Storm Water Management Facilities Maintenance Agreement 2016-0088484RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
APN: 317 - 490 -66, 317 - 490 -73
DOC# 2016- 0088484
III 111111 IIII 111111 III II I I.III I III II
Feb 29, 2016 04:59 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
PAGES. 11
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Perry Ford 12740 Poway Road
(G13-0001)
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency)
This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is
entered into between the Property Owner(s) the Faulk Trust (hereinafter referred to collectively as
"OWNER ") and the City of Poway (hereinafter referred to as "CITY ") for the benefit of the CITY, the
OWNER, the successors in interest to the CITY or the OWNER, and the public generally.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California,
more particularly described in Exhibit "A" hereto (hereinafter referred to as the "PROPERTY "), which
is a redevelopment of an existing automobile dealership, in accordance with applications for
Conditional Use Permit 12 -003, Development Review 12 -003, and Grading Permit No. G13 -00011
which are on file with the CITY. This Agreement is required as a condition of approval for such
development.
WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation Plan,
Poway Municipal Code, Chapter 16, Division VI (the "SUSMP Ordinance "), the City of Poway
Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance
and /or other ordinances or regulations of CITY which regulate land development and urban runoff,
OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the
following Storm Water Management Facilities which are identified as "Best Management Practices" or
"BMPs ":
Two flow- through planters located in the parking lot southwest of the new structure, storm
drain stenciling at project outfalls, and permeable pavement areas located throughout the
project site, all as shown on the approved grading plans.
The precise location(s) and extent of the BMPs are indicated in the Water Quality Technical Report for
Perry Ford Grading Plans, dated July 30, 2013 and the approved grading plans on file with CITY's
Development Services Department as G13 -0001. The manner and standards by which the BMPs
must be repaired and maintained in order to retain their effectiveness are as set forth in the Operation
and Maintenance Plan (hereinafter "O &M PLAN "), which is attached hereto and incorporated herein
as Exhibit "B ".
I b-0► 0
WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by
CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure
that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and
the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be
enforceable notwithstanding other provisions related to BMP maintenance that are provided by law.
NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications
and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS:
Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its
successors in interest, to all or any portion of the PROPERTY, to comply in all respects with
the requirements of the SUSMP Ordinance with regards to the maintenance of BMPs, and in
particular agrees to perform, at its sole cost, expense and liability, the following
"MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance and
other actions specified in the O &M PLAN, with respect to all of the BMPs listed above, at the
times and in the manner specified in the O &M PLAN. OWNER shall keep records of this
maintenance and provide copies of such records and annual certification of maintenance as
requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE
ACTIVITIES at the required time, without request or demand from CITY or any other agency.
OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or
modification of the BMPs in the event of failure. Replacement shall be with an identical type,
size and model of BMP, except that:
(a) The City Engineer may authorize substitution of an alternative BMP if he or she
determines that it will be as effective as the failed BMP; and
(b) If the failure of the BMP, in the judgment of the City Engineer, indicates that the BMP in
use is inappropriate or inadequate to the circumstances, the BMP must be modified or
replaced with a more effective BMP to prevent future failure in the same or similar
circumstances.
2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on
which any of the above BMPs are located, or any lot or portion of the PROPERTY which is
served by the above BMPs, and also prior to transferring ownership of any such BMP, provide
clear written notice of the above described maintenance obligations to the transferee.
3. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the
obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's
sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall
be conducted in accordance with the nuisance abatement procedures set forth in Poway
Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be
performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is
recognized and understood that the CITY makes no representation that it intends to or will
perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of
the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing
maintenance obligations under this agreement. If CITY elects to perform any of the
MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the
agent of the OWNER and said work shall be without warranty or representation by CITY as to
safety or effectiveness, shall be deemed to be accepted by OWNER "as is ", and shall be
covered by OWNER's indemnity provisions below.
If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that
OWNER perform the same and OWNER has failed to do so within a reasonable time stated in
the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the
SWMFMA Page 2
MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's
costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to
.pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the
property or properties of the responsible parties pursuant to the procedures set forth in Poway
Municipal Code Chapter 8.72.
4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over,
under and across all of the PROPERTY, for purposes of accessing the BMPs, inspecting the
BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1
above. CITY shall have the right, at any time and without prior notice to OWNER, to enter
upon any part of said area as may be necessary or convenient for such purposes. OWNER
shall at all times maintain the PROPERTY so as to make CITY's access clear and
unobstructed.
5. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the
officer charged with responsibility and authority to administer this Agreement on behalf of
CITY. Any notice or communication to the City related to the implementation of this
Agreement shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in
interest shall defend and indemnify CITY and the employees and agents of CITY (collectively
"CITY PARTIES "), against any and all claims, demands, liability, judgments, awards, fines,
mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs
of any kind or character, including attorneys' fees and court costs (hereinafter collectively
referred to as "CLAIMS "), related to this Agreement and arising either directly or indirectly from
any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors,
licensees, agents, servants or employees, including, without limitation, claims caused by the
concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES.
OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a
claim if it is determined by a court of competent jurisdiction that such claim was caused by the
sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's
approval of the development application or plans and specifications, or inspection of the work
is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have
absolutely no responsibility or liability therefore unless otherwise provided by applicable law.
7. Allocation of Costs. Following the sale or transfer of any of the individual residential lots by
OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be
divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and
successors in interest. This requirement shall be binding on all lot owners in the subdivision,
and each shall be responsible for his or her equal share of the cost associated with the
maintenance.
8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and
agreed that the terms, covenants and conditions herein contained shall constitute covenants
running with the land and shall be binding upon the heirs, executors, administrators,
successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all
persons owning any interest in the PROPERTY (including the interest of CITY or its
successors in the easement granted herein). It is the intent of the parties hereto that this
Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise
SWMFMA Page 3
acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have
consented to and become bound by all the provisions hereof.
9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained.
Notwithstanding any other provision of this Agreement, no transfer or conveyance of the
PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect
OWNER's responsibilities for installation or maintenance of BMPs which may have arisen
under the ordinances or regulations of CITY referred to in this Agreement, or other federal,
state or CITY laws, on account of OWNER having obtained a permit which creates such
obligations or having commenced grading, construction or other land disturbance work.
10. Amendment and Release. The terms of this Agreement may be modified only by a written
amendment approved and signed by the Director of Development Services acting on behalf of
CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be
terminated and OWNER and the PROPERTY released from the covenants set forth herein, by
a release, which CITY may execute if it determines that another mechanism will assure the
ongoing maintenance of the BMPs or that it is no longer necessary to assure such
maintenance.
11. Governing Law and Severability. This Agreement shall be governed by the laws of the
State of California. Venue in any action related to this Agreement shall be in the Superior
Court of the State of California, County of San Diego. OWNER hereby waives any right to
remove any such action from San Diego County as is otherwise permitted by California Code
of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are
held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and
enforceability of the remaining provisions shall not be affected thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
OWNER: Falk Trust
P rry J. F Ik, Trustee
Deborah Falk, Trustee
CITY OF POWAY:
— I Id. 'y /—/ , , C
Rob rt J. Manis
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
/" 6A
Morga L. F le , Cit ttorney
Date: 2 14 c
Date: q11 A(
APPROVED AS TO CONTENT
Engineering Division
even Crosby, P.E.
City Engineer
SWMFMA Page 4
ACKNOWLEDGMENT
State of California
County of >y� �1��jC' )
On �'ZCP ZCJ��'� before me, W\RVC1 \n �jCA" ( l 6 C�JOVC1YC��,h��`,
(insert name and title of the officer)
personally appeared VC�\\= ANA OebygCAV\ lFcAk-
who proved to me on the basis'-bf 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
4 MARALIN GARCIA
• Commission #t 2030931
=: Notary Public - California i
r San Diego County
My Comm. Expires Jun 25, 2017 j
(Seal)
CERTIFICATE OF ACCEPTANCE
(Storm Water Management
Facilities Maintenance Agreement)
TtiF CO
Y IN T HE
This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of
Easement described in Item 4 of the attached document dated: February 12, 2014, from the Faulk
Trust to the City of Poway, a political corporation and /or governmental agency, is hereby accepted by
the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by
Resolution No. 34 adopted on January 20, 1981.
