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HomeMy WebLinkAboutReso 183-14 Jordan rch Tr 8179 Stormwater Treatmt RESOLUTION NO. 183 - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENTS WITH TRACT 8179, JORDAN RANCH, NEIGHBORHOOD 3 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 8179, Jordan Ranch, Neighborhood 3, attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract 8179 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 8179, Jordan Ranch, Neighborhood 3, attached hereto as Exhibit B, which will be recorded against the property concurrently with the Tract 8179 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 21st day of October, 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ■/ I" Aa,,d44 M-- Mayor ATTEST: juv - P City Clerk Reso No. 183-14,Adopted 10-21-14, Item 4.11 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 Recorders use STORMWATER TREATMENT MEASURES . MAINTENANCE AGREEMENT This Stormwater Treatment Measures Maintenance Agreement ("Agreement") is entered into this October 21,2014. , 2014, by and between the City of Dublin ("City")and Ales-0 IP.Ag.*a.1'! t.o c..e ° &A-c Owner"), 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,411"- -�.! ! is the owner of real property commonly known as Capri at Jordan Ranch-Tract 8179 (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 B - Stormwater Management Site Plan and the full scale project plans entitled Improvmnt Plans Tr 8179 , and prepared by Ruggeri-Jensen-Azar are on file with the Public Works Department of the City; and Page 1 of 9 • F. The City is the permittee public agency with jurisdiction over the Property. • O. 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 1. The Property Owner accepts the r esponsiblity 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 measures) 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 Maintenance Schedule, 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. Page 2 of 9 • SECTION 4: SEDIMENT MANAGEMENT The Property Owner shall manage sediment accumulation resulting from the normal operation of the storrriwwater 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 My 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 maintain all the Inlet filters installed on the property. The inlet filters are required to be serviced by a third party company a minimum of three times per seasonal cycle.Additional information on the required maintenance Of the inlet filters in included in Exhibit C. Maintenance records provided to the Property Owner by the third pag company shall be submitted to the City in order to'verify that the maintenance of the inlet titers have been conducted pursuant to this agreement The maintenance records 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 maintenance records shall include the volume of all accumulated sediment removed from the inlet filter.: 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) as the City may determine to be reasonably necessary to ensure that the treatment measures ate 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, the Agencies 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 Inspection Report, Pepe 3 of 9 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.stare 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 mall, 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: .e. sa.de-Aft+Ash-c a-mtJ'' ' Attention: Kevin Poh!son Street Address:500 La Gonda Way, Suite 100 City:Danville State:CA Zip Code:94526 • Telephone Number:, 925'743-8000 • 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 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 • Page 4 of 9 legal remedies as provided by taw, 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, inducting 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, offidals 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 measures)by the Property Owner, provided, hOwevar; 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. 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 Recorders Office of the County of Alameda, California at the Property Owners expense. Page 5of9 • SECTION 16: RELEASE OF AGREEMENT I , 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, induding 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 At i°'/"M' .A7 CI"CheLe By. B jac /A/ /a oh/-mss- Typed or Printed Name Typed or Printed Name vi cam_ /cm"-t_&, �o Title : Title October 21 , 2014 . ./c /v /le Date • . Date (Attach Notary Acknowledgment) i Page 8 of 9 ACKNOWLEDGMENT State of: California County of: Contra Costa On Oc;to berg dO/''before me, Yvonne M.Craves,Notary Public (name and title of the officer) personally appeared Kevin Pohlson who proved to me on the basis of satisfactory evidence to be the person 4s)whose name{s}is/are subscribed to the within instrument and acknowledged to me that he/ehe/they executed the same in his/her/their authorized capacity(iee),, and that by his/heath&signature}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 •. YVONNE M.CRAVES . Commission 4E 2014324 Notary Public-California Contra Costa County '— /in N.C.U7(11— J " MComrnExQesM:r22 017 (seal) ature of Notary Public Exhibit A TRACT 8179 DUBLIN, CALIFORNIA All that certain real property situated in the City of Dublin, County of Alameda, State of California described as follows: Tract 8179 as said Tract is shown on that certain map entitled Tract 8179 Jordan Ranch. filed on Book_of Maps, at Pages through , Official Records of said County. End of Description . _ I lig 1 •:. i $ 1 E I : . y. gig: • 1 • I - OE ti 114V I Itimil I . k 8 • .... .. P• co tei b 1 I- . ... .1.'4 . x w u, „i.''.,•/:::"; :1 ■Z•r.3 v V:3,.,!!j7 j , 41 ill iq.cla tAiraMpallen In! 1 8.- < 1- ..,, 44, Wilw-amadmomall ELM .. X .:7...... ii. -, • _ ,,, i:io.A■ .