HomeMy WebLinkAboutPW 1833 4th Street Shell Gas Station Stormwater Management Agreement0i
12/3/2019
RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:
Stormwater Coordinator/Administrator
Public Works Department
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
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2020-0059032
Recorded
REC FEE 0-00
Official Records
County of
CONFORMED COPT 0.00
Marls
SHELLY SCOTT
Assessor -Recorder
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County Clerk
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30:24AMB-Nov-2020
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SPACE ABOVE THIS LINE FOR RECORDERS USE
STORMWATER MANAGEMENT FACILITIES AGREEMENT
CITY OF SAN RAFAEL
STORMWATER MANAGEMENT FACILITIES OPERATIONS AND
MAINTENANCE AGREEMENT
PROJECT: 1833 4th Street Shell Gas Station
OWNERS NAMES: Au Energy, LLC
ASSESSOR'S PARCEL NUMBER: 011-231-24 & 011 -231 -AU 25
PUBLIC WORKS
DEC 18 2020
CITY OF SAN RAFAEL
STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT
THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE
AGREEMENT ("Agreement") is made and entered into this 17th day of December, 2019, by and
between AU Energy, LLC,(hereinafter referred to as "Property Owner") and the City of San Rafael
("CITY").
RECITALS:
This Agreement is made and entered into with reference to the following facts:
WHEREAS, stormwater management facilities (hereinafter referred to as "Facilities") have been
installed in and must be maintained for the development called 1833 4th Street Shell Gas Station,
located at 1833 4th Street San Rafael, CA 94901, Marin County, State of California and more
particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the
"Property"); and
WHEREAS, the Property Owner is the owner of the Property; 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, in accordance with the Erosion and Sediment Control Plan; and
WHEREAS, the CITY Urban Runoff Pollution Prevention Ordinance, City of San Rafael
Municipal Code chapter 9.30 ("CITY Ordinance") requires proper operation and maintenance of the
Facilities constructed on this Property; and
WHEREAS, the CITY has approved the Stormwater Control Plan prepared by RFE
Engineering, Inc on the day of November 6, 2019, as this Plan is on file at 111 Morphew Street, San
Rafael 94901 and may be subsequently modified from time to time with CITY approval; 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 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
WHEREAS, this Agreement memorializes the Property Owner's maintenance, operations, and
inspection obligations under the CITY Ordinance and the approved Plans.
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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 CITY 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 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. The annual inspection report shall include completion and certification of the form
described in the approved Stormwater Control Operation and Maintenance Plan. If the Property Owner
fails to submit the annual inspection report by December 31st, 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.
SECTION 3
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 Property at any reasonable time to inspect the
premises and Facilities operation, to inspect and copy records related to stormwater 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
accordance with the approved Plans and the CITY Ordinance, the CITY, with prior notice and pursuant
to the abatement procedures of San Rafael Municipal Code Chapters 1.40, 1.42, 1.44, and/or 1.46, may
enter the Property to inspect or to return the Facilities to good working order and thereafter recover its
costs in accordance with the abatement procedures of San Rafael Municipal Code Chapters 1.40, 1.42,
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1.44, and/or 1.46. 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 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 as provided in the abatement procedures of San Rafael Municipal Code
Chapters 1.40, 1.42, 1.44, and/or 1.46. This Section 4 does not prohibit the CITY from pursuing other
legal recourse against the Property Owner.
SECTION 5
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 adjudicated 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 Facilities or Stormwater
Control Operations and Maintenance Plan, 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 must be given to the Property Owner, its successors and
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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:
and,
Public Works Director
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Stormwater Coordinator or Administrator
Department of Public Works
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.
CITY OF SAN RAFAEL
JIM SC", , City Mana er
ATTEST:
LINDSAY LARA, City Clerk
PROPERTY OWNERS
Signatu
e
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Printed Name t
Signature
Printed Name
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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 01/23/2020
before me, Lindsay Faye Lara, Notary Public
(insert name and title of the officer)
personally appeared James Schutz
who proved to me on the basis of satisfactory evidence to be the person(,6) whose name()are
subscribed to the within instrument and acknowled9eed to me thakftb/she/they executed the same in
ii ?her/their authorized capacitoes°), and that b f'i 1heritheir signature} on the instrument the
person�A, or the entity 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
LINDSAY FAYE LARA
COMM. *2182818
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(Seal) CanEn.
