25460914 - Stormwater BMP Operation and Maintenance Agreement - - Recorded 04/11/2023NC5 e z3Z.4X—CA, APR
RECORDING REQUESTED BY:
CITY OF GILROY IGILROYCITY
WHEN RECORDED MAIL DOCUMENT TO:
CITY OF GILROY
CITY CLERK
7351 ROSANNA ST
GILROY. CA 95020
RECORD AT NO FEE
6103
**This document was electronically submitted
to Santa Clara County for recording"
25460914
7 2023 Regina Alcomendras
Santa Clara County - Clerk -Recorder
ERR'S OFFICE 04/11/2023 02:08 PM
Titles:1 Pages:12
Fees: $0.00
Tax: $0
Total: $0.00
STORMWATER BMP
OPERATION AND MAINTENANCE AGREEMENT
THIS STORMWATER BMP OPERATION AND MAINTENANCE AGREEMENT ("AGREEMENT") is made
and entered into this 27th day of March 2023, by and between the City of Gilroy ("CITY") and Gilroy
Industrial Owner, LLC("OWNER").
RECITALS:
This AGREEMENT is made and entered into with reference to the following facts:
A. The CITY is authorized and required to regulate and control the disposition of storm and surface
waters as set forth in the CITY's National Pollutant Discharge Elimination System permit.
B. The OWNER is the owner of a certain tract or parcel of land more particularly described in Exhibit
"A" attached hereto (the "PROPERTY").
C. The OWNER desires to construct certain improvements of the kind or nature described in the
Post Construction Storm Water Pollution Prevention Ordinance, Gilroy City Code Chapter 27D (the
"ORDINANCE") on the PROPERTY that may alter existing stormwater conditions on both the
PROPERTY and adjacent lands.
D. To minimize adverse impacts due to these anticipated changes in existing storm and surface
water flow conditions, the OWNER is required by the CITY to implement Best Management Practices
("BMPs") and to build and maintain, at OWNER's expense, stormwater management facilities
("FACILITIES"), more particularly described and shown in the Stormwater Management Plan prepared by
Kier & Wright Civil Engineers and dated 01105/2023 for the Cameron Blvd Project, located at the
following address 6503 Cameron Boulevard. Plans and any amendments thereto, are on file with the
Public Works Department of the City of Gilroy, California, and are hereby incorporated by reference.
E. The CITY has reviewed and approved the Stormwater Runoff Management Plan subject to the
execution of this AGREEMENT.
NOW, THEREFORE, in consideration of the benefit received and to be received by the OWNER,
its successors and assigns, as a result of the CITY'S approval of the Stormwater Runoff Management
Plan, the OWNER, hereby covenants and agrees with the CITY as follows:
Covenants Running With the Land: Property Subject to Agreement: All of the real property
described in Exhibit "A" shall be subject to this AGREEMENT. It is intended and determined that
the provisions of this AGREEMENT shall run with the land and shall be binding on all parties
having or acquiring any right, title or Interest in the real property described in Exhibit "A"
("PROPERTY") or any portion thereof and shall be for the benefit of each owner of any of said
parcels or any portion of said property and shall inure to the benefit of and be binding upon each
successor in interest of the owners thereof. Each and all of the limitations, easements,
obligations, covenants, conditions, and restrictions contained herein shall be deemed to be, and
shall be construed as equitable servitudes, enforceable by any of the owners of any of the
property subject to this AGREEMENT against any other Owner, tenant or occupant of the said
property, or any portion thereof.
4848-8399aOM
WAKHARIA1o4706091
NCS �jZ3ZCCC-14-
RECORDING REQUESTED BY:
RECQRDED
CITY OF GILROY
ELECTRONICALLY
ORIGINAL
�.
WHEN RECORDED MAIL DOCUMENT TO:
CITY OF GILROY
'
CC�CD�D
CITY CLERK
�C
�?
7351 ROSANNAST
GILROY, CA 95020
APR 17 2023
RECORD AT NO FEE
PER GOVERNMENT CODE SECTION 6103
GILROY MY CLERICS OFFICE
APN: 841- 17-107,108, 110, 111
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
STORMWATER BMP
OPERATION AND MAINTENANCE AGREEMENT
THIS STORMWATER BMP OPERATION AND MAINTENANCE AGREEMENT ("AGREEMENT") is made
and entered into this 27th day of March 2023, by and between the City of Gilroy ("CITY") and Gilroy
Industrial Owner, LLC("OWNER").
1:1x1iYL1163
This AGREEMENT is made and entered into with reference to the following facts:
A. The CITY is authorized and required to regulate and control the disposition of storm and surface
waters as set forth in the CITY's National Pollutant Discharge Elimination System permit.
B. The OWNER is the owner of a certain tract or parcel of land more particularly described in Exhibit
"A" attached hereto (the "PROPERTY").
C. The OWNER desires to construct certain improvements of the kind or nature described in the
Post Construction Storm Water Pollution Prevention Ordinance, Gilroy City Code Chapter 27D (the
"ORDINANCE") on the PROPERTY that may alter existing stormwater conditions on both the
PROPERTY and adjacent lands.
D. To minimize adverse impacts due to these anticipated changes in existing storm and surface
water flow conditions, the OWNER is required by the CITY to implement Best Management Practices
("BMPs") and to build and maintain, at OWNER's expense, stormwater management facilities
("FACILITIES"), more particularly described and shown in the Stormwater Management Plan prepared by
Kier & Wright Civil Engineers and dated 01/05/2023 for the Cameron Blvd Project, located at the
following address 6503 Cameron Boulevard. Plans and any amendments thereto, are on file with the
Public Works Department of the City of Gilroy, California, and are hereby incorporated by reference.
E. The CITY has reviewed and approved the Stormwater Runoff Management Plan subject to the
execution of this AGREEMENT.
NOW, THEREFORE, in consideration of the benefit received and to be received by the OWNER,
its successors and assigns, as a result of the CITY'S approval of the Stormwater Runoff Management
Plan, the OWNER, hereby covenants and agrees with the CITY as follows:
Covenants Running With the Land: Property Subiect to Agreement: All of the real property
described in Exhibit "A" shall be subject to this AGREEMENT. It is intended and determined that
the provisions of this AGREEMENT shall run with the land and shall be binding on all parties
having or acquiring any right, title or interest in the real property described in Exhibit "A"
("PROPERTY") or any portion thereof and shall be for the benefit of each owner of any of said
parcels or any portion of said property and shall inure to the benefit of and be binding upon each
successor in interest of the owners thereof. Each and all of the limitations, easements,
obligations, covenants, conditions, and restrictions contained herein shall be deemed to be, and
shall be construed as equitable servitudes, enforceable by any of the owners of any of the
property subject to this AGREEMENT against any other Owner, tenant or occupant of the said
property, or any portion thereof.
4848-8399-0806v2
MVAKHARIAT4706091
2. Responsibility for Installation, Operation and Maintenance: At their sole expense, the OWNER,
its successors and assigns, shall construct, operate and perpetually maintain the FACILITIES in
strict accordance with the Stormwater Runoff Management Plan and any amendments thereto
that have been approved by the CITY or the ORDINANCE. BMP areas are shown in EXHIBIT B.
Facility Modifications: At their sole expense, the OWNER, its successors and assigns, shall
make such changes or modifications to the FACILITIES as may be determined as reasonably
necessary by the CITY to ensure that the FACILITIES are properly maintained and continue to
operate as originally designed and approved. OWNER agrees that it shall not modify BMPs and
shall not allow BMP maintenance activities to alter the designed function of the FACILITIES from
its original design unless approved by the city prior to the commencement of the proposed
modification or maintenance activity.
4. Facility Inspections by the CITY: At reasonable times and in a reasonable manner as provided in
the ORDINANCE, the CITY, its agents, employees and contractors, shall have the right of
ingress and egress to the FACILITIES and the right to inspect the FACILITIES in order to ensure
that the FACILITIES are being properly maintained, are continuing to perform in an adequate
manner and are in compliance with the ORDINANCE, the Stormwater Runoff Management Plan
and any amendments thereto approved by the City.
