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HomeMy WebLinkAboutAGENDA REPORT 2004 0303 CC REG ITEM 10If T _,___ I MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brad Miller, City Engineer 1A , 01 Prepared by Clara Magafta, Assistant Engineer DATE: February 25, 2003 (CC Meeting of 3/03/04) SUBJECT: Stormwater Treatment Device Access and Maintenance Agreement for Poindexter Properties LLC BACKGROUND /DISCUSSION Poindexter Properties LLC is the developer of Tract 4986 Lot 3, an industrial development project. As part of the municipal storm water program, the developer is required to employ on -site control measures to minimize pollutants in urban runoff and comply with the National Pollutant Discharge Elimination System ( NPDES), permit no. CAS004002. The objectives of the municipal storm water program are: 1) Effectively prohibit non -storm water discharges, and 2) Reduce the discharge of pollutants from storm drains to the maximum extent practicable. Under the NPDES regulations, the City has the necessary legal authority to prohibit and control non -storm water discharges. The developer chose to install a Vortechs Model 2000 on Lot 3 as the on -site control measure to minimize pollutants in the stormwater runoff from lot 3. In order to assure ongoing operation and maintenance of the Vortechs unit and to allow the City to protect its interests in complying with NPDES regulations the Stormwater Treatment Device Access and Maintenance Agreement has been prepared. Although the agreement allows for a surety amount to be held, we do not recommend requiring a surety until such time as the owner fails to provide satisfactory maintenance of the device. 000114 Honorable City March 3, 2004, Page 2 Council Regular Meeting STAFF RECCb24ENDATION Approve the Stormwater Treatment Device Access and Maintenance Agreement subject to final language approval by the City Manager and the City Attorney, and upon said approval, authorize the Mayor and City Clerk to sign Agreement, and the City Clerk to cause the Agreement to be recorded in the office of the Ventura County Recorder. ATTACHMENTS: 1. Stormwater Treatment Agreement 2. Exhibit "A" 3. Exhibit "B" Device Access and Maintenance 000111 Recording Requested by and Return to: City Clerk City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Stormwater Treatment Device Access and Maintenance Agreement OWNER: PROPERTY ADDRESS: APN: THIS AGREEMENT is made and entered into in , Beverly Hills, California, this day of , 2004 by and between, Poindexter Properties LLC hereinafter referred to as "Owner' and the CITY OF MOORPARK, a municipal corporation, located in the County of Ventura, State of California hereinafter referred to as "CITY "; WHEREAS, the Owner owns real property ( "Property ") in the City of Moorpark, County of Ventura, State of California, more specifically described in Exhibit "A" and depicted in Exhibit "B ", each of which exhibits is attached hereto and incorporated herein by this reference; and WHEREAS, at the time of initial approval of development project known as Tract 4986 within the Property described herein, the City required the project to employ on -site control measures to minimize pollutants in urban runoff; and WHEREAS, the Owner has chosen to install a Vortechs Model 2000, hereinafter referred to as "Device ", as the on -site control measure to minimize pollutants in urban runoff; and WHEREAS, the Owner warrants that Device has been designed by the Developer's engineer in accordance with Best Management Practices to achieve the goals of the Clean Water Act and the Ventura County Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) permit number CAS004002, and successors thereto; and WHEREAS, the Owner warrants that Device has been installed in accordance with plans and specifications prepared by the Owner's engineer and reviewed by the City; and WHEREAS, said Device, with installation on private property and draining only private property, is a private facility with all maintenance or replacement, therefore, the sole responsibility of the Owner in accordance with the terms of this Agreement; and 000116 WHEREAS, the Owner is aware that periodic and continuous maintenance, including, but not necessarily limited to, filter material replacement and sediment removal, is required to assure peak performance of Device and that, furthermore, such maintenance activity will require compliance with all Local, State, or Federal laws and regulations, including those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs. NOW THEREFORE, it is mutually stipulated and agreed as follows: 1. Owner hereby provides the City of Moorpark's designee complete access, of any duration, to the Device and its immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by the Director of Public Works no advance notice, for the purpose of inspection, sampling, testing of the Device, and in case of emergency, to undertake all necessary repairs or other preventative measures at owner's expense as provided in paragraph 3 below. City shall make every effort at all times to minimize or avoid interference with Owner's use of the Property. 2. Owner shall use its best efforts diligently to maintain the Device in a manner assuring that the Device functions in accordance with Best Management Practices to achieve the goals of the Clean Water Act and the Ventura County Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) permit number CAS004002, and successors thereto and to otherwise maintain peak performance at all times. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal and extraction of material(s) from the Device. The ultimate disposal of said material(s) shall be in a manner consistent with all relevant laws and regulations in effect at the time. The Owner shall annually provide the City with documentation certifying the date of maintenance, and the nature of the material(s) removed, as well as the quantity, and disposal destination of said material. 3. In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance and certification contemplated by this Agreement, within five (5) days of being given written notice by the City, the City is hereby authorized to inspect the device and cause any maintenance necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including inspection, maintenance service, and administrative costs, attorneys fees and interest thereon at the maximum rate authorized by the Civil Code from the date of the notice of expense until paid in full. 4. The City may require the owner to post security in form and for a time period satisfactory to the city to guarantee the performance of the obligations stated herein. Should the Owner fail to perform the obligations under the Agreement, the City may, in the case of a cash bond, act for the Owner using the proceeds from it, or in the case of a surety bond, require the sureties to perform the obligations of the Agreement. As an additional remedy, the Director may withdraw any previous stormwater related approval with respect to the property on which a Device has been installed until such time as Owner repays to City it's reasonable costs incurred in accordance with paragraph 3 above. 5. This agreement shall be recorded in the Office of the Recorder of Ventura County, California, at the expense of the Owner and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth, and also a lien in x`00117 such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. 6. In event of legal action occasioned by any default or action of the Owner, or its successors or assigns, then the Owner and its successors or assigns agree(s) to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney's fees and costs, and that the same shall become a part of the lien against said Property. 7. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. 8. The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term "Owner" shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns. Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. Owner shall provide such notice prior to such successor obtaining an interest in all or part of the Property. Owner shall provide a copy of such notice to the City at the same time such notice is provided to the successor. 9. Time is of the essence in the performance of this Agreement. 10. Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy -two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party. IF TO CITY: IF TO OWNER: City Clerk City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Poindexter Properties LLC 8929 Wilshire Blvd., #400 Beverly Hills, CA 90211 000ils IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY OF MOORPARK (Signature) Name: Patrick Hunter, Mayor ATTEST: (Signature) Deborah Traffenstedt, City Clerk Date: , 200 Poindexter Properties LLC NOTARIES ON FOLLOWING PAGE a California limited liability company By: West America Construction Corp. it's manager Nicholas M. Brown, President Thomas L. Harner, Vice President 000119 EXHIBIT "A" Tract 4986 Lot 3 being a subdivision of a portion of parcel "O" as delineated upon that certain map entitled "Map of a Part of Tract L of Rancho Simi, Ventura County, California, as per map recorded in book 5, page 5 of maps and portions of lots 22 and 23, Fremont Tract, as per map recorded in book 3, page 39 of maps, both in the office of the county recorder, County of Ventura, State of California 000120 MIPAP- 000iz7