„ =au az .4 . co g \ TO■c014 Ks Ining ow .g.I. 5 . 1 ..\ \46.04; 11881 i . z k t a I .- ,:.';•:-. -k,T,` wettirr : / 5 ''' '' '''A■f 4141014001F / ... •--,-I., ,. i / - X/ o 0 • ‘\Nir eity I... \ /•\ ' ,,,,,k." , . ..-,. ., alIsoweergetastMmarewnwwwwmfammeloismort. EXHIBIT C MAINTENANCE SCHEDULE (INLET FILTERS) • Maintenance &Inspections: • All inlet filters installed on the property shall be inspected and serviced at a minimum of three times per year. • A third party company must inspect and service the inlet filters. The third party company shall be approved by the City. • In some instances, the frequency and length of duration between inspections and maintenance may fluctuate based on specific site conditions, such as weather, site use and pollutant type and loading volume. The third party company will provide information on the appropriate duration between inspections. Filter Media Replacement: • The media in the filter shall be replaced when 50% or more of the outer surface of the media is coated with contaminants. • The media pack shall be replaced a minimum of one time per year. • The third party company servicing the filter shall determine when the media requires replacement. • G:IDEVELOPMENT,PRIVATEUardan Ranch-BtooMfeld-Capri N3-Tr 8179-FCN 0310051AgreementslO&M Agreement-Inlet Inserts%Exhthlt C.Meintenen a Schedule.doc Page 1 of 1 • • RRCORDINO REQUESTED BY: CITY OF DUBLIN • When Recorded Mail To: • . Martha Aja • Environmental Services City of Dublin • 100 Civic Plaza. Dublin, CA 94568 Fee Waived perQC 27383 . Space above tills line for Recorder's use • STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT This Stormwater Treatment Measures Maintenance Agreement ('Agreement") is entered into this Ocicb.r21,2014 , 2014, by and between the City of Dublin ("City")and o.t.,osax—de:* 443.0teeir . �,,c..C.. ., 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,a + '..c.. e.q�11 MSc.the owner of real • . property commonly known as Capl•tom ran.rractA79 (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 B — Stormwater Management Site Plan and the full scale project plans entitled improvement Plano-Treat 8170 , and prepared by RuSpeWelsemAzar are on file with the Public Works Department of the City; and 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 stomiwater 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 adepts 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 orz-site stormwater treatment measure(s) described in Exhibit B shell be constructed by the Property Owner in strict accordance with the approved plans and specifications "defined 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 sighed 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 therty nor modify the stormwater treatment system in a manner that lessens its effectiveness, arid she I, at its sole expense, adequately maintain the stormwater treatment measures) 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. Page 2 of 10 • • • SECTION 4: SEDIMENT MANAGEMENT • The Property Owner shad manage sediment accumylation resulting from the normal operation of the starinwater 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 c ornpoance 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 Cheddists, 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 measures) 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 measufe(s) in the annual Inspection Report. The Property Owner shall conduct a minimum of one annual ins. M I on of the stormwater treatment measure(s) before the wet season. This inspection.s = occur between August 1'`and October•"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 measune(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 Eiooard (RVVOCB); the Alameda County Mosquito - Abatement •District (Mosquito Abatement District); and their authorized agents and employees(hereinafter"Agen ies")to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatmentrneasure(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 indudes 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. • Papa 3 of 10 • SECTION a: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Oar falls to maintain the stomiwater treatment •measure(s) es shown on the approved Site Ptah 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 ogler. 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 9i NOTICES • All notices herein required shall be in writing, and delivered by person or send by registered mail, pottage 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 requited to be given to Property Owner or Property Manager shall be addressed as follows: • Company Name: •s ge..107,ce L,`G- Attention:. Kevin Pohlson .Street Address:500 La Gonda Way, Suite 100 • City:Danville " state�CA Zip code:94526 Telephone Number 925-743-8000 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 • Page 4 of 10 II • • • • • 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 bill to and not in lieu of any and all • legal temec#es as provided by law, available to the City as a result of the Property Owner's failure to maintain the treatment measure(s).. SECTION It 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, , (iabilities, losses, atiddents, casualties, occurrences, claims and payments,lndLicling y fees claimed.or which might arise or be asses egainst the City that are alleged or proven to result or arise from the construction, presence, codstence 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 thia Agreement to Insure the proper maintenance of the treatment measure(s)by the Property Owner, provided, however, that this AAggreeeement 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 shell be subject to this Agreement which shall apply to, bind and be obligatory to alt 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 • • • Pge5of10 • • • • 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 Recorders 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 Recorders 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. Iri 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 . " -'CP 4'4'C' By: By. �-� ' /n/ . tam m mss.