HomeMy WebLinkAboutPW IDA Townhomes (West End-IDA Street - 8 Townhomes)____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: May 17, 2021
Disposition: Resolution 14917
Agenda Item No: 5.g
Meeting Date: May 17, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: __________
File No.: 15.08.286
TOPIC: IDA TOWNHOMES (WEST END/IDA STREET - 8 TOWNHOMES)
SUBJECT: RESOLUTION APPROVING STORMWATER FACILITIES MAINTENANCE
AGREEMENTS AND FINAL SUBDIVISION MAP FOR THE IDA TOWNHOMES
SUBDIVISION
RECOMMENDED ACTION: Adopt a resolution approving the Stormwater Facilities
Maintenance Agreements and final subdivision map for Ida Townhomes.
BACKGROUND: The Planning Commission approved this project by Resolution No. 18-11 on
October 9, 2018 which granted the following approvals:
•Environmental and Design Review Permit (ED18-021);
•Tentative subdivision map for a nine-lot subdivision with eight airspace
condominiums and one common open space parcel (TS18-001);
•Variances for front yard, side yard, rear yard and driveway setbacks and
minimum front landscaping (V-18-006);
•Subdivision Exception to the recreational facility requirement (EX18-003); and
The property owner/developer, 21 G Street, LLC, has completed the frontage improvements,
storm drainage, stormwater treatment, utilities and all paving for the project and has now
applied for approval of the final subdivision map.
ANALYSIS: The Department of Public Works and BKF, the City’s consultant surveyor, have
reviewed the final subdivision map (Attachment 4) and the installed frontage improvements and
have determined that the final subdivision map and completed improvements are in substantial
conformance with the tentative map approval in Resolution No.18-11 and the requirements of
the Subdivision Map Act.
Resolution No. 18-11 also required the developer to enter into a Stormwater Facilities
Maintenance Agreement and to prepare and record a Declaration of Covenants, Conditions and
Restrictions (CC&R’s). The CC&R’s have been reviewed and approved by staff of the
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Community Development Department and the City Attorney’s office. Staff has also reviewed
and recommends that the City Council approve the Stormwater Facilities Maintenance
Agreements (Attachments 2 and 3 - agreements apply to separate parts of the subdivision).
Staff has prepared a resolution approving and authorizing the City Manager to execute two
separate Stormwater Facilities Maintenance Agreements and approving the final subdivision
map and authorizing its recordation by the City Clerk, conditioned upon receipt of the
Stormwater Facilities Maintenance Agreements signed by the developer.
FISCAL IMPACT: No fiscal impact is associated with this report. Staff costs for processing the
application is covered by application fees paid by the developer.
OPTIONS: The City Council has the following options to consider in this matter:
1. Adopt the resolution.
2. Adopt the resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION: Adopt the resolution approving the Stormwater Facilities
Maintenance Agreements and final subdivision map for the Ida Townhomes Subdivision.
ATTACHMENTS:
1. Resolution Approving Stormwater Facilities Maintenance Agreements and Final
Subdivision Map for the Ida Townhomes Subdivision
2. Draft Stormwater Facilities Maintenance Agreement-21 G Street (Lots 7 and 8)
3. Draft Stormwater Facilities Maintenance Agreement -Ida Townhomes (Lots 1-6)
4. Subdivision Map
RESOLUTION NO. 14917
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
STORMWATER FACILITIES MAINTENANCE AGREEMENTS AND FINAL
SUBDIVISION MAP FOR THE IDA TOWNHOMES SUBDIVISION
WHEREAS, on October 9, 2018 the San Rafael Planning Commission adopted
Resolution No. 18-11 granting the following approvals for development of eight
residential townhome condominiums at 21 G Street:
A. Environmental and Design Review Permit (ED18-021);
B. Tentative subdivision map for a nine-lot subdivision with eight airspace
condominiums and one common open space parcel (TS18-001);
C. Variances for front yard, side yard, rear yard and driveway setbacks and
minimum front landscaping (V-18-006);
D. Subdivision Exception to the recreational facility requirement (EX18-003); and
WHEREAS, the property owner, 21 G Street, LLC, has applied for approval of
the final subdivision map for the subdivision, entitled “Ida Townhomes” and supporting
documents; and
WHEREAS, staff has found that the frontage improvements, storm drainage,
stormwater treatment, utilities and all paving for the subdivision are complete and the
City Engineer and the City’s consultant surveyor have determined that the subdivision
map and completed improvements are in substantial conformance with the approved
tentative map and comply with the requirements of the California Subdivision Map Act;
and
WHEREAS, a condition of approval of the tentative map requires the applicant to
enter into a Stormwater Facilities Maintenance Agreement for the property; and
WHEREAS, the City Engineer and City Attorney have examined the two
Stormwater Facilities Maintenance Agreements, for 21 G Street and Ida Townhomes,
respectively, and are recommending their approval by the City Council;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Rafael that the Stormwater Facilities Maintenance Agreements included in the staff
report to the City Council is hereby approved, subject to final approval by the City
Attorney as to form, and the City Manager is authorized to execute those Agreements.
BE IT FURTHER RESOLVED by the City Council that the final subdivision map
for the Ida Townhomes Subdivision is hereby approved and the City Clerk is authorized
to record the map in the Official Records of the County of Marin, conditioned upon
receipt of the fully signed Stormwater Facilities Maintenance Agreements and all other
required documents and fees.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on 17th day of May 2021, by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati, & Mayor Kat
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
12/3/2019
RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:
Stormwatcr Coordinator/Administrator
Public Works Department
City of San Rafael
I 1 I Morphew Street
San Rafael, CA 94901
COPY of Document Recorded
1:27PM 8 -Jul -2021 2021-0044790
Has not been compared with
original
MARIN 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: 21 G Street
OWNERS NAMES: 21 G Street LLC
ASSESSOR'S PARCEL NUMBER: 11-232-10
STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT
THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE
AGREEMENT ("Agreement") is made and entered into this 1st, day of February, 2021 by and
between 21 G Street, LLC, a California Limited Liability Company, (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
or will be installed in and must be maintained for the development called 21 G Street, a two unit
residential development located at 21 & 23 G St, San Rafael„ 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 intends to sell the two
residential units and provide for maintenance of the Property by the buyers; 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 CSW Stuber
Stroeh on the day of March 2nd, 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.
-2-
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 any 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 x
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 3lst, 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.
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
-3-
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
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 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 Morpltew Street
San Rafael, CA 94901
and,
Stormwater Coordinator or Administrator
Department of Public Works
City of San Rafael
I 1 I 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 Aureement 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 SALT RAFAEL
JIM S I�UZ, City Mana�r
ATTEST:
'ph • / ►�e.t�fiLtc�a
LINDSAY LARA, City Clerk
- 5 -
PROPERTY OWNERS gf -.' 5�j L
Signal ttr
Printed Name
'%: PWV-6"1 SAL6e ,`a,r,,
Signature
Printed Name
REVIEWED AND APPROVED AS TO CONTENT BY:
By: g4& tt-�hr.�L
BILL GUM N, Public Works Director
REVIEWED AND APPROVED AS TO FORM:
k'
-ROBERT F. EPSTEIN, City Attorney
Attachments: Acknowledgements
Exhibit A
-6-
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 17tk D before me,
Brenna Kathleen Nurmi, Notary Public
(insert name and title of the officer)
personally appeared 7— - I kla-LO
who proved to me on the basis of satisfactory evidence to be the person whose name Is Sd
ionlorthe crd tothe within instrument and acknowleed to me tha&s Ith#i executed he same in
rlr authorized capacity(iP4,and that h hi �Ith signat�lreV on the instrument the
erentity 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.
all
1RENNA KATHLEEN HUM
i Notary Public . California
'< = Marin County
Commission x 2297544
Signature �• �'��� (Seal) "' My Comm. Expires Jul 18, 2023 r
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 7-1 --1 , beforeme, 1 i� �w� the 17r z a notary public,
personally appeared .- who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that she executed the same in her authorized capacity, and that
by her signature on the instrument the person, 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.
WITNE8S my hand and official seal.
