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HomeMy WebLinkAboutReso 17-13 Brannigan St Strmwtr Maint Agmt RESOLUTION NO. 17 - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT WITH BRANNIGAN STREET - TRACT 8093 WHEREAS, a Site Development Review Permit and Vesting Tentative Tract Map 8093 for 19 Single-Family Detached Units for a 3-Acre Site Located Along the West Side of Brannigan Street North of Gleason Drive was approved by Planning Commission Resolution 12-12 on March 27th, 2012, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to enter into construct project- related stormwater treatment measures with this project; and WHEREAS, said Conditions of Approval required the developer to enter into a "Stormwater Treatment Measures Maintenance Agreement" for the maintenance of the stormwater treatment measures; and WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater Treatment Measures Maintenance Agreement" with Tract 8093 attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract 8093 final map. NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 19th day of February, 2013, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None \/ .. ATT T: Mayor City Clerk Reso No. 17-13,Adopted 2-19-13, Item 4.7 Page 1 of 1 • • RECORDING REQUESTED BY: CITY OF DUBLIN • When Recorded Mail To: City Clerk City of Dublin 100.Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT This Stormwater Treatment Measures Maintenance Agreement ("Agreement") is entered into this , 2013 by and between the City of Dublin ("City") and Lennar Homes of California, Inc., A California Corporation, a property owner of real property described in this Agreement. RECITALS A. On February 19, 2003, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2-2003-0021, CAS0029831, reissuing the Alameda Countywide NPDES municipal stormwater permit for the Alameda Countywide Clean • Water Program; and B. Provision C.3.e.ii. of this NPDES permit, and as it may be.amended or reissued, requires the permittee public agencies to provide minimum verification and access assurances that all treatment measures shall be adequately operated and maintained by entities responsible for the storm water treatment measures; and C. The Property Owner, Lennar Homes of California, Inc., A California Corporation, is the owner of real property commonly known as "Brannigan Street — Tract 8093" (the "Property"), subject to the conditions of approval of Planning Commission Resolution No. 12-12: PLPA-2011-00039, approved March 27, 2012, and more particularly described in the attached legible reduced-scale copy of the Site Plan or comparable document (Exhibit A) upon which stormwater treatment measures are located or to be constructed; and D. The City is the permittee public agency with jurisdiction over the Property. E. The Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (hereinafter referred to as "Property Owner") recognizes that the storm water treatment measure(s) more particularly described and shown on. Exhibit B (Location Form), "Private- Improvement Plans, Brannigan Street - Tract 8093, City of Dublin, California" (10 Sheets), prepared by Carlson, Barbee & Gibson, Inc., of which full-scale plans and any amendments thereto are on file with the Public Works Department of the City of Dublin must be installed and maintained as indicated in this Agreement and as required by the C:\D000ME-lt reed\LOCALS-1\Temp\notes87944B\O&M Stormwater Agreement.doc Page t of 6 NPDES permit. F. The City and the Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Site Plan or comparable document be constructed and maintained on the Property; and G. The City's Stormwater Management Program, guidelines, criteria and other written directions require that the stormwater treatment measure(s), as shown on the approved Site Plan or comparable document, be constructed and maintained by the Property Owner NOW, THEREFORE, with reference to the above recitals and in consideration of the mutual promises, obligations, and covenants herein, City and Property owner agree as follows: SECTION 1: CONSTRUCTION OF TREATMENT MEASURES The on-site stormwater treatment measure(s) shown on the Site Plan or comparable document shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY • This agreement shall serve as the signed ,statement by the Property Owner accepting responsibility for operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another entity. Before the Property is legally transferred to another entity, the Properly Owner shall provide to the City at least one of the following: 1) A signed statement from the public entity assuming post-construction responsibility for treatment measure maintenance and that the treatment measures meet all local agency design