Gilroy 55 Lots, LLC - Stormwater BMP Operation and Maintenance AgreementM-
RECORDING REQUESTED BY: 23589167
Regina Alcomendras
CITY OF GILROY Santa Clara County - Clerk- Recorder
02/24/2017 03:00 P11
WHEN RECORDED MAIL DOCUMENT TO: Titles: 1 Pages: 7
Fees: 0.00
CITY OF GILROY Taxes: Jo
Total: 0.00 u W
CITY CLERK ,III ermp jlk14 `p,l1 li� JITWn ilia& 11111
7351 ROSANNA ST ' r iill'TPllSS , +IY �r � If lrli �
GILROY, CA 95020
RECORD AT NO FEE
PER GOVERNMENT CODE SECTION 6103
APN: 783 -16 -026 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 5th day of December _,2016 , by and between the
City of Gilroy ( "CITY ") and GILROY 55 LOTS, LLC ( "DEVELOPER ").
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 DEVELOPER is developing a certain tract or parcel of land more particularly described in
Exhibit "A" attached hereto (the "PROPERTY ").
C. The DEVELOPER 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 DEVELOPER is required by the CITY to implement Best Management
Practices ( "BMPs ") and to build and maintain, at DEVELOPER's expense, stormwater management
facilities ( "FACILITIES "), more particularly described and shown in the Stormwater Runoff Management
Plan prepared for Tract 10230 - Silveira by Ruggeri- Jensen -Azar and dated September 2014, which 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
DEVELOPER, its successors and assigns, as a result of the CITY'S approval of the Stormwater Runoff
Management Plan, the DEVELOPER, 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
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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 DEVELOPER subject to this
AGREEMENT against any other owner, tenant or occupant of the said property, or any portion
thereof.
2. Responsibility for Installation. Operation and Maintenance: At its sole expense, the
DEVELOPER, 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 and /or the ORDINANCE.
3. Facility Modifications: At its sole expense, the DEVELOPER, 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. DEVELOPER 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 Required Facility Repairs or Modifications: If the DEVELOPER 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 thirty (30) day written notice
to correct the violation. If the DEVELOPER fails to correct the violations within the thirty (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 DEVELOPER 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 twenty -four (24) hours written notice to DEVELOPER. Whenever the CITY
completes remedial work or maintenance, the CITY will collect reimbursement for the costs of the
work from the DEVELOPER, 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.
6. Indemnity: The DEVELOPER, 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
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for personal injury and property damage, including without limitation reasonable attorneys' fees or
costs and court costs, arising out of or related to the DEVELOPER'S, its successors' and /or
assigns' construction, operation or maintenance of the BMP 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.
Obligations and Responsibilities of DEVELOPER: Initially, the DEVELOPER 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 DEVELOPER 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 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.
8. Property Transfer: Nothing herein shall be construed to prohibit a transfer by the DEVELOPER 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.
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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 DEVELOPER, its
successors and /or assigns, the CITY shall execute a release of this AGREEMENT which the
DEVELOPER, it successors and /or assigns, shall record in the Clerk's Office, at its /their expense.
16. Successors and Assigns: The covenants of the DEVELOPER set forth in numbered Sections 1
through 15 above shall run with the land, and the burdens thereof shall be binding upon each and
every part of the property and upon the DEVELOPER, its successors and assigns in ownership
(or any interest therein), for the benefit of Day Road, Puma Way, Jaguar Place, Lynx Place,
Bobcat Court, Ocelot Place, Puma Way where public storm main is connected and its storm
drains 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.
Gilroy 55 Lots, C
By: 11
Name: Cyr
Title:
(Notary acknowledgment to be attached)
CITY OF GILROY
By: 6�
G, G�C._-
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Name: Rtek- s'metsff sT�
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Title: City Engineer
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MVAKHARIA104706091
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•
• ORDER NO.: 0621005296 JW
HIBIT A
The sand referred to is situated In the County of Santa Clara, City of Gilroy, State of Califomia,
and l§ described as follows:
All of'Parcel Two, as shown upon that certain Map entFded, "Parcel Map which Map was filed
for record in the Office of the Reorder of the County of Santa tiara, State of California, on
February 12, 2009 in Book 830 of Maps, at page(s) 21.
APN: 783=16 -026
Page 1 of 1 -
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
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 Alameda )
On December 22, 2016 before me, Yolanda Lovato Salsedo , Notary Public
Dersonallv aooeared GARY L. GALINDO
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.
Commission # 2117825
Notary Public • CalNornis
Alameda County
Comm. Expires Jul 29.2L
Signature
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 SOW 4
On la Y1uAry Z5� 2a 11 before me, Sarld r'a E. /ya ✓q A4Y G
Date Here Insert Name and Title of th Officer
personally appeared f I S+ i f}. A rQ M S
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name is /a>e
subscribed to the within instrument and acknowledged to me that he /,sj*/ y executed the same in
his /j4r /thef authorized capacity(', and that by his /I4r /their signature() on the instrument the persono,
or the entity upon behalf of which the person(,$) acted, executed the instrument.
SANM E. NAVA
Commission #t 2086119 z
< -� Notary Public - California z
i Santa Clara County
Mv Comm. Expires Nov 11, 2018
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 E. / &ym-'
Signature of Notary Public
Place Notary Seal Above
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Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached DocumentQ; �iir,an c� r4eMer fi
Title or Type of Document: Sttrihv,+er IF Dorre Tien a,,d Document Date: 12ectr4tr 51. 206
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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