HomeMy WebLinkAboutPW Oakmont of San Rafael 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 Document Recorded
940AM 21 -Dec -2021 2021-0074194
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: Oakmont of San Rafael
OWNERS NAMES: OAKMONT OF SAN RAFAEL LLC
ASSESSOR'S PARCEL NUMBER:
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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 30th day of November, 2021, by and between
OAKMONT OF SAN RAFAEL 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 OSL San Rafael, located at 3773
Redwood HWY, San Rafael, Ca 94903, 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 Brelje & Race
Consulting Civil Engineers on the day of May 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 'I
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.
SF,C'TION 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
IKAe
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
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
JIM SC TZ, ity Mana r
ATTEST:
Ar LINDSAY LARA, City Clerk
PROPERTY OWNERS
all --
Signature
Oakmont of San Rafael LLC
Keith Fitzsimons. Manager
Printed Name
Signature
Printed Name
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REVIEWED AND APPROVED AS TO CONTENT BY:
By:
BILL GUERIN, Public Works Director
REVIEWED AND APPROVED AS TO FORM:
- L�� 10 AML�
ROBERT F. EPSTEIN, City A tomey
Attachments: Acknowledgements
Exhibit A -Property Legal Description
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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 Calif rnia
County of. . M)
On IV 1 W 0j ?0�7 before me, W U4— #O lin , IV fU1 C-
(insd#t n&ne and title of the officer)
personally appearedt"Z�j�/I�J
who proved to me on the basis of satisfactory evidence to be the person( whose nameo) islafe
subscribed to the within instrument and acknowledged to me that he/she they executed the same in
his/fes/the -authorized capacity(tes), and that by his/4er/puir signatureVon the instrument the
person(, or the entity upon behalf of which the person(cted, 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.
NANCY SJOSTAd
WITNESS my hand and official seal. x WF t , = Notary Puba�CaliorniaSonom�
unty
Commission # 2333479
'� •���' My Comm, Expires Sep 22, 2024
Signature (Seal)
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
validit of that document.
State of California
County of Marin
On a-0 4 d0c7l before me, Brenna Kathleen Nurmi, Notary Public
(insert name and title of the officer)
personally appeared J U CihG� G
who proved to me on the basis of satisfactory evidence to be the
scribed to the within instrument and acknowledged to me that
hi hrlthr authorized capacity(ie and that by t9' /hp(/thgf sig
`personK, or the entity upon behalf of which the person acted,
whose
K executed fhe same in
on the instrument the
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
0,0. .
9RENNA KATHLEEN NURMI
Notary Public - California
Marin County
` Commission X 2297544
(Seal) My Comm. Expires Jul 18, 2023
EXHIBIT "A"
Property Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOTS 4, 5, 6, 7, 8, 9 AND 10 ALL IN BLOCK 27, AS SHOWN UPON THAT CERTAIN MAP ENTITLED "MAP OF
SUBDIVISION A ON GOLF LINKS TRACT, NEAR SAN RAFAEL, MARIN COUNTY, CALIFORNIA", FILED ON
JANUARY 14, 1908 IN VOLUME 2 OF MAPS AT PAGE 107, MARIN COUNTY RECORDS.
APN: 179-064-01
DATE: NOVEMBER 18, 2021
PREPARED BY: BRELJE & RACE, CONSULTING ENGINEERS JOB NO.: 4362.00
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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: Matthew Pepin Extension: 3158
Contractor Name: Oakmont of San Rafael, LLC
Contractor's Contact: Fred Alexander Contact's Email: falexander@oslconstruction.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
Click here to
❑
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
Department Director
PINS, send PINS insurance notice to contractor
enter a date.
❑
3
Approval of final agreement form to send to
Click or tap
❑
contractor
to enter a
date.
4
Project Manager
Forward three (3) originals of final agreement to
Click here to
❑
contractor for their signature
enter a date.
5
Project Manager
When necessary, contractor -signed agreement
❑ 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
12/6/2021
City Attorney
Attorney with printed copy of this routing form
7
Review and approve hard copy of signed
12/%�1��
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agreement
/
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager/ Mayor Agreement executed by City Council authorized
Z4 Z-(
official
City Clerk Attest signatures, retains original agreement and
10
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forwards copies to Project Manager