Storm Water Management Facilities Maintenance Agreement 2016-0678632RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
APN: 321 - 271 -06
DOC# 2016- 0678632
1111111111111111111111111111111111111111111111111111111
Dec 12, 2016 11:14 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.;
SAN DIEGO COUNTY RECORDER
FEES: $54.00
PAGES. 14
(THIS SPACE FOR RECORDER's USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Millards Road
(G 15 -0003)
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, William E. Bourgeois, (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 being developed into a three lot subdivision with one single family residence, in accordance with
applications for Tentative Parcel Map 14 -001, Minor Development Review Application 14 -014 and
Grading Permit Number G15 -0003, 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 Stormwater Management and Discharge Control
Ordinance, Poway Municipal Code, Chapter 13 and 16 (the " Stormwater 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 ":
Permeable pavement at the entry of the proposed private road, self- retaining areas with
landscaping, self- treating areas with mulch, and a bioretention basin as shown in Exhibit "B ".
The precise location(s) and extent of the BMPs are indicated in the approved Water Quality Technical
Report, dated August 2015, and on the approved grading plans on file with CITY's Development
Services Department as G15 -0003. 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 "C ".
Because additional impervious area may require the addition of or alteration of storm water
0V
management areas and strategies, no impervious area may be added to the project site without prior
approval from the City Engineer. Additional impervious area includes, but is not limited to, patio
covers, hardscape improvements, and building additions.
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 Stormwater 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 ": ail 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.
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.
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
SWMFMA Bourgeois (G15 -0003)
Page 2
♦y
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
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
officer charged with responsibility and authority
CITY. Any notice or communication to the
Agreement shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
hereby designates the City Engineer as the
to administer this Agreement on behalf of
City related to the implementation of this
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.
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
SWMFMA Bourgeois (G15 -0003) Page 3
Ir
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
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.
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 govemed 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: William E. Bourgeois
By: L _ Date:
William E. Bourgeois
(Sign ust Be Notarized;
t� a 7 (�
SWMFMA Bourgeois (G15 -0003) Page 4
V,
ACKNOWLEDGMENT
State of California
County of San Diego
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.
On 8 // -71Z017 before me, Michael Eastman, Notary Public,
personally appeared \� CA -t-Lb*l &V e. (3 1;-7 0 S;� S
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) isfer&
subscribed to the within instrument and acknowledged to me that he>< -#e executed the same in
his44ef4heir authorized capacity4e,&), and that by his'"ei signatures on the instrument the
person(o, or the entity upon behalf of which the person(-sj - 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.
M. EASTMAN
m Commission No. 2030061 z
Z NOTARY PUBLIC - CALIFORNIA _m
SAN DIEGO COUNTY
1 Commisson Expires June 21, 2017
Signature (Seal)
CITY OF POWAY:
• Date: 2 9 �6
Ro6qh J. Manis
Director of Development Servic
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Office of the City Attorney Engineering Division
�/k� �� el
Morgan L Fol , ty Atto ey teven Crosby, P.E.
City Engineer
Attachment
1. Certificate of Acceptance
Wengserv\Land Development Projects120151G15 -0003 BourgeoislSWFMA.docx
SWMFMA Bourgeois (G15 -0003) Page 5
EXHIBIT A
LEGAL DESCRIPTION OF OWNER PROPERTY
ALL THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
SECTION 8, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING SOUTHERLY OF THE CENTERLINE OF ROAD SURVEY 472
AND ROAD SURVEY 1713, KNOWN AS POWAY ROAD, ON FILE IN THE OFFICE OF
THE COUNTY ENGINEER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN
DIEGO BY INSTRUMENT RECORDED APRIL 24, 1973 AS FILE NO. 73- 108328 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION AS GRANTED TO THE COUNTY
OF SAN DIEGO BY DEED RECORDED APRIL 23, 1980 AS FILE NO. 80- 136797 OF
OFFICIAL RECORDS.
ASSESSOR'S PARCEL NUMBER: 321 - 271 -06
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LEGEND
PROJECT BOUNDARY -- --
SELF- TREATING, SELF - RETAINING LANDSCAPE AREA
SELF- TREA TING MULCH AREA
SELF - RETAINING UNIT PA VERS AREA EE= 0 120' 240'
AREA DRAINING TO INTEGRA TED MANAGMENT iiiiii
PRACTICE (BIORETENTION BASIN) GRAPHIC SCALE. • 1" = 120'
EXHIBIT C
BOURGEOIS PROPERTY
CITY OF POWAY GRADING PLAN G15 -0003
Permanent BMP Operation and Maintenance Plan
August 6, 2015
Overview
The Bourgeois Property project, City of Poway ( "City ") MDRA 14 -014, Grading Plan No. G15-
0003, is comprised of a proposed single family detached residential structure on one of three
proposed building pads, with a private road and other associated site improvements, on private
property located within the City. In accordance with City requirements and as part of the grading
permit process, a Water Quality Technical Report (WQTR) has been prepared for the project,
which describes certain onsite Best Management Practices (BMP) improvements that will be
utilized for water quality treatment. One of the requirements of the WQTR is documentation of
the specific installation, operation and maintenance requirements for the proposed permanent
BMP improvements for the project.
Accordingly, this Operation and Maintenance Plan (OMP) has been prepared to meet this
requirement for the WQTR.
Landscape Areas
Many areas of the onsite landscaping for the project have been identified in the WQTR and on
the Grading Plans ( "Plans ") as either Self- Treating Areas or Self- Retaining Areas for purposes
of water quality treatment. These landscape areas shall be constructed, operated, and
maintained under the following guidelines:
1. The landscape areas, including swales, check dams, and berms, shall be constructed to the
grades shown on the approved Plans. The grading shall be done in accordance with the
grading specifications for the project. Soils shall not be excessively compacted nor left in a
loose condition.
2. The landscape areas shall not be re- graded in the future, nor shall earth or other materials
be brought into the landscape areas, in such a manner as to significantly alter the grades or
drainage patterns as originally designed and constructed.
3. Landscape areas which are not covered in vegetation, shall be covered with rock, mulch,
crushed gravel, or similar materials, in order to avoid bare, unprotected soils.
4. Irrigation of the landscape areas shall be accomplished using Efficient irrigation Systems as
described in the WQTR, in order to avoid overwatering, watering during rain events, or
potential erosion due to excess runoff from broken sprinkler heads or lines.
5. The private drainage system shall be installed per the specifications on the approved Plans,
and in the locations and elevations shown on the Plans.
6. The private drainage system, including drainage inlets and catch basins, shall not be
modified in any manner in the future, so as to alter the types, sizes, locations, or elevations
of inlets and catch basins from those which were originally designed and installed.
Paae 1 of 4
7. Should any of the drainage system components require repair or replacement in the future,
they shall be replaced in the same locations and elevations as originally installed, and with
the same or similar types and sizes of drainage system materials and components.
8. The landscape areas shall be inspected on a quarterly basis at minimum, for the health and
stability of vegetation. Dead or unhealthy vegetation should be replaced on a regular basis
after each inspection.
9. The landscape areas, in particular areas around drainage system inlets and catch basins,
shall be regularly maintained to avoid buildup of excess leaves, dead vegetation, or other
debris that could hinder or alter the effectiveness of the treatment areas.
10. The landscape areas and drainage system inlets and catch basins should be visually
inspected after each rain event producing a half -inch of rain or more, for any signs of
erosion or unusual accumulation of sediment or debris. Any required repairs should be
completed prior to the next such storm event if possible.
11. The landscape areas should be periodically inspected for positive drainage and /or standing
water and vector control. Any areas observed to trap standing water shall be re- graded or
repaired as necessary to ensure proper drainage per the original Plan.
