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Home My WebLink AboutPrivate SCS Agrmt_Tract 3089_CLEAN_08032021RECORDING REQUESTED BY: City of San Luis Obispo WHEN RECORDED, PLEASE RETURN TO City of San Luis Obispo Community Development, Building & Safety Division 919 Palm Street San Luis Obispo, CA 93401 No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 City of San Luis Obispo Standard Private Stormwater Conveyance System Management and Maintenance Agreement Property Description: Site Address: 175 Venture Drive, San Luis Obispo, CA Site APN: 053-259-014 & 053-259-015 Permit No. FMAP-0661-2018 Project: Avila Ranch – Tract 3089 Phase 1 (hereinafter referred to as “PROJECT”) Legal Description: Lots 1 to 28, Lots 31 to 86, Lots 88 to 182, Lot 185, Lot 186, Lot 188 and Lot 190 of Tract 3089 Phase 1, in the City of San Luis Obispo, County of San Luis Obispo, State of California, per map recorded in Book ____ , Page ____ of Maps on file in the office of the County Recorder of said County. This Agreement is made and entered into in San Luis Obispo, California, this _____ day of _________________, 20_____, by and between Avila Ranch Developers, Inc., a California Corporation (“ARD”), as to Lots 1 to 28, Lots 31 to 86, and Lots 88 to 182 of Tract 3089 Phase 1; and FG2 Holdings, LLC, a California limited liability company; Avila Ranch EA, LLC, a California limited liability company; and, CJ Holdings, LP, a California limited partnership, as to Lots 185, 186, 188 and 190 of Tract 3089 Phase 1 (“FG2”) (hereinafter collectively referred to as “OWNERS”) and the City of San Luis Obispo, a municipal corporation, (hereinafter referred to as “CITY”). This Agreement is made in accordance with existing codes and regulations and in accordance with the approved PROJECT plans and specifications on file at the CITY (hereinafter collectively referred to as “PLANS”) with respect to the following recitals: RECITALS: The Project includes a fully integrated on-site storm water management system (“SYSTEM”) as shown and described in the PLANS, portions of which are publicly owned and maintained and portions of which are privately owned and maintained. The SYSTEM is designed to minimize runoff and pollutants in runoff and to provide a permanent storm water drainage system to control, manage, retain, treat, infiltrate and dispose of (1) on-site storm drainage for the PROJECT and (2) ancillary street and site drainage from the adjoining street and sites, as stipulated in the PLANS and in the Private Stormwater Operations and Maintenance Manual on file at the CITY (hereinafter referred to as “MANUAL”). In conjunction with the approvals and development of the Project, City and Owners have established a Community Facility District (“CFD”) to fund CITY’s long-term management, maintenance, repair, and replacement of those portions of the System which are publicly owned and in the public right-of-way (“PUBLIC PORTION OF THE SYSTEM”). CITY, by and through the CFD shall manage, maintain, repair, and replace the PUBLIC PORTION OF THE SYSTEM. ARD, as a condition of City’s approval of the Project, has established, or will establish, the Avila Ranch Community Association, a nonprofit mutual benefit corporation (“ASSOCIATION”), which will be responsible for the long-term management, maintenance, repair, and replacement of those portions of the System which are privately owned and located within private property (“PRIVATE PORTION OF THE SYSTEM”). OWNERS and their successors and assigns, until such time as the Association is established and assume the obligations described herein, are solely responsible for adhering to the requirements set forth in the PLANS and MANUAL and agree to the following conditions in compliance with all local, state, federal laws and regulations and according to the PLAN and MANUAL: MAINTENANCE: OWNERS shall maintain their respective portions of the PRIVATE PORTION OF THE SYSTEM as required in the PLANS and MANUAL. MONITORING: OWNERS shall monitor their respective portions of the PRIVATE PORTION OF THE SYSTEM as required in the PLANS and MANUAL. INSPECTIONS: OWNERS shall routinely inspect their respective portions of the PRIVATE PORTION OF THE SYSTEM as required in the PLANS and MANUAL. CLEANINGS: OWNERS shall routinely clean their respective portions of the PRIVATE PORTION OF THE SYSTEM as required in the PLANS and MANUAL. REPAIRS: OWNERS shall repair their respective portions of the SYSTEM as required in the PLANS and MANUAL. DOCUMENT & REPORT: OWNERS shall document all maintenance, monitoring, inspections, cleanings, and repairs made to their respective portions of the PRIVATE PORTION OF THE SYSTEM in the annual report submitted to CITY by June 15th of each year in a format approved by CITY as detailed in the PLANS and MANUAL. CITY’S RIGHTS & AUTHORITY: Pursuant to San Luis Obispo Municipal Code section 12.08.220, CITY has the right and authority to inspect the PRIVATE PORTION OF THE SYSTEM to determine compliance with this agreement (i.e., maintenance, monitoring, inspections, cleanings, repairs, documentation, and reporting) which may result in enforcement activities and/or abatement if necessary pursuant to applicable laws and regulations. OWNERS hereby consent to CITY conducting said inspections between the hours of 8:00 a.m. through 5:00 p.m., Mondays through Fridays. This Agreement shall not be construed as precluding CITY from conducting inspections, which