HomeMy WebLinkAboutPW Marin Academy Aquatic Center Stormwater Management Agreement12/3/2019
RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:
Stormwater Coordinator/Administrator
Public Works Department
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
COPY of C ment Recorded
2:33PM 1-JUI-2022 2022-0025320
Has not been compared with
original
IMARIN COUNTY RECORDER
SPACE ABOVE THIS LINE FOR RECORDERS USE
STORMWATER MANAGEMENT FACILITIES AGREEMENT
CITY OF SAN RAFAEL
STORMWATER MANAGEMENT FACILITIES OPERATIONS AND
MAINTENANCE AGREEMENT
PROJECT: Marin Academy Aquatic Center
OWNERS NAMES: Marin Academy
ASSESSOR'S PARCEL NUMBER: 011-195-05 & 011-201-07
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STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT
THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE
AGREEMENT ("Agreement") is made and entered into this 18th day of May, 2022, by and between
Marin Academy,(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 the MA Aquatic Center, located at
1532 Fifth Avenue 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 Sherwood
Design Engineers on the day of March 11, 2022, 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.
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:
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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,
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
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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 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.
SVCTT0N
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
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:
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TO CITY: Public Works Director
Department of Public Works
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
and,
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
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JIM S T , City M er
1
ATTEST:
LINDSAY LARA, City Clerk
PROPERTY OWNERS
.-
Sxgnature
//aye
Printed Name 0,
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1
CALIFORNIA CERTIFICATE of ACKNOWLEDGEMENT
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 MAY 2 5 2Q22
Q e,
before me Terrie Gillett, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/ere
its scribed to the within instrument and acknowledged to me that h /she/#" executed the same in
s/ authorized capacity(les), and that by islborlth& signature(s) on the instrument the
person(.&), or 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 & official seal.
TERRIE GILLETT
QYj
COMM. #2308279 z
Notary Public . CaliforniaozMarin County M Comm. E fres Nov. 5, 2023
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Terrie Gillett, Notary Public (Seal)
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DESCRIPTION OF ATTACHED DOCUMENT
�l,C lnrl �r.,�'.�--� 1'' l �� 1(x~1"' •l -d f.�.�A �7 P ] C�
TYPE OF INDENTIFICATION
[ �] Satisfactory Evidence — photo ID card
[ ] One credible witness acknowledging identity of principal
[ ] Two credible witnesses acknowledging identity of principal
CALIFORNIA CERTIFICATE of ACKNOWLEDGEMENT
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 JUN 15 2022 befyTe me Terri Gillett, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to/be the person(s) whose name(&) is/are
subscribed to the within instrument and acknowledged to me that sh they executed the same in
4"r/ r authorized capacity(ie&), and that byhet- the signatures} on the instrument the
person(s), or entity upon behalf of which the person(s)ac ed, 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 & official seal.
Terrie Gillett, Notary Public
7E�RIE GO
y COMM. #2 z
Z Notary Fubllc ornfa �Barin coMComm. Ex Tre5, 2
(Seal)
—............................................................ Optional Information ....................
PTION
I� ATT��I DOCUMENT
OE
TYPE OF INDENTIFICATION
[ Satisfactory Evidence — photo ID card
[ ] One credible witness acknowledging identity of principal
[ ] Two credible witnesses acknowledging identity of principal
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 O'�We A-02, Aaao" before me, Brenna Kathleen Nurmi, Notary Public
(insert name and title of the officer)
personally appeared 67-1/ 7
who proved to me on the basis of satisfactory evidence to be the p rson whose name is e
bscribed to the within instrument and acknowle ed to me that's ltf executed he same in
hi l�rlth authorized capacity(i s), and that b hi Il rlth signatureX on the instrument the
persr 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
_r .4 BRENNA KATHLEEN NURMI
Notary Public . California
Marin County a
Commission # 2297544
My Comm. Expires Jul 18, 2023
(Seal)
REVIEWED AND APPROVED AS TO CONTENT BY:
By:
BILL GUERIN, Public Works Director
REVIEWED AND APPROVED AS TO FORM:
ROB T F. EPSTEI , City Attorney
Attachments: Acknowledgements
Exhibit A
KIM
EXHIBIT "A"
Property Description
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EXHIBIT A
LEGAL DESCRIPTION
APN #: 011-201-07
The land referred to in this report is situated in the City of County of Marin, State of California, and is described
as follows:
PARCEL ONE:
Beginning at a point on the Northerly line of Fifth Avenue, distant thereon 250 feet Easterly from its intersection
with the Easterly line of Cottage Avenue, running thence Easterly along said Northerly line 50 feet; thence
leaving said line and running Northerly in a direct line 187.94 feet, more or less, to a point on the Southerly line
of Sixth Street, which point is distant 305.66 feet Easterly from its intersection with the Easterly line of Cottage
Avenue, running thence Westerly along the Southerly line of Sixth Street, 50 feet, thence leaving said line and
running thence Southerly in a direct line 187 feet, more or less, to the point of beginning.