REVIEWED AND APPROVED AS TO CONTENT BY:
By: L---�q
BILL GUERIN, Public Works Director
REVIEWED AND APPROVED AS TO FORM:
ROBERT F. EPSTEIN, City Aftorney
Attachments: Acknowledgements
Exhibit A
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"EXHIBIT "A"
LOT MERGER
Real property in the City of SAN RAFAEL, County of MARIN, State of California, described as
follows:
COMMENCING ATA POINT ON THE SOUTHERLY LINE OF FOURTH STREET DISTANT THEREON
543.69 FEET WESTERLY FROM ITS INTERSECTION WITH THE WESTERLY LINE OF IDA STREET;
THENCE SOUTH 6'45'20" WEST 124.17 FEETTOTHE NORTHEASTERLY LINE OF SECOND STREET;
THENCE NORTH 66' 52'40" WEST 226.69 FEETTOTHE EASTERLYUNE OFTHE LAND DESCRIBED
IN THE DEED TOTHE CITY OF SAN RAFAEL,A MUNICIPAL CORPORATION RECORDED IN BOOK 582,
PAGE 360,OF OFFICIAL RECORDS; THENCE NORTH 9° 33'00" EAST ALONGTHE EASTERLY UNE,
18.85 FEETTO SAID SOUTHERLY LINE OF FOURTH STREET; THENCE NORTH 85' 55'00" EAST
220.52 FEETTOTHE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
COMMENCING ATA POINT ON THE SOUTHERLY UNE OF FOURTH STREET DISTANT THEREON
543.69 FEET WESTERLY FROM ITS INTERSECTION WITH THE WESTERLY LINE OF IDA STREET;
THENCE SOUTH 6' 45'20" WEST 124.17 FEETTOTHE NORTHEASTERLY UNE OF SECOND STREET
AND THE TRUE POINT OF BEGINNING;THENCE NORTH 66' 52'40" WEST 226.69 FEETTO THE
EASTERLY LINE OF THE LAND DESCRIBED IN THE DEEDTO THE CITY OF SAN RAFAEL, A MUNICIPAL
CORPORATION RECORDED IN BOOK 582, PAGE 360 OF OFFICIAL RECORDS, THENCE NORTH 9. 33'
00" EAST ALONG SAID EASTERLY UNE, 18.85 FEETTO SAID SOUTHERLY LINE OF FOURTH STREET;
THENCE NORTH 85' 55'00" EAST ALONG SAID SOUTHERLY UNE 25.59 FEETTO THE BEGINNING OF
A CURVETANGENT TO SAID SOUTHERLY LINE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
13.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 151° 1500" AN ARC DISTANCE OF 34.32 FEET; THENCE
TANGENT TO SAID CURVE; THENCE SOUTH 65' 20'00" EAST 202.83 FEETTOTHETRUE POINT OF
BEGINNING.
EXCEPTING THEREFROM ALL RIGHT, TITLE AND INTEREST, IF ANY, IN AND TO ANY OIL,
GAS, AND OTHER MINERALS (INCLUDING, WITHOUT LIMITATION, HELIUM, LIGNITE,
SULFUR, PHOSPHATE AND OTHER SOLID, LIQUID AND GASEOUS SUBSTANCES),
REGARDLESS OF THE NATURE THEREOF AND WHETHER SIMILAR OR DISSIMILAR BUT ONLY
TO THE EXTENT ANY OF THE FOREGOING IS IN ITS NATURAL STATE AND NATURAL
LOCATION AS RESERVED AND FULLY DESCRIBED IN DEED RECORDED MARCH 09, 1999 AS
INSTRUMENT NO, 1999-0018654 OF OFFICIAL RECORDS,
THIS DESCRIPTION IS A TRANSCRIPTION OF THE ORIGINAL LEGAL DESCRIPTION OF THE
PROPERTY.
William F. McKinney -
,JL/( -y
2.G ZO/
Date
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 _ Ak7/_4-�1E'de7 _ ) p
On ,-211 -11.2o l9 before me, � �i-�■►r] �rh'.1�� PE1�17cl r, 1llLj:c
Date Here Insert Name and Title of the Offi er
personally appearedI��Sh �o✓��
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.
WITNESS my hand and official seal.
ASHWIN ASHIKA PRASAD Si natureIG
Notary Public - California 9 -
a" :s Alameda County Z Signature of Notary Public
Z Commission * 2179233
M comm. Expires ,ion 12.2021
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_Ajy6_1--1P_X74c r Document Date:/ -7 /9
Number of Pages: A0 Signer(s) Other Than Vanned Above:
Capacity(ies) Claimed by Signer s)
Signer's Name: Ve-7-,A>
IICorporate Officer -- Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: tl
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907