�cm /"C Typed or Printed Name Typed or Printed Name • . . . \//Gts i.oa Title Title ' • October 21 , 2014 „ 0/4.//14. • Date Date • • (Attach Notary Acknowledgment) Page 6 of 1,0 ' ACKNOWLEDGMENT State of: California County of: Contra Costa On G1G-faber'o?1 a0/14, before me, Yvonne M. Craves, Notary Public (name and title of the olkcer) personally appeared Kevin Pohlson who proved to me on the basis of satisfactory evidence to be the person(6)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(iend 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 YVONNE M.CRAVES +)`; Commission#►2014324 . �i Notary Pub1lc-CaHfomfa 1 '�` ' Contra Costa County 1__ "__ MMr Comm.Extras Mar 26.2017 r (seal) Si nature ure of Notary Public 6 ,Exhibit A, TRACT 8179 DUBLIN, CALIFORNIA • AU that certain real property situated in the City of Dublin,County of Alameda, State of California described as follows: • • Tract 8179 as said Tract is shown on that certain map entitled Tract 8179 Jordan Ranch tiled on Book_of Maps, at Pages through—, Official Records of said County; • • End of Description • • • • • • • • ji 7i ii i Ie I e _—.wet iG . to I R II .� G a1 i <0 '64 8 a� T- ' {O' R I, 6 - ,, )--:,. .. WVM4 © W \ , , .:-..#10 El ITO* , _ , \� �`© © RR R R R ,o ,o O . I I 4 yll 0 O _o N****© J1 W -2 0i,© 8° \p**// \IP) • ■ • • eX eir1- G Landscape Based Maintenance Plan Landscape Based Maintenance Plan Routine Maintenance Activities • The maintenance objectives for the landscaped stormwatertreatment include keeping up the pollutant removal efficiency of the channel by maintaining a dense,healthy vegetated rover.Routine • • maintenance activities,and the frequency at which they will be conducted,are shown in the table below. Routine Maintenance Activities for Landscape Based Treatment Areas ., Frequency of • No. • Maintenance Task . Task 1 Remove obstructions,deb_ris and trash from the treatment measure and Minimum 3 dispose of properly. . . times/year.' 2 Inspect the treatment measure to ensure that it drains between storms and Minimum 3 within five days after rainfall. • - times/year'.' • 3 Inspect downspouts,curb cuts,overflowpipes,inflow pipes,.outflow pipes, and/or bubble ups to ensure flow to the treatment measure is unimpeded. • Minimum 3 • Remove debris and repair damaged pipes.Check splash blocks or rocks and Vales/year." • repair,replace and replenish as necessary. 4 Inspect inlets forchannefing,ruts and holes,soil exposure or other evidence Minimum 3 of erosion. times/year.' • 5 Clear obstructions and remove sediment accumulating near inlets when it Minimum 3 builds up to 2 inches at any spot,or if it covers vegetation.Dispose of times/year.' sediment properly. 6 Inspect concrete lined measures to ensure that box is structurally sound(no Annually cracks or leaks). Repair as necessary. 7 Evaluate health Of vegetation.Remove and replace all dead and diseased • vegetation.Replace with vegetation With similar growth requirements. List the • plants to be used in the treatment area here,or attach a separate sheet: Monthly • 8 Maintain vegetation and the irrigation system.Irrigate vegetation when necessary. Mow, prune and/or weed to keep the treatment measure neat and orderly in appearance.Remove any Invasive vegetation and/or weeds.Treat Monthly • vegetation using preventative and low-toxic methods(Integrated Pest Management). . • 9 Check that mulch, cobble,and/or treatment'soif are at the appropriate depth/s Minimum 3 (per design specifications)and replenish when necessary. times/year.' 10 Inspect the treatment measure Using the inspection checklist. • Minimum 3 times/year.' • • Check the appropriate landscaped based measures that are located at this site: ❑ Bioretention Area ❑Flow-Through Planter • • ❑Tree Well Filter DVegetated Swale • • • • Landscape Based Maintenance Plan • Inspections: The Landscaped Based Inspection Checklist provided in the attachments of the O&M Agreement shall be used to conduct inspections; Identify needed maintenance, and record maintenance that is conducted. Mosquito. Abatement Stanchng water shall not remain in the treatment measures for more than five days, to prevent,mosquito'generation. Should any mosquito !mime arise, contact the Alameda-County Mosquito Abatement District (ACMAD), as needed for assistance. Mosquito larvicides shall be applied .only when absolutely necessary, as indicated by the ACMAD and then only by a licensed professional of contractor. Contact information for ACMAD follows:Alameda County MoSquito.Abatement District, 23187 Connecticut$t., Hayward,CA 94545, Phone:(51.0)183-7747. • The 3 minimum times/year are as follows: 1) before wet season, 2) after rain events >1" or greater, and 3)after the wet season. • 2 Son used shall meet the specifications included in the most recent version of Alameda Countywide Clean Water Program's C.3 Stormwater Technical Guidance Manual accessible at www.dublin.castov/stonnwaterdevelooment Provide a laboratory analysis, from. an approved testing laboratory,to the City of Dublin, Public Works Department, to confirm that the_soils provided Meet the • above requirement. . • • • • • • • • • co ,O m c c L u E m — c 18 1j m 2 Q c m m �-c p4 • °' 0 w x " "a i 1 2 m as °o liii 'o Nob • m •= Vm m O > m � $ s 3 „ 4 as I- -o .Z m -¢.6 EA" I— 2 m - m !, 3 Q m g L 0 • • , . . . .0 L c .,. .:.:.. 0 0 m « • 3 2 c C. e o m a. m -� c n. al o) E o ., .c 0. m m.•. 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