HomeMy WebLinkAboutReso 194-14 Jordan Rch Tr 8142 Stormwater RESOLUTION NO. 194 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE STORMWATER TREATMENT MEASURES
MAINTENANCE AGREEMENTS
WITH TRACT 8142, 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 (inlet inserts only) with Tract 8142, Jordan
Ranch, Neighborhood 2, attached hereto as Exhibit A, which will be recorded against the
property concurrently with the Tract 8142 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 8142, Jordan Ranch, Neighborhood 2, attached hereto as Exhibit B, which will be
recorded against the property concurrently with the Tract 8142 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 18th day of November, 2014, by the
following vote:
AYES: Councilmembers Biddle, Gupta, Haubert, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hart
ABSTAIN: None
6N?
Mayor
ATT, T:
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�..� 1. ✓r•_■ - '
D PL)T1 City Clerk ' '
Reso No. 194-14,Adopted 11-18-14, Item 4.8 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 Storrnwater Treatment Measures Maintenance Agreement ("Agreement") is
entered into this November 18, 2014 , 2014, by and between the City of Dublin
("City") and Toll CA III, L.P. , 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, Toll CA III, L.P. , is the owner of real
property commonly known as The Preserve at Jordan Ranch -Tract 8142
(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
Tracts 8140, 8141, 8142 , and prepared by RJA Civil Engineers ,
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.
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 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 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 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
party company shall be submitted to the City in order to verify that the maintenance of the
inlet filters 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 reoords 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 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, 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,
Page3of9
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: Toll CA Ill, L.P.
Attention: Richard M. Nelson
Street Address: 2000 Crow Canyon Place, Suite 200
City: San Ramon State: CA Zip Code: 94583
Telephone Number: 925-855-0620
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 law, available to the City as a result of the Property Owners
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 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 Recorder's Office of the County of Alameda,
California at the Property Owner's expense.
Page 5 of 9
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 Toll CA III, L.P.
By: By:
Richard M. Nelson
Typed or Printed Name Typed or Printed Name
Division President
Title
Title
November 18, 2014
Date Date
(Attach Notary Acknowledgment)
Page 6 of 9
Exhibit A— Property Description
TRACT 8142
DUBLIN, CALIFORNIA
All that certain real property situated in the City of Dublin, County of Alameda, State of
California described as follows:
Tract 8142 as said Tract is shown on that certain map entitled Tract 8142 Jordan Ranch
filed on Book of Maps, at Pages__through Official
Records of said County.
End of Description
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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, PRIVATE1Jordan Ranch FCN#985-T-8140-8142\Agreements\FM 814210&M Agreement-Inlet
Inserts\Exhibit C.Maintenance Schedule.doc Page 1 of 1
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 November 18,2014 , 2014, by and between the City of Dublin
("City") and Toll CA III,L.P. , 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
1 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, ToII CA III,L.P. , is the owner of real
property commonly known as The Preserve at Jordan Ranch-Tract 8142
(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
Tracts 8140,8141,8142 , and prepared by RJA Civil Engineers
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 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.
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
1st and October 1st 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.
•
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: Toll CA Ill, L.P.
Attention: Richard M. Nelson
Street Address: 2000 Crow Canyon Place, Suite 200
City: San Ramon state: CA Zip Code: 94583
Telephone Number: 925-855-0620
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
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 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.
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 Toll CA Ill,L.P.
By: By:
Richard M. Nelson
Typed or Printed Name Typed or Printed Name
Division President
Title Title
November 18, 2014
Date Date
(Attach Notary Acknowledgment)
Page 6 of 10
Exhibit A— Property Description
TRACT 8142
DUBLIN, CALIFORNIA
All that certain real property situated in the City of Dublin, County of Alameda, State of
California described as follows:
Tract 8142 as said Tract is shown on that certain map entitled Tract 8142 Jordan Ranch
filed on Book—of Maps, at Pages_through _, Official
Records of said County.
End of Description
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Landscape Based Maintenance Plan
EX1 -t T
Landscape Based Maintenance Plan
Routine Maintenance Activities •
The maintenance objectives for the landscaped stormwater treatment include keeping up the pollutant
removal efficiency of the channel by maintaining a dense, healthy vegetated cover. 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
No. Maintenance Task Frequency of
Task
1 Remove obstructions, debris and trash from the treatment measure and Minimum 3
dispose of properly. ! times/year.1
2 Inspect the treatment measure to ensure that it drains between storms and i Minimum 3
within five days after rainfall. ' times/year.1
3 Inspect downspouts, curb cuts, overflow pipes, 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 times/year.'
repair, replace and replenish as necessary.
4 Inspect inlets for channeling, ruts and holes, soil exposure or other evidence Minimum 3
of erosion. times/year.1
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 soil2 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 Vegetated 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: Standing water shall not remain in the treatment measures for more than five
days, to prevent mosquito generation. Should any mosquito issues 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
or contractor. Contact information for ACMAD follows: Alameda County Mosquito Abatement District,
23187 Connecticut St., Hayward, CA 94545, Phone: (510) 783-7747.
1 The 3 minimum times/year are as follows: 1) before vvet season, 2) after rain events >1" or greater,
and 3) after the wet season.
2 Soil 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
wvwv.dublin.ca.cov/stormwaterdevelopment 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.
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