5. Failure to Perform Reauired Facility Repairs or Modifications: If the OWNER fails to implement
the BMPs, maintain the facilities or correct any defects in the FACILITIES in accordance with the
approved design standards and/or the Stormwater Runoff Management Plan and in accordance
with the law and applicable regulations of the ORDINANCE, the authorized enforcement officer,
described in Gilroy City Code 27D.2, can give a 30 day written notice to correct the violation. If
the OWNER fails to correct the violations within the 30 days as specified in the notice of violation,
the CITY shall have the right to enter the PROPERTY to abate the nuisance and then recover
costs from OWNER pursuant to Gilroy City Code 27D.17.
In the event that maintenance or repair is neglected, or the FACILITIES become an immediate
danger to public health or safety, the City shall have the authority to perform maintenance and/or
repair work with 24 hours written notice. Whenever the City completes remedial work or
maintenance, the City will collect reimbursement for the costs of the work from the OWNER,
pursuant to Gilroy City Code 27D.18. The City is under no obligation to maintain or repair the
BMP, and this Agreement may not be construed to impose any such obligation on the City.
Additionally, conditions from failure to implement the BMPs or to maintain or repair the
FACILITIES shall be deemed a public nuisance subject to all procedures, abatement of such
conditions and remedies as provided in Chapter 27D of the Gilroy City Code. In addition, the
CITY may pursue such other remedies as provided by law, including, but not limited to, such civil
and criminal remedies set forth in the ORDINANCE.
Indemnity: The OWNER, its successors and assigns, shall defend, indemnify, and hold the CITY
harmless of and from any and all claims, liabilities, actions, causes of action, and damages for
personal injury and property damage, including without limitation reasonable attorneys' fees or
costs and court costs, arising out of or related to the OWNER'S, its successors' and/or assigns'
construction, operation or maintenance of the BMPs FACILITIES except claims, liabilities,
actions, causes of action, and damages that arise out of the CITY's sole negligence or willful
misconduct or the sole negligence or willful misconduct of any of the CITY'S employees, agents,
representatives, contractors, vendors, or consultants.
7. Obligations and Responsibilities of OWNER: Initially, the OWNER is solely responsible for the
performance of the obligations required hereunder and, to the extent permitted under applicable
law, the payment of any and all fees, fines, and penalties associated with such performance or
failure to perform under this AGREEMENT. Notwithstanding any provisions of this AGREEMENT
to the contrary, upon the recordation of a deed or other instrument of sale, transfer or other
conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third party
(the "Transferee"), the OWNER shall be released of all of its obligations and responsibilities under
this AGREEMENT accruing after the date of such Transfer to the extent such obligations and
responsibilities are applicable to that portion of the PROPERTY included in such Transfer, but
such release shall be expressly conditioned upon the Transferee assuming such obligations and
responsibilities by recorded written agreement for the benefit of the CITY. Such written
4848-8399-0806v2
WAKHARIM04706091
agreement may be included in the Transfer deed or instrument, provided that the Transferee joins
in the execution of such deed or instrument. A certified copy of such deed, instrument or
agreement shall be provided to the CITY. The provisions of the preceding three sentences shall
be applicable to the original COVENANTOR and any successor Transferee who has assumed
the obligations and responsibilities of the COVENANTOR under this AGREEMENT as provided
above.
Pursuant to Gilroy City Code Section 27D.10, owners with structural BMPs on their property shall
complete two annual inspections per year that meet the following parameters:
(a) The property owner(s) shall be responsible for having all storm water management facilities
inspected for condition and function by a certified qualified storm water practitioner (QSP).
(b) Storm water facility inspections shall be done at least twice per year, once in fall, in
preparation for the wet season, and once in winter. Written records shall be kept of all
inspections.
Pursuant to City Code Section 27D.11 the property owner shall provide the City with their records
of inspections, maintenance and repair.
Inspection results and follow-up shall be provided to the City in report format using the City's BMP
Inspection Report template. Inspections shall include all applicable field observations required for
the specific BMP type as described in the Best Management Practices Rapid Assessment
Methodology (BMP RAM) Field Protocols document.