Dated: 'i'l . ''201('
Seal:
CITY OF POWAY
By: 'n'1
L Sheila R. Cobian, CkAC
City Clerk
SWMFMA Page 5
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 4078, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 12, 1975 AS FILE NO. 75- 248313, OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 4078, FILED IN THE OFFICE OF THE
COUNTY RECORDER SEPTEMBER 12, 1975 AS FILE NO. 75- 248313, OFFICIAL RECORDS, BEING
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOW:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3 OF PARCEL MAP NO. 4078;
THENCE ALONG THE NORTHERLY LINE THEREOF, SOUTH 88 °03'51" EAST, 130.46 FEET;
THENCE SOUTH 1 056'09" WEST, 38.00 FEET; THENCE SOUTH 29 138'43" EAST, 96.63 FEET TO A
POINT ON THE NORTHWESTERLY RIGHT OF WAY OF ROAD SURVEY NO. 1713, KNOWN AS
POWAY ROAD, SAID POINT BEING ON A 1,150.00 FOOT RADIUS CURVE,CONCAVE
SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE, FROM A TANGENT BEARING
SOUTH 60 021'17" WEST, THROUGH A CENTRAL ANGLE OF 5 °0029 ", A DISTANCE OF 100.52
FEET; THENCE NORTH 41 °35'53" WEST, 142.05 FEET; THENCE NORTH 1 156'09" EAST, 73.65
FEET TO THE POINT OF BEGINNING.
APN: 317 - 490 -66 -00 and 317- 490 -73 -00
EXHIBIT `B'
Operation and Maintenance Manual
I. Flow through planter
FLOW THROUGH PLANTER
NO SCALE
Note: for flow through planter locations, see attached `BMP Locations" exhibit.
The operation and maintenance needs for flow through planters are as follows:
• Use of fertilizers in all landscaping area and application of pesticides outside should be
limited and they should not be applied during times of likely rainfall to avoid discharge
into stormwater runoff. Fertilizing of all landscaping should be avoided during the rainy
season.
• Inspect that irrigation system covering all on -site landscaping is adjusted correctly. For
instance, sprinkler heads are pointed in the correct direct and are spraying to adequate
coverage without overspray. Additionally, inspect irrigation system leaks. Finally, check
that the irrigation system is providing enough. water to keep the landscaping in a healthy
condition without over watering. The time and subsequent amount water required for
adequate irrigation of the landscaping varies depending on the season and the irrigation
timer must be adjusted accordingly. (inspect weekly)
• If grass used in any landscaping areas, periodic mowing is necessary. Grass clippings and
any other pruned vegetation must be disposed of properly in accordance with all
applicable regulations. Clipping and pruned material must not be discharged into
stormwater runoff. Please use composting of clipping whenever possible (weekly
depending on growth)
• Regular inspection for healthy growth, signs of erosion and adequate drainage (monthly
and after each storm event)
• Periodically inspect the site signs of erosion and sediment discharge. Correct problems
immediately (monthly or after each storm event). If sediment build up is visually
noticeable, till and mix into soil or remove and dispose of sediment and replenish soil to
pre- sedimentation conditions (before and after rain events).
DROUGHT - TOLERANT
PLANTING
MAX. I
W.L. i
PERVIOUS_
LOAMY
480.00' 1
PAVING
SAND
11
PROPOSED
'r
g^ 1
RETAINING
-1
WALL
PROPOSED
RETAINING -
WALL
1.5' MI
L EXISTING
I
SIDEWALK
IMPERMEABLE
GEOTEXTILE -�
1
LAYER
_
L TOP OF SOIL
BOTTOM
��
479.50'
476.50'
CLASS 2 AGGREGATE BASE PER
68 -1.025 OF CALTRANS
6 "0 PVC
SPECIFICATIONS
PERFORATED
PIPE
FLOW THROUGH PLANTER
NO SCALE
Note: for flow through planter locations, see attached `BMP Locations" exhibit.
The operation and maintenance needs for flow through planters are as follows:
• Use of fertilizers in all landscaping area and application of pesticides outside should be
limited and they should not be applied during times of likely rainfall to avoid discharge
into stormwater runoff. Fertilizing of all landscaping should be avoided during the rainy
season.
• Inspect that irrigation system covering all on -site landscaping is adjusted correctly. For
instance, sprinkler heads are pointed in the correct direct and are spraying to adequate
coverage without overspray. Additionally, inspect irrigation system leaks. Finally, check
that the irrigation system is providing enough. water to keep the landscaping in a healthy
condition without over watering. The time and subsequent amount water required for
adequate irrigation of the landscaping varies depending on the season and the irrigation
timer must be adjusted accordingly. (inspect weekly)
• If grass used in any landscaping areas, periodic mowing is necessary. Grass clippings and
any other pruned vegetation must be disposed of properly in accordance with all
applicable regulations. Clipping and pruned material must not be discharged into
stormwater runoff. Please use composting of clipping whenever possible (weekly
depending on growth)
• Regular inspection for healthy growth, signs of erosion and adequate drainage (monthly
and after each storm event)
• Periodically inspect the site signs of erosion and sediment discharge. Correct problems
immediately (monthly or after each storm event). If sediment build up is visually
noticeable, till and mix into soil or remove and dispose of sediment and replenish soil to
pre- sedimentation conditions (before and after rain events).