standards; or 2) Written conditions in the sales or lease agreement requiring the buyer or lessee to assume responsibility for operation and maintenance (O&M) consistent with this provision, which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or 3) Written text in project conditions, covenants and restrictions (CC&Rs) for residential properties assigning O&M responsibilities to the home owners association for O&M of the treatment measures; or 4) Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures. SECTION 3: MAINTENANCE OF TREATMENT MEASURES . The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner - that lessens its effectiveness, and shall, at its sole expense, adequately maintain the • stormwater treatment measure(s) in good working order acceptable to the City and in • accordance with the Treatment Measure Operation and Maintenance Inspection Report • (TMOMIR) agreed hereto an example of which is attached as Exhibit C (TMOMIR). This includes all pipes, channels or other conveyances built to convey stormwater to the CA DOCUME-1\breethLOCALS-11Tempthotes87944B\O&M Stormwater Agreement.doc Page 2 of 6 treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. The TMOMIR shall include a detailed description of and schedule for long-term maintenance activities. SECTION 4: SEDIMENT MANAGEMENT The Property Owner will manage sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) appropriately. The Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the TMOMIR. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations. SECTION 5: ANNUAL INSPECTION AND REPORT The Property Owner shall, on an annual basis, complete the Treatment Measure Operation and Maintenance Inspection Report (annual report), attached to this agreement as Exhibit C. The annual report shall include all completed Inspection and Maintenance Checklists Exhibit D (Check List) for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this agreement. The annual report shall be submitted no later than December 31 of each year, under penalty of perjury, to the City of Dublin NPDES Coordinator at the City of Dublin, 100 Civic Plaza, Dublin CA, 94568 or another member of the City staff as directed by the City. The Property Owner shall provide a record of the volume of all accumulated sediment removed from the treatment measure(s) in the annual report. The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s) before the wet season. This inspection shall occur between August 1st and October 15t each year. The TMOMIR, Exhibit C, may require more frequent inspections. The results of inspections shall be recorded on the Model Inspection & Maintenance Checklist(s) attached as Exhibit D. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make changes or modifications to the stormwater treatment measure(s) and/or the TMOMIR, Exhibit C, as may be determined as reasonably necessary by the City to ensure that treatment measures are properly maintained and continue to operate as originally designed and approved. SECTION 7: ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City of Dublin; the San Francisco Bay Regional Water Quality Control Board (RWQCB); the Alameda County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property when it has a reasonable basis to believe that a violation of this Agreement, the City's Stormwater Management Program, guidelines, criteria, other written direction, or the Alameda Countywide Clean Water Program's NPDES municipal stormwater permit (Regional Board Order R2-2003-0021, and any C:\DOCUME-1\breed\wcALS-1\7enip\notes87944B\O&M Stormwater Agreement.doc Page 3 of 6 • amendments or re-issuances of this permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the TMOMIR criteria or other written direction. Whenever possible, the City, RWQCB, or the Mosquito Abatement District shall provide reasonable notice, delivered pursuant to Section 9 of this agreement, to the Property Owner before entering the property. SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan or comparable document in good working order acceptable to the City and in accordance with the TMOMIR, incorporated in the Agreement, the City, and its authorized agents and employees with reasonable notice, delivered pursuant to Section 9 of this agreement, may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the • treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. SECTION 9: NOTICES All notices herein required shall be in writing, and delivered by person or send by registered mail, postage pre-paid. Notices required to be given to the City shall'be addressed as follows: NPDES Coordinator Public Works Department • City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to Property Owner or Property Manager shall be addressed as follows: Company Name: Lennar Homes Attention: Doug Rich Street Address: 6111 Bollinger Cyn., Ste. 550 City: San Ramon State: CA Zip Code: 94583 Telephone Number:925.242.0837 . Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. • SECTION 10: REIMBURSEMENT OF CITY EXPENDITURES C:\DOC U M E-11b reed\LOCALS-11Temp\i otes879448\O&M Stormwater Ag reeme nt.d oc • Page<I of6 In the event the City, pursuant to this Agreement, performs work of any nature (direct or indirect), including any re-inspections or any actions it deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City of Dublin upon demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder, including reasonable mark-ups for overhead and expenses. If these costs are not paid within the prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property, or prorated against the beneficial users of the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided by law, available to the City as a result of the Property Owner's failure to maintain the treatment measure(s). SECTION 11: INDEMNIFICATION The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the City. In the event a claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the City, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the City. SECTION 12: NO ADDITIONAL LIABILITY It is the intent of this agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. SECTION 13: TRANSFER OF PROPERTY This Agreement shall run with the title to the land. The Property Owner further agrees whenever the Property is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property. • SECTION 14: SEVERABILITY The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this C:\DOCUME-116reed\LOCALS'-1\Temp\notes87844B1O&M Stormwater Agreement.doc Page 5 of 6 • Agreement. SECTION 15: RECORDATION This Agreement shall be recorded by the Property Owner, or by the City by mutual agreement, within 30 days after the execution date of this Agreement as stated above among the deed records of the County Recorder's Office of the County of Alameda, California at the Property Owner's expense. SECTION 16: RELEASE OF AGREEMENT In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Agreement, which the Property Owner, or the City by mutual agreement, shall record in the County Recorder's Office at the Property Owner's expense. The stormwater treatment measure(s) shall not be removed from the Property unless such a release is so executed and recorded. SECTION 17: EFFECTIVE DATE AND MODIFICATION This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the City and the Property-Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded. • CITY: PROPERTY OWNER: CITY OF DUBLIN LENNAR HOMES OF CALIFORNIA, INC., A CALIFfIJIA CORPORATION By: By: '�J 0 F f Typed or Printed Name Typed or Priifed Name I ti Title Title E t I 1171/1 Date Date (Attach Notary Acknowledgment) • C:\D000ME-1threed\LOCALS-11Temp\notes87944B\O&M Stormwater Agreement.doc Page 6of6 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ( wc._ On-&-t1. 2oI-ID before me, r \c$c.rt-<, - ,km1; Data Hero Insert Name.e4tl Tele of the officer personally appeared _Oct Name{e)of SIgner(y) 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 hefsheRhey executed the same in his/herffheir authorized s;. t.atrz£A capacity(ies), and that by his/her/their signature(s) on the , commission p t951289 z instrument the person(s), or the entity upon behalf of Notary Public-California z_Ely Contra Costa County which the persons) acted, executed the instrument. Y _ h1y Comm.Expire-Oct 2015 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 Place Notary Seal Above Signature of Notary Put'c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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Operation and Maintenance Information for Stormwater Treatment Measures Complete and submit for municipal stormwater NPDES permit reporting the following information for each new and redevelopment project where treatment measures have been implemented since February_19;2003. Information on This section to be completed by Applicant' Background Information Location or Address: Type of Land Use: ❑ Commercial 0 Industrial ❑ Residential ❑ Public Agency Property Owner's Name: Parcel/Tract No.: Lot No.: APN# Type of treatment measures implemented: Describe locations of each treatment measure or attach map showing locations on the property: Stormwater Treatment Measure Owner or Operator's Information; Name: Address: Phone: Fax: Email: Sizing criteria used to design each stormwater treatment measure: ❑Alameda Countywide Clean Water Program's NPDES permit's Provision C.3.d ❑Other, describe: Applicant's Name - Signature Date This section to be completed by Agency staff or Applicant More