HomeMy WebLinkAboutReso 06-14 Jordan Rch Tr 8140 Stormwater Trmt Agmt RESOLUTION NO. 6 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT
WITH TRACT 8140, JORDAN RANCH, NEIGHBORHOOD 2
WHEREAS, a Vesting Tentative Tract Map for Tract 8024 — Jordan Ranch was approved by
Planning Commission Resolution No. 10-25 on May 11, 2010, with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the developer to 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 Tract Improvement
Agreement to construct required tract improvements, including stormwater treatment measures; and
WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater
Treatment Measures Maintenance Agreement with Tract 8140, Jordan Ranch, Neighborhood 2,
attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract
8140 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 21st day of January, 2014, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Atj,-
ATT T: Mayor
/Q,cor
City Clerk
Reso 6-14,Adopted 1-21-14, Item 4.8 Page 1 of 1
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mall To:
Martha Aja
Environmental Services
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 , 2014 by and between the City of Dublin ("City")
and Toll CA III, L.P., A California Limited Partnership, the property owner of real
property described in this Agreement("Property Owner").
RECITALS
A. On October 14, 2009, the Regional Water Quality Control Board, San Francisco
Bay Region, adopted Order R2-2009-0074, CAS612008, issuing the Municipal
Regional Stormwater NPDES permit(MRP)for the San Francisco Bay Region;and
B. Provision C.3.h of the MRP, 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, Toll CA Ill, L.P., A California Limited Partnership, is the
owner of real property commonly known as "Jordan Ranch — Tract 8140
Clusters, Neighborhood 2" (the "Property"), 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),
"Improvement Plans — Tracts 8140._ 8141 & 8142 — The Preserve at Jordan
Ranch — The Aitmore Collection" , prepared by Ruggeri-Jensen-Azar, 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
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this Agreement and as required by the 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 Dublin Municipal Code Chapter 7.74, and other City guidelines, criteria and
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, the Property owner agrees 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 Property
Owner shall provide written notice of the Agreement to the transferee and provide the
City a copy of such notice.
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
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
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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 1't and October 1'r each year. The TMOMIR,
Exhibit C, may require more frequent inspections. The results of nspections shall be
recorded on the Model Inspection &Maintenance Checklist(s)attached as Exhibit D.
SECTION 8: 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; 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 tknes 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 Municipal Regional Stormwater NPDES Permit
(Regional Board Order R2-2009-0074, and any 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
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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 knpose 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
Environmental Services
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: Toll CA III, L.P.. A California Limited Partnership
Attention: Rick Nelson. Division President
Street Address: 2000 Crow Canyon Place. Suite 200
City: San Ramon State:CA Zip Code: 94583
Telephone Number: (925) 855-0260
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
In the event the City, pursuant to this Agreement, performs work of any nature
(direct or indirect), including any reinspections 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
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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
Agreement.
SECTION 15: RECORDATION
This Agreement shall be recorded by the Property Owner, or by the City by mutual
agreement, within thirty (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.
Page 5 of 7
SECTION 18: 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.
SECTION 18: MISCELLANEOUS
The interpretation, validity, and enforcement of this Agreement shall be governed
by and interpreted in accordance with the laws of the State of California. Any suit, claim,
or legal proceeding of any kind related to this Agreement shall be filed and heard in a court
of competent jurisdiction in the County of Alameda.
In the event of legal action occasioned by any default, inaction or action of the
Property Owner, the Property Owner agrees to pay all costs incurred by the City in
enforcing the terms of this Agreement, including reasonable attorney's fees, litigation
expenses, including experts' fees and costs, and other costs which shall become part of
the lien against the Party.
CITY: PROPERTY OWNER:
TOLL CA III, L.P.,
CITY OF DUBLIN A CALIFORNIA LIMITED PARTNERSHIP
By By ex -I -----
eitofreArk. n}GL,SurJ
Typed or Printed Name Typed or Printed Name
Jt stogy 1Air'
Title Title
t`l- 'k l i t
Date Date
(Attach Notary Acknowledgment)
Page 8 of 7
INSERT TYPICAL EXHIBITS
Page 7 of 7
ACKNOWLEDGMENT
State of California
County of Contra Costa )
on January 3rd, 2014 before me, Sarah Langmayer, Notary Public
•
(insert name and title of the officer)
personally appeared Richard M. Nelson
who proved to me on the basis of satisfactory evidence to be the person whose name) 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 signatures 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.
+ SARAH LANGMAYER
WITNESS my hand and official seal. `; Commission#1937230
''f' • 1! Notary Public-California
Contra Coals County ..
/ M Comm.Ex ims Jun 16.2015
Signatu LUAA.A- i�L4 fbaL....i.., (Seal)
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