Thereafter Certificate of Correction of Record of Survey recorded September 4, 2019 as Series Number 2019-
0032095, correcting that certain map recorded August 9, 2019 as Book 2019 of 5urv2ys at Page 4fi, Marin County
Records.
APN: 011-201-07
PARCEL TWO:
An Easement for ingress and egress over a strip of land of a uniform width of 5 feet 3 inches lying Westerly of
and contiguous to the following described line:
Beginning at the Northwest corner of Parcel One above, running thence Southerly along the Westerly line
of said Parcel One 80 feet.
APN M 011-201-07
The land referred to in this report is situated in the City of San Rafael County of Marin, State of California, and is
described as follows:
PARCEL ONE:
Beginning at a point in the Northerly line of Fifth Avenue distant thereon 200.00 feet Easterly from its
Intersection with the Easterly line of Cottage Avenue; running thence Easterly along the Northerly line of Fifth
Avenue 48.75 feet; thence leaving said line and running Northerly in a direct line 187.29 feet, more or less, to a
point on the Southerly line of Sixth Street which is distant 254.43 feet Easterly from its intersection with the
Easterly line of Cottage Avenue; running thence Westerly along the Southerly line of Sixth Street 48.75 feet;
running thence Southerly in a direct line 186.85 feet, more or less, to the point of beginning.
PARCEL TWO:
Beginning at a point in the Northerly line of Fifth Avenue, distant thereon 248.75 feet Easterly from its
Intersection with the Easterly line of Cottage Avenue; running thence Easterly along the Northerly line of Fifth
Avenue 1.25 feet; thence leaving said line and running Northerly in a direct line 187 feet, more or less, to a point
on the Southerly line of Sixth Street which is distant 255.66 feet Easterly from its Intersection with the Easterly
line of Cottage Avenue; running thence Westerly along the Southerly line of Sixth Street 1.25 feet, running thence
Southerly in a direct line 187.29 feet, more or less, to the point of beginning.
APN: 011-195-05
PARCEL THREE:
An Easement as described in Agreements recorded August 21, 1956 in Book 1052 of Official Records at
Page 528 and September 4, 1957 in Book 1138 of Official Records al Page 525, Marin County Records.
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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: Megan Kelly Extension: 3454
Contractor Name: Marin Aquatic
Contractor's Contact: Krista Hummel Contact's Email: krista.hummel@vegasbuilds.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED REVIEWER
DEPARTMENT
DATE Check/Initial
N/A
1
Project Manager
a. Email PINS Introductory Notice to Contractor
5/10/2022
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
❑
2
City Attorney
a. Review, revise, and comment on draft agreement
5/18/2022
Z, LG
and return to Project Manager
5/18/2022
rxi LG
b. Confirm insurance requirements, create Job on
(N/A)
PINS, send PINS insurance notice to contractor
N/A
❑
3
Department Director
Approval of final agreement form to send to
contractor
4
Project Manager
Forward three (3) originals of final agreement to
N/A
❑
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑
agendized for City Council approval *
N/A
*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
6/16/2022
MK
City Attorney
Attorney with printed copy of this routing form
Review and approve hard copy of signed
,
7
agreement
8
City Attorney Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
City Manager/ Mayor Agreement executed by City Council authorized
9
f�
official
City ClerkAti test signatures, retains original agreement and
10
forwards copies to Project Manager