Detailed Information about Access Assurance and O&M Responsibilities: Describe how access permission is assured for O&M verification by public agencies or their representatives (e.g., municipality, Regional Water Quality Control Board, and Mosquito Abatement District): • Indicate how responsibility for O&M is assured. Check all that apply: ❑ Signed statement from private entity accepting responsibility for O&M until responsibility is legally transferred. ❑ Signed statement from public entity assuming O&M and that the treatment measures meet all local design standards. ❑ Written conditions in the sales or lease agreement requiring the buyer or lessee to assume O&M (in the case of purchase and sale agreements, conditions shall survive the close of escrow). ❑ Written text in project conditions, covenants and restrictions for residential properties assigning O&M responsibilities to the home owners association. • ❑ Any other legally enforceable agreement or mechanism that assigns responsibility and describe below. • Local Agenc O&M Verification Pro.ram - G:\DEVELOPMENT, PRIVATE\Brannigan Street-Lennar-Tract 8093\SD Maintenance Agreement\O&M location form(Exhibit B).doc version dated April 11,2003 • Name of municipality or Flood Control District responsible under the NPDES permit for verifying O&M. Describe where information documenting responsibility for O&M is kept and updated. EXHIBIT B Agency Staff Initials • • • • • G:DEVELOPMENT, PRIVATE'Brannigan Street-Lennar-Tract 8093\SD Maintenance Agreement\O&M location form(Exhibit B).doc version dated April 11, 2003 Model O&M Agreement Attachment: Stormwater Treatment Measure Inspections, Operation and Maintenance, Standard Annual Report Form • EXHIBIT C Version:May 26,2004 Exhibit to the Maintenance Agreement between [[= Name of Municipality =_]] and [[== Property Owner/Responsible Party==]]: Storm water Treatment Measure Inspections, Operation and Maintenance, Standard Annual Report Form Version:May 26,2004 • • Stormwater Treatment Measure Inspections, Operation and Maintenance, Standard Annual Report Form for Use in Reporting To the j[== Insert Name of Municipality==]], California When completed this report form and attached completed Inspection and Maintenance Checklists will document the inspections and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the City and the property owner during the annual reporting period indicated below. I. Property Information: • Property Address or APN: -Property Owner: II. Contact Information: Name of person to contact regarding this report: Phone number of contact person: Email: Address to which correspondence regarding this report should be directed: III. Reporting Period: This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from to IV. Stormwater Treatment Measure Information: The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement: Identifying Type of Treatment Measure Location of Treatment Measure on the Number of Property • Treatment Measure • • • GU>EVEIOPMENF,PRIVATEBnnnigan Street-Itnar.--Traci SO931SDMSnteruncaAQreemeskO.FM Standard Report Form-TMOMIR(Exhibit C)doc Page 1 Standard Annual Report Form • [[—Insert.PropertyAddress— ]] V. Summary of Inspections and Maintenance: Summarize the following information using the attached Inspection and Maintenance Checklists: Identifying Date of Operation mid Maintenance Activities Additional Comments Number of Inspection Performed and Date(s) Conducted Treatment Measure VI. Sediment Removal: Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: cubic yards. How was sediment disposed? • ❑ landfill ❑ other location on-site as described in and allowed by the maintenance plan ❑ other, explain Page 2 Standard Annual Report Form [[==/.. [= t Proper yAddress=]] • • VII. Inspector Information: The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s): Inspector Name and Title Inspector's Employer and Address VIII. Certification: I hereby certify,under penalty of perjury, that the information presented in this report and attachments is true and complete: Signature of Property Owner or Other Responsible Party Date Type or Print Name Company Name Address Phone number: Email: • • Page 3 Standard Annual Report Form [[ tnserl Properly Address=]] Attachments to the Stormwater Treatment Measure Inspections, Operation and Maintenance, Standard Annual Report Form: Inspection and Maintenance Checklist(s) • Page 4 Standard Annual Report Form • O 0 f 2 . f § . ) k { .E \ . . % \ - ] . / - — \ E / ) ! { \§f » \ e 0 ) ; _ $$\ 7 C ( \LLS g $ ) ($_ 0 « \ c Ts to ) ;}§ a § ae / _ E¥ \ °-o -o � o 00 \ \) `._ _. \ _ - _ - ]ai.13 ! % 2 < ! z OE /) k /\ z , k ( \\ ¥ / go \ } ) § }{f 28 - CO — /\\ \ - \ ) / 0 t3 \ M C . 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