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HomeMy WebLinkAboutReso 60-14 Jordan Ranch Tr 8155 Stormwater Trmt RESOLUTION NO. 60 - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT WITH TRACT 8155, JORDAN RANCH, NEIGHBORHOOD 4 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 (inlet inserts only) with Tract 8155, Jordan Ranch, Neighborhood 4, attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract 8155 Final map; and WHEREAS, the developer has executed and filed with the City of Dublin a Stormwater Treatment Measures Maintenance Agreement (general stormwater treatment measures) with Tract 8155, Jordan Ranch, Neighborhood 4, attached hereto as Exhibit B, which will be recorded against the property concurrently with the Tract 8155 Final map. NOW, THEREFORE, BE IT RESOLVED that said Agreements are hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreements. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreements to the County Recorder for filing. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 20th day of May, 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None AitZajt Mayor ATTEST. di/06 R City Clerk Reso No.60-14,Adopted 5-20-14, Item 4.3 Page 2 of 2 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail 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 , a property owner of real property described in Exhibit A of 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. The City is a permittee of the MRP; and C. Provision C.3.h of the MRP requires the City to implement an Operation and Maintenance Verification Program ("Program") for stormwater treatment systems, which are defined as "any engineered system designed to remove pollutants from stormwater runoff by settling, filtration, biological degradation, plant uptake, media absorption/adsorption or other physical, biological or chemical process," and "includes landscape-based systems such as grassy swales and bioretention units as well as proprietary systems" (MRP, pg. 133). As part of this program, the City is required to ensure that all installed stormwater treatment systems or measures are adequately operated and maintained by entities responsible for such stormwater treatment systems or measures, such as the Property Owner, and D. The Property Owner, , is the owner of real property commonly known as (the "Property"), which is more particularly described in Exhibit A, upon which stormwater treatment measure(s) are to be constructed or located, operated and maintained; and E. The stormwater treatment measure(s) are more particularly described in Exhibit u B — Stormwater Management Site Plan and the full scale project plans entitled and prepared by are on file with the Public Works Department of the City; and C:\Uaers\agenda\Deaktop\4.3 attch 8.doc Page 1 of 10 F. The City is the permittee public agency with jurisdiction over the Property; and G. The Property Owner, its administrators, co-owners, executors, successors, heirs, assigns or any other persons, including any homeowners association (collectively hereinafter referred to as "Property Owner") recognizes that the stormwater treatment measure(s) must be installed and maintained on the Property as indicated in this Agreement and as required by the MRP; and H. The City and the Property Owner agree that the health, safety and welfare of the citizens of the City, together with the provisions of Dublin Municipal Code Chapter 7.74 and other applicable City guidelines, require that the stormwater treatment measure(s)detailed in Exhibit B are to be constructed, operated and maintained on the Property by the Property Owner, and I. The Property Owner accepts the responsibility for constructing, operating, and maintaining the stormwater treatment measure(s)on the Property. 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) described in Exhibit B 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. 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 (Inspection Report) agreed hereto an example of which is attached as Exhibit C — Inspection Report. 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 Inspection Report shall include a detailed description of and schedule for long-term maintenance activities. C:\Users\agenda\Desktop44.3 attch 8.doc Page 2 of 10 SECTION 4: SEDIMENT MANAGEMENT, The Property Owner shall manage sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) appropriately. The Property Owner shall provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the Inspection Report. 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 (Inspection Report), attached to this Agreement as Exhibit C. The annual Inspection Report shall include all completed Inspection and Maintenance Checklists, attached hereto as Exhibit D for the annual 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 Inspection 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 Inspection 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 and October 1�each year. The Inspection Report, Exhibit C, may require more frequent inspections. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make any changes or modifications to the stormwater treatment measure(s) and/or the Inspection Report, Exhibit C, as the City may determine to be reasonably necessary to ensure that the 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(hereinafter"Agencies")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 operated and 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 the Agency or Agencies has/have a reasonable basis to believe that a violation of this Agreement, the City's Stormwater Management Program, guidelines, criteria, or the MRP, 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 Inspection Report criteria. Whenever possible, Agencies shall provide reasonable notice, delivered pursuant to Section 9 of this Agreement, to the Property Owner before entering the property. C:1UserslagendaDesktop44.3 attch 8.doc Page 3 of 10 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 Inspection Report, 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 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: Attention: Street Address: City: State: Zip Code: Telephone Number: 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 C:\Users\agenda\Deaktop\4.3 attch 8.doc Page 4 of 10 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, induding attorney fees daimed 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, induding 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 agrees that whenever the Property is held, sold, conveyed or otherwise transferred, the Property shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property. 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 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. C:\Useralagenda\Desktop14.3 attch 8.doc Page 5 of 10 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. 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. 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: CITY OF DUBLIN By: By: • Typed or Printed Name Typed or Printed Name Title Title Date Date (Attach Notary Acknowledgment) V.IVOCI012aCI lVdwt.OIUVFlw.o dUt3II O.UVti revs V VI IV EXHIBIT A- PROPERTY DESCRIPTION C:\Users\agenda\Desktop14.3 attch 8.doc Page 7 of 10 EXHIBIT B-STORWATER MANAGEMENT SITE PLAN C:\Userslagenda\Desktop\4.3 attch 8.doc Page 8 of 10 EXHIBIT C TREATMENT MEASURE OPERATION & MAINTENANCE INPSECTION REPORT 7e C:\Uaens1agendaDeaktop44.3 attch 8.doc Page 9 of 10 EXHIBIT D-INSPECTION & MAINTENANCE CHECKLISTS C:\Users\agendalDesktoM4.3 attch 8.doc Page 10 of 10