may be necessary due to an emergency. FAILURE TO MAINTAIN, CLEAN AND/OR REPAIR SYSTEM: Failure to maintain, monitor, inspect, clean, repair or document and report as required herein shall constitute a public nuisance. CITY may remedy such public nuisance through any of the applicable procedures as set forth in the San Luis Obispo Municipal Code, including but not limited to Chapter 1.24 and/or Chapter 12.08, and/or may pursue any other legal or equitable remedies to abate such public nuisance. INDEMNIFICATION: OWNERS further agree to defend, indemnify, protect and hold CITY and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including to OWNERS’s tenants, guests, invitees, agents or employees, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of OWNERS, and their respective agents, employees or contractors, in performing the obligations specified herein, and all expenses of investigating and defending against same; provided, however, that OWNERS’ duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers or employees. BINDING ON FUTURE OWNERS: This covenant shall run with the land and shall be binding upon the undersigned OWNERS, their heirs, executors, administrators, assigns and successors in interest. ASSIGNMENT AND ASSUMPTION. The promises, covenants and obligations described herein imposed on OWNERS, may be assigned and assumed by the ASSOCIATION or other similar entity, with the express written consent of CITY, which shall not be unreasonably withheld. Said Assignment and Assumption Agreement shall be executed by OWNERS, the ASSOCIATION, and CITY, in recordable form and recorded in the Office of the San Luis Obispo County Recorder. Upon such recordation, OWNERS shall be relieved of the promises, covenants and obligations imposed herein upon OWNERS. NOTICES: Any notice, demand, request, consent, approval or communication to OWNERS under this Agreement (hereinafter collectively referred to as “Notices”) shall be in writing and either served personally or sent by prepaid, first-class mail to the person and address set forth below. Alternately, OWNERS may elect to have Notices sent by e-mail if indicated below and an e-mail address is provided. OWNERS shall notify CITY of any change in address, e-mail, or transfer of ownership. Any notice shall be deemed to be effective five calendar days after the date mailed or, if applicable, on the same date the notice was e-mailed. Name:_ Joshua E. Peterson, President Companies: Avila Ranch Developers, Inc., a California Corporation CJ Holdings, LP Address: 2505 Alluvial Avenue City/State: Clovis, CA 93611 I agree to receive Notices by e-mail: Yes ______ No X E-mail address: ________________________________________ Name:_ John A. Bezmalinovic Companies: FG2 Holdings, LLC Avila Ranch EA, LLC; Address: 1396 W. Herndon Avenue, Suite 110 City/State: Fresno, CA 93711 I agree to receive Notices by e-mail: Yes ______ No X E-mail address: ________________________________________ 13. COUNTERPARTS: This Temporary Drainage Easement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same instrument. [Signatures Contained on Following Page] OWNERS: Avila Ranch Developers, Inc. a California Corporation By: _______________________________ Josh Peterson, President FG2 HOLDINGS, LLC, a California limited liability company By: _________________________ Neema Assemi, Manager AVILA RANCH EA, LLC, a California limited liability company By: _________________________ Neema Assemi, Manager By: _________________________ Nader Assemi, Manager CJ HOLDINGS, LP, a California limited partnership By Spyglass Real Estate, Inc., a California corporation, Its General Partner By: _________________________ Joshua Peterson, President CITY OF SAN LUIS OBISPO: Hal Hannula, Supervising Civil Engineer Engineering Development Review Community Development Department State of California } County of San Luis Obispo } On , before me, , Date Name and Title of the Officer personally appeared, , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) 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(ies), and 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. Signature Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On , before me, , Date Name and Title of the Officer personally appeared, , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) 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(ies), and 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. Signature Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On , before me, , Date Name and Title of the Officer personally appeared, , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) 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(ies), and 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. Signature Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On , before me, , Date Name and Title of the Officer personally appeared, , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) 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(ies), and 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. Signature Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On , before me, , Date Name and Title of the Officer personally appeared, , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) 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(ies), and 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. Signature Signature of Notary Public Place Notary Seal Above