8. Property Transfer: Nothing herein shall be construed to prohibit a transfer by the OWNER to
subsequent owners and assigns.
9. Attorneys' Fees: In the event that any party institutes legal action against the other to interpret or
enforce this AGREEMENT, or to obtain damages for any alleged breach hereof, the prevailing
party in such action shall be entitled to reasonable attorneys' fees in addition to all other
recoverable costs, expenses and damages.
10. Further Documents: The parties covenant and agree that they shall execute such further
documents and instructions as shall be necessary to fully effectuate the terms and provisions of
this AGREEMENT.
11. Entire Agreement: This AGREEMENT constitutes the entire agreement of the parties with
respect to the subject matter contained herein and supersedes all prior agreements, whether
written or oral. There are no representations, agreements, arrangements, or undertakings, oral or
written that are not fully expresses herein.
12. Severability: In the event any part or provision of this AGREEMENT shall be determined to be
invalid or unenforceable under the laws of the State of California, the remaining portions of this
AGREEMENT that can be separated for the invalid, unenforceable provisions shall, nevertheless,
continue in full force and effect.
13. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a continuing
waiver of the same or any other covenant contained herein.
14. Amendment: This AGREEMENT may be amended in whole or in part only by mutual written
agreement. Any such amendment shall be recorded in Santa Clara County, California. In the
even any conflict arises between the provisions of any such amendment and any of the
provisions of any earlier document or documents, the most recently duly executed and recorded
amendment shall be controlling.
15. Termination: In the event that the CITY shall determine at its sole discretion at any future time
that the FACILITIES are no longer required, then at the written request of the OWNER, its
successors and/or assigns, the city shall execute a release of this AGREEMENT which the
OWNER, it successors and/or assigns, shall record in the Clerk's Office, at its/their expense.
16. Successors and Assigns: The covenants of the OWNER set forth in numbered Sections 1
through 15 above shall run with the land, and the burdens thereof shall be binding upon each and
4848-8399-0806v2
WAKHARIM04706091
every part of the property and upon the OWNER, its successors and assigns in ownership (or any
interest therein), for the benefit of Stormwater BMP Facility and each and every part thereof and
said covenants shall inure to the benefit of and be enforceable by the City, its successors and
assigns in ownership of each and every part of the Street and storm drains.
Executed the day and year first above written.
(OWNER) Gilroy Industrial Owner, LLC
By:
Name: Joseph A. McCarthy"' .
Title: Vice President
Owner Address: 210 Almendra Avenue Los Gatos, Ca 95030
Phone: 408-356-2300
Email: joeym@mccarthyranch.com
Property Address: 6503 Cameron Boulevard Gilroy, Ca 95020
(Notary acknowledgment to be attached)
4848A399-0806v2
WAKHARIAT4706091
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF S A NTA C. C_ U-A ss.
On 9, 2-u L3 , before me, ojJ Z Notary
Public, personally appeared'Ja xP* A • me c ��z, u t1, 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.
/ (Seal)
(STg a re)
R. BRACAMONTE�
Comm. No. 2296831 a
m,,; NOTARY PUBLIC -CALIFORNIA v
�.-. SANTA CLARA COUNTY
�' My Comm. Expires July 13.2023 '
CITY OF 11 OY
By: �
Name: Hioolito Olmos
Title: Building Official
4848-8399-0806, v. 2
484H399-0806v2
1AVAKHARIAT4706091
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF Sctn�n C la1'a
On �rt I St Zb23 , before me, Sandra e • Nava , Notary
Public, personally appeared ki pn I t+o Qlmo5 , who proved to me on the basis of
satisfactory evidence to be the person(21 whose name($) is/pt'e subscribed to the within instrument
and acknowledged to me that he�e/*y executed the same in his/W/their authorized
capacity(kg), and that by his/*/their signature(s) on the instrument the person(a'), or the entity
upon behalf of which the person 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. SANGIU E. NAva
Notary Public • California
�/J ' c Santa Clara County
Commissions Nov 11,E
(Seal) wy Comm. Expires Nov 11, 2026
(Signature)
DOC #25399099 Page 6 of 8
Junc 07, 2022
Project Nu. A21673
Page 1 of 2
EXHIBIT "A"
LOT LINE ADJUSTMENT
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF GILROY, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1
BEING A PORTION OF LOTS 8, 9, & 110F TRACT 9570, FILED FOR RECORD ON AUGUST 30, 2006
IN BOOK 805 OF MAPS AT PAGE 29, OFFICIAL RECORDS OF SANTA CLARA COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF CAMERON
BOULEVARD (80 FEET WIDE), SAID POINT BEING THE NORTHERN MOST CORNER OF SAID LOT 8
(805 M 9);
THENCE ALONG SAID CAMERON BOULEVARD AND THE NORTHWESTERLY LINE OF VENTURE
WAY (48 FEET WIDE), THE FOLLOWING SIX (6) COURSES:
1. ALONG THE ARC OF A 1077.00 FOOT RADIUS NON -TANGENT CURVE TO THE LEFT,
WHOSE CENTER POINT BEARS NORTH 63° 51' 17" EAST, THROUGH A CENTRAL ANGLE
OF 05° 55' 25", ARC DISTANCE OF 111.35 FEET,
2. SOUTH 32° 04' 08" EAST, 764.95 FEET,
3. ALONG THE ARC OF A 41.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL
ANGLE OF 900 00' 00", AN ARC DISTANCE OF 64.40 FEET,
4. SOUTH 570 55'52" WEST, 10.78 FEET,
5. ALONG THE ARC OF A 676.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL
ANGLE OF 17" 58' 48", AN ARC DISTANCE OF 212.14 FEET TO A POINT OF REVERSE
CURVATURE,
6. ALONG THE ARC A 928.50 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL
ANGLE OF 210 25' 29", AN ARC DISTANCE OF 347.19 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE OF VENTURE WAY, AND ALONG THE FOLLOWING
THREE (3) COURSES:
1. NORTH 320 03' 39" WEST, 352.54 FEET,
2. NORTH 570 55' S2"EAST, 60.07 FEET,
3. NORTH 320 04' 08"WEST, 422.82 FEET; TO THE NORTHWESTERLY LINE OF THE
AFOREMENTIONED LOT 8 (805 M 9);
THENCE ALONG THE SAID NORTHWESTERLY LINE, NORTH 51" 10' 00" EAST, 552.34 FEET TO THE
POINT OF BEGINNING.
CONTAINING 480,792 SQUARE FEET, OR 11.0375 ACRES, MORE OR LESS.
PARCEL 2
BEING A PORTION OF LOTS 8, 9, 10, & 110F TRACT 9570, FILED AS BOOK 80S OF MAPS, PAGE
29-35, IN THE OFFICE OF SANTA CLARA COUNTY RECORDS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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EXHIBIT B - BMP Facilities & Responsibilities Map
RESPONSIBILITY
CHART
BMP FACILITY NUMBER
DESCRIPTION
MAINTENANCE RESPONSIBILITY
OWNER CONTACT INFO
BMP 1
Biotreatement Pond
OWNER
Owner Name: Gilroy Industrial Owner, LLC.
BMP 2
Biotreatement Pond
OWNER
Owner Mailing Address:
210 Almendra Avenue
Los Gatos, Ca 95030
BMP 3
Biotreatement Pond
OWNER
BMP 4
Biotreatement Pond
OWNER
BMP 5
Biotreatement Pond
OWNER
Emergency 24-Hr Contact Info:
(408) 356-2300
BMP 6
Biotreatement Pond
OWNER
BMP 7
Biotreatement Pond
OWNER
Owner Phone Number:
(408) 356-2300
BMP 8
Biotreatement Pond
OWNER
BMP 8
Biotreatement Pond
OWNER
Owner Email Address:
ioeym@mccarthyranch.com
BMP 9
Biotreatement Pond
OWNER
BMP 10
Biotreatement Pond
OWNER
*See next sheet for site map and summary tables.
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CITY OF GILROY, CALIFORNIA
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