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HomeMy WebLinkAboutPW West End Village Stormwater Management AgreementCOPY of Docurnent Recorded 2:46PM 28 -Jul -2022 2022-0027973 Has not been corripared witl'i original MARIN COUNTY RECORDER RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: Stormwater Coordinator/Administrator Public Works Department City of San Rafael 111 Morphew Street San Rafael, CA 94901 ez..b d t%y�o [,�' SPACE ABOVE THIS LINE FOR RECORDERS USE STORMWATER MANAGEMENT FACILITIES AGREEMENT CITY OF SAN RAFAEL STORMWATER MANAGEMENT FACILITIES OPERATIONS AND MAINTENANCE AGREEMENT PROJECT: West End Villae OWNER'S NAME: Joseph O' Flynn and Vincent O' Flynn ASSESSOR'S PARCEL NUMBER: 011-193-10 - 1 - STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _day of 20c&,.by and between Joseph O' Flynn and Vincent O' Flynn (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, stormwater management facilities (hereinafter referred to as "Facilities") have been installed in and must be maintained for the development called West End Village, located at 1628 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 LTD Engineering, Inc. on the day of September 3, 2021, 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 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, -3- 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 -4- 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 11 I 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. [Signatures are on the following page.] -5- IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL APPROVED AS TO CONTENT: Z AMILLER, Director of Public Works APPR ED AS TO FORM: ROBER F. EPSTEIN, City A mey O k Attachments: Acknowledgements Exhibit A Vincent ynn Flynn If Property Owner is an entity, Property Owner hereby represents and warrants that the persons executing this Agreement on behalf of Property Owner have full authority to do so and to bind Property Owner to each and every term of this Agreement. -6- CALIFORNIA ALL-PURPOSE 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 July 21, 2022 _ )SS before me, L. Serchia , Notary Public, personally appeared Vincent O,Flynn and Joseph O,Flynn 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. Signature L. SERCHIA COMM. #2296126 z Notary Public • California z Marin County M Comm. Ex ires Ju 30, 2023 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT Reproduced by First American Title Company 11/2007 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 V a4S 1:-2 before me, personally appeared U /A-, CI (i W Z— Brenna Kathleen Nurmi, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be thegson whose name r esc ibe to the within instrument and acknowied ed to me tha Ithexecuted he same in hi Jtl, it authorized capacity(), and that by&Vrlt Ir slgnature�K on the instrument the person), or the entity upon behalf of which the personacted, 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 a. BRENNA KATHLEEN NURMI Notary Public - California f•,� = Marin County sr f Commission # 2297544 (Seal) My Comm. Expires Jul 18, 2023 EXHIBIT "A" Property Description Nine unit condominium building located at 1628 Fifth Avenue, San Rafael, CA 94901 Real property in the City of San Rafael, County of Marin, State of California, described as follows: BEING ALL OF PARCEL TWO AND A PORTION OF PARCEL ONE AS SAID PARCELS ARE DESCRIBED IN THAT CERTAIN GRANT DEED FROM BRIAN TAYLOR PEARCE, AN UNMARRIED MAN AND BRIAN TAYLOR PEARCE, SUCCESSOR TRUSTEE OF THE ROBERT PEARCE LIVING TRUST TO VINCENT OTLYNN, AN UNMARRIED MAN AND JOSEPH OTLYNN, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY, ASJOINT TENANTS RECORDED AUGUST 8, 2017 AS DOCUMENT 2017-0031709 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF MARIN, STATE OF CALIFORNIA, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE NORTHERLY LINE OF FIFTH AVENUE, SAID POINT BEING SOUTH83°13'45" EAST 74.13 FEET FROM THE INTERSECTION OF SAID NORTHERLY LINE OF FIFTH AVENUE AND THE EASTERLY LINE OF "G" STREET, SAID POINT ALSO BEING NORTH 83013'45" WEST 2.25 FEETFROM THE SOUTHEASTERLY CORNER OF SAID PARCEL ONE; THENCE FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHERLY LINE, NORTH 06°58'29" EAST 108.44 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL ONE, SAID POINT BEING SOUTH 83°15'00" EAST 55.49 FEET FROM THE NORTHWESTERLY CORNER OF SAID PARCEL ONE; THENCE EASTERLY ALONG LAST SAID NORTHERLY LINE SOUTH 83015'00" EAST 11.50 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL ONE, SAID POINT ALSO BEING ON THE WESTERLY LINE OF SAID PARCEL TWO; THENCE NORTHERLY ALONG LAST SAID WESTERLY LINE NORTH 11050'57" EAST 19.84 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL TWO; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL TWO SOUTH 83015'00" EAST 76.50 FEET TO THE NORTHEASTERLY CORNER OF SAIDPARCEL TWO; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL TWO SOUTH 11 054'11 " WEST 128.75 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL TWO, SAID POINTBEING ON THE SAID NORTHERLY LINE OF SAID FIFTH AVENUE; THENCE WESTERLY ALONG SAID NORTHERLY LINE, NORTH 83013'45" WEST 78.63 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. LLA18-002, RECORDED DECEMBER 20, 2019, AS INSTRUMENTNO. 2019-0048474 OF OFFICIAL RECORDS. APN: 011-193-10 -8- �� RA!!q ��� ! 2 r' 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: West End Village Contractor's Contact: Joseph and Vincent O'Flynn Contact's Email: vincentoflynn@gmail.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor n/a ❑X 6/28/2022 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X 2 City Attorney a. Review, revise, and comment on draft agreement 7/20/2022 and return to Project Manager n/a ❑D b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to 7/21/2022 Z 3 Department Director MP/ MK contractor 4 Project Manager Forward three (3) originals of final agreement to 7/21/2022 X❑ L contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑X N/A 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 7/21/2022 MK Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed l 7 1 VSl7 V agreement 8 City Attorney Review and approve insurance in PINS, and bonds NA (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized -7441L official 10 1 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager