS ON NEXT PAGE -5- CITY OF SAN RAFAEL ,I Y �Qr JI HUTZ, City Manager ATTEST: 4t�• /�/ ' Y LINDSAY LARA, City Clerk SIGNATURE PAGE PROPERTY OWNERS S'gnature Name � ►artw. LG.c Signature 1-0 jj eML�- Printed Name REVIEWED AND APPROVED AS TO CONTENT BY: By: - BILL GUERIN, Public Works Director REVIEWED AND APPROVED AS TO FORM: ROBERT F. EPSTEIN, City A#orney Attachments: Acknowledgements Exhibit A M 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 1Hf► > -2 � , before me, (litS ReVKA-"I a notary public, personally appeared-TWOaSMQ Qn c - roved to me on the basis of satisfactory evidence to be the personswhose name;* subscribed to the within instrument and acknowledged to me that *heyexecuted the same in4her authorized capacitand that by4heir signatureson the instrument the persoNor the entity upon behalf of which the persons 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 m and and offlClal seal. CATHERINE S. FERRARI Notary Public - California i '`''•. ' Marin County Commission # 2219673 My Comm. Expires Nov 22, 2021 OR 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 cl1. & vz� before me, Brenna Kathleen Nurmi, Notary Public (insert name and title of the officer) personally appeared 6007 -Lf r e llIcki who proved to me on the basis of satisfactory evidence to be the pe s whose name 1 subs ribed to the within instrument and acknowledg to me that sh ih;afi executed the same in I K�e th ' authorised capacity(i, and that by hs�i !t r sig ature{�a'f on the instrument the person , ar the enti#y upon behalf of which the person 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. Signature WNNA KATHLEEN NUP94-1 Notary Pubtic • CaIHomia Aurin County CommNs}on N 2247541 (Seal) y Comm• Expires Jul t8, 2423 LM•w��as EXHIBIT "A" Property Description -Is- EXHIBIT A Legal Description That certain real property located in the City of San Rafael, County of Marin, State of California, and more particularly described as follows: Parcel One: A portion of Block No. 18, as shown upon that map entitled, "Plat of the Townsite of San Rafael", filed and recorded October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records. BEGINNING at the Northwest corner of Second Street and "B" Street, as shown upon map above referred to; running thence Northerly along the Westerly line of "B" Street as shown on said Plat, 60 feet; thence Westerly parallel with Second Street 82 feet; thence Southerly parallel with B Street 60 feet to the Northerly line of Second Street and thence Easterly along the Northerly line of Second Street, 82 feet to the point of beginning. Assessor's Parcel No. 011-256-12 Parcel Two: BEGINNING at a point on the Northerly line of Second Street distant thereon Westerly 129.9 feet from the intersection of the Northerly line of Second Street with the Westerly line of "B" Street, as shown upon that certain map entitled, "Plan of the Townsite of the Town of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records; thence running Westerly along the Northerly line of Second Street 60.1 feet; thence Northerly at right angle to said Northerly line of Second Street 90 feet; thence at right angles Easterly 60.1 feet, more or less, thence at right angles Southerly 90 to feet, more or less, to the point of beginning. EXCEPTING THEREFROM that portion described in the Deed from Arthur H. Meyer, et al, to Joseph D. Maggiolo, recorded February 3, 1951 in Book 671 of Official Records, at Page 404, Marin County Records, being more particularly described as follows: BEGINNING at a point on the Northerly line of Second Street, distant thereon Easterly l 10 feet from the intersection of the Easterly line of "C" Street, as shown upon that certain Map entitled, "Plat of the Townsite of the Town of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records; thence running Easterly along the Northerly line of Second Street 30 feet; thence Northerly at right angles to said Northerly line of Second Street 30 feet; thence Northerly at right angles to said Northerly line of Second Street, 90 feet; thence at right angles Westerly 30 feet; thence at a right angle Southerly 90 feet to the point of beginning. Assessor's Parcel No: 011-256-14 1120302 01/SF 23 598 8-00076/8-9-19/nl/n I Parcel Three: BEGINNING at a point on the Northerly line of Second Street, distant thereon Easterly 110 feet from the intersection of the Easterly line of "C" Street, as shown upon that certain map entitled, "Plat of the Townsite of the Town of San Rafael", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records; thence running Easterly along the Northerly line of Second Street, 30 feet; thence Northerly at right angles to said Northerly line of Second Street, 90 feet; thence at right angles Westerly 30 feet; thence at a right angle Southerly 90 feet to the point of beginning. Assessor's Parcel No: 011-256-15 Parcel Four: The Lands of Garden Court Associates 81-51023, O.R." as shown and so designated on the Parcel Map recorded March 12, 1982 in Book 20 of Parcel Maps, at page 20 Marin County Records. BEING a portion of Block 18 as shown on the Official Map of the Townsite of San Rafael. Assessor's Parcel No: 011-256-32 Parcel Five: A RIGHT OF WAY for access, egress to and from the lot above described as follows, to wit: BEGINNING at a point on the Easterly line of "C" Street, 140 feet, from the Northerly line of "Second" Street; thence Easterly and parallel to "Second" Street, 170 feet, thence Northerly and parallel to "C" Street, 12 feet; thence Westerly and parallel to "Second" Street 170 feet, thence Southerly and parallel to "C" Street, 12 feet to the point of beginning. 1120302.01/SF 235888-00076/8-9-19/nl/nl -2- CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Matthew Pepin Extension: 3158 Contractor Name: 1200 Second Street Investors, LLC Contractor's Contact: Steve Monahan Contact's Email: steye_@monahanpacific.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial Project Manager Click here to ❑ 1 a. Email PINS Introductory Notice to Contractor enter a date. b. Email contract (in Word) and attachments to City Click here to Attorney c/o Laraine.Gittens@cityofsanrafael.org enter a date. ❑ 2 City Attorney a. Review, revise, and comment on draft agreement Click here to and return to Project Manager enter a date. ❑ b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor enter a date. ❑ Department Director Approval of final agreement form to send to Click or tap ❑ 3 contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ Project Manager contractor for their signature enter a date. ❑ N/A 5 When necessary, contractor -signed, agreement agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 7/16/2021 Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney i agreement �►J City Attorney I_(for 7 j2�?,%�� �F 8 Review and approve insurance in PINS, and bonds Public Works Contracts) ; 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and/ forwards copies to Project Manager p� v'