• Inspect parking areas, trash storage areas and all other outside areas of the site for trash,
debris and other pollutant. Remove all pollutants and dispose of properly according to
type and applicable regulations. (Daily)
• Periodic elimination of gopher and other rodents burrows which may cause loosening of
the soil and erosion of sediments (monthly)
• Inspection for the need of removal and replanting of dead or unhealthy plants to fill all
bare areas (every three months)
• Add more mulch as it breaks down to maintain at least 3" of depth (every six months)
II Sump Pump
Note: for sump pump location, see attached `BMP Locations" exhibit.
The operation and maintenance needs of the sump pump are as follows; in addition of the items
below, this sump pump will need to be inspected and maintained per manufacture's
recommendations:
• After each storm event, the catch basin holding the sump pump should be inspected. If
the sump pump is functioning properly, there should not be standing water in and around
the pump a few hours after a rain event. If standing water remains, check to see the catch
basin to the pump is not clogged at either its inlet or outlet. Then verify that the pump
motor is running, if it is not there may be a mechanical or electrical problem with the
unit. Please contact a qualified repair person in this instance. If the catch basin is
unclogged and the pump unit itself is working, the force line may be clogged. Please
contact a qualified plumber in this instance.
• Semiannually, proper functioning of the pump can be assessed by filling the catch basin
with a hose and assuring the sump pump clears this water quickly. If the sump pump
does not clear the water quickly, please refer to solution for improperly functioning sump
pump listed above.
III Pervious /Permeable Paving
1" BEDDING COURSE AND JOINT AND
CLASS 2 VOID FILLER 1/4" 3/8" WASHED
AGGREGATE - FRACTURED OPEN - GRADED STONE
BASE r PAVER
1/4" SPACING I
T --
14" OR 17.5" 1
12" OF SUBGRADE
COMPACTED TO MIN. 95%
ORCO AQUA -ERIC PERMEABLE INTERLOCKING PAVERS
NO SCALE
Note: for permeable /permeable and locations, see attached "BMP Locations" exhibit.
The operation and maintenance needs for permeable paving are as follows:
• Vacuum clean surface using commercially available sweeping machines 2 to 3 times per
year, one of these times being before the rainy season
• Perform the following inspection to ensure the permeable paving isn't clogged and that it
is properly draining (annually):
Inspect the surface of the permeable pavement for evidence of sediment
deposition, organic debris, staining or ponding that may indicate surface clogging
by testing sections by pouring water from a five gallon bucket to ensure the water
infiltrates into the paving and there is no surface running water. Perform the
routines below if the permeable paving is determined to be clogged.
• If routine cleaning does not restore infiltration rates, then reconstruction
of part or the whole of a pervious surface may be required
• A sample section of the surface area affected by hydraulic failure should
be lifted for inspection of the internal materials to identify the collation
and extent of the blockage
• Pervious pavers should be removed and replaced if clogging occurs and
infiltration cannot be restored by vacuum cleaning
IV Operation and Maintenance Activities Responsible Party
Owner shall be the responsible party for operation and maintenance activities in perpetuity and
extending into future owners of subject property.
Material Disposal
Owners are responsible for complying with all federal, state, and local regulations when
disposing of material collected from the storm water quality unit and underground detention pipe
system. Water and sediment from cleanout procedures should not be dumped into sanitary
sewer.
Hazardous Wastes
Suspected Hazardous wastes will be analyzed to determine disposal options. Hazardous
materials generated on site will be handled and disposed of according to local, state, and federal
regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria
listed in the California Code of Federal Regulations, Title 22, Article 11 (State of California,
1985).
Records Retention
A log of all inspection and maintenance activities shall be kept for a minimum of 5 years and
shall be made available to the City of Poway upon request.
3
BMP LOCATIONS
APJ\l 3V-400-68 I APJ\J
PERVIOUS
QPAVING
�O
I
I �P�
/ QO
/
PERVIOUS
PAVING °`c _ FLOW THROUGH
PLANTER #2 0
l r
FLOW THROUGH_,,,, I
PLANTER #1 SUMP L:j
PUMP a
U
N
4