*My
ilel47}fY PATRiCt{ SOLOarbNNotary Pll'-California
1�AarinCou�ryCommissl110 2348154
Comm, Expires Alar 19, ZQ25
-7-
EXHIBIT "A"
Property Description
All that certain real property located in the City of San Rafael, County of Marin, State of California, and
more particularly described as:
Lots 7 and 8 as shown upon that certain Map entitled, Ida Townhomes, a Planned Development, Lands
of 21 G St. LLC, San Rafael, Marin County, California, filed for record June 18, 2021 in Book 2021 of
Maps. as NEU 99, Marin County Records.
APN: 011-232-10
-8-
12/3/2019
RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:
Storinwater Coordinator/Administrator
Public Works Department
City of San Rafael
I 1 I Morphew Street
San Rafael, CA 94901
FU
COPY of Document Recorded
1:27PM 8- lul-2021 2021-0044791
Has not been compared with
original
MARIN 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: Ida Townhomes
OWNERS NAMES: 21 G Street LLC
ASSESSOR'S PARCEL NUMBER: 11-232-10
STORMWATER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT
THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE
AGREEMENT ("Agreement") is made and entered into this 1st. day of February, 2021, by and
between 21 G Street, LLC, a California Limited Liability Company, (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
or will be installed in and must be maintained for the development called Ida Townhomes, a six unit
residential development located at 24-32 Ida Street, San Rafael„ 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 intends to sell the six
residential units and form the Ida Townhomes Owners Association ("Association") to manage the
common area at the development and maintain the Stormwater Facilities constructed at 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 CSW Stuber
Stroeh on the day of March 2nd, 2019, as this Plan is on file at l 11 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
-2-
WHEREAS, this Agreement memorializes the Property Owner's and the Association'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:
SECTION 1
Responsibility for Operation and Maintenance: The Property Owner, and after sale of the lots, the
Association, will maintain printed copies of the approved Plans at the Property (hereinafter "Property
Owner includes the Association"). 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 PIans. 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 Association and any 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 Qeccmbcr 3 l st, 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
-3-
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 l .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
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 I 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
-4-
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 givcn 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 Set -vice. 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
1 l 1 Morphew Street
San Rafael, CA 94901
and,
Stornnvater 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 S IU Z. City Manay
ATTEST:
-5-
PROPERTY OWNERS _ a � � �� LLL
ignaturc
Printed Name
At o�� S ,be4�,x n � W.OldlAp e
Signature
f� LINDSAY LARA, City Clerk
Printed Name
REVIEWED AND APPROVED AS TO CONTENT BY:
By: U�Gca�
BILL GUE1fJN, Public Works Director
REVIEWED AND APPROVED AS TO FORM:
lk ROBERT F. EPSTEIN, CityAttorney
Attachments: Acknowledgements
Exhibit A
-6-
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 before me,
Brenna Kathleen Nurmi, Notary Public
(insert name and title of the officer)
personally appeared U -1Y4 J( Xu - 2—
who proved to me on the basis of satisfactory evidence to be the p rson whose name�a�
ie�
ument andacknowle d to methate s Itho executed the same In
city(), and that b hi h lth r signa ureVon the instrument the
he 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
VINNA KATHLEEN NURMI
a , r Notary Public - California
Marin County >
Commisyon # 2297544
(Seal) My Comm. Expires Jul 18, 2023 r
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 % 1 - � , before me, I j -IAA 1 "M2i ► )/V Hkk , a notary public,
personally appeared jgyt/,�n.d 5)4 e 4,"c, 1�) , who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that she executed the same in her authorized capacity, and that
by her signature on the instrument the person, 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.
my hand and official seal.
'� ry n 0 r HY PATRICK SOLOMON
Notary public - Cn€ilomla
h a County
COmmISSJOn IV 2348154
+4y Comm. Expires iwar 19, izl
-7-
EXHIBIT "A"
Property Description
All that certain real property located in the City of San Rafael, County of Marin, State of California, and
more particularly described as:
Lots 1 through 6, and Parcel A as shown upon that certain Map entitled, Ida Townhomes, a Planned
Development, Lands of 21 G St. LLC, San Rafael, Marin County, California, filed for record June 18,
2021 in Book 2021 of Maps. as Page 99, Marin County Records.
APN: 011-232-10
-8-