Permeable Pavement Area
A portion of the private road paving will be composed of permeable pavement. Specifically, the
very east end of the private road will be constructed with concrete (unit) pavers. This area has
been identified in the WQTR and on the Plans as a Self- Retaining Area for the purpose of water
quality treatment. This permeable pavement area shall be constructed and maintained under
the following guidelines:
1. The permeable pavement (unit pavers) shall be installed in the locations and elevations
shown and in accordance with the specifications on the approved Plans. Depth of base
material (typically gravel, unless otherwise specified) shall be per the approved Plans or
pavement specifications, whichever is greater.
2. The permeable pavement shall not be removed or replaced in the future with any impervious
surface such as impervious concrete or asphalt, nor shall it be grouted or seated in any
manner which will alter the original pervious characteristics of the pavement (unit pavers).
3. Should any of the permeable pavement (unit pavers) require repair or replacement in the
future, it shall be replaced with the same or similar types of materials meeting the original
specifications on the Plans.
4. The permeable pavement area shall be regularly cleared of any weeds, crab grass, or other
surface growth, including roots, which could impair the effectiveness of the treatment area
by the clogging of voids in the paver units
5. The permeable pavement area shall be regularly cleared and maintained, to avoid buildup of
excess leaves, trash, or other solid debris on the surface that could hinder or alter the
effectiveness of the treatment area.
6. Landscape areas adjacent to or draining to the permeable pavement area shall be kept in
good order, planted with no bare soils. Mulch, rocks, or other similar materials should be
used to cover any bare soil areas, in order to minimize any potential sources of unwanted
sediment on the permeable pavement.
7. The permeable pavement area shall be regularly cleaned by periodic vacuuming of the
surface to remove any accumulated fine materials such as dust, silt, sand, etc. which could
over time clog the voids of the unit pavers. Surface cleaning shall be done by use of a
vacuum sweeper (Note: simple broom sweepers should not be used) by a person or
company qualified to perform this service in accordance with accepted industry standards.
Paqe 2 of 4
Surface cleaning should be performed on a semi - annual basis at a minimum, unless more
frequent cleaning is recommended by the manufacturer or installer.
8. The permeable pavement area should not be pressure washed.
9. The permeable pavement area should be inspected after each rain event producing a half -
inch of rain or more, for any sediment or other fine materials which may have been washed
or deposited onto the pavement. Such sediment should be removed prior to the next such
rain event.
10. The permeable pavement area should be observed periodically (at least once per year)
during a moderate rain event to check for proper infiltration of runoff into the permeable
pavement system (unit pavers).
Bioretention Basin
1. The bioretention basin shall be graded and constructed to the size and grades shown on the
approved Plans. The grading shall be done in accordance with the grading specifications for
the project.
2. Native soils at the bottom of the basin should not be excessively compacted or "smeared"
during excavation of the basin. Should excessively compacted soil be encountered at the
bottom of the basin excavation, the soil should be scarified to a depth of one foot below the
bottom of basement, prior to placement of rock and soil within the basin.
3. The bioretention area shall not be re- graded in the future, not shall earth or other materials
be brought into the bioretention area, which could significantly alter the grades, drainage
pattern, and /or water storage function of the basin.
4. No filter fabric or membranes should be installed in the bioretention basin.
5. The rock (gravel drainage layer) shall meet the specifications per the approved Plan, and
should be dumped and spread evenly to the specified depth without compaction.
6. The soil media shall meet the specifications per the approved Plan, and shall be dumped
and spread to the specified layer depth without being excessively compacted.
7. The bioretention basin should be planted with grasses, shrubs and /or trees that can
withstand short periods of saturation (ie, 12 to 72 hours) as well as long periods of drought.
Temporary irrigation may be required during the plant establishment period.
8. Landscaping within the bioretention basin shall be inspected on a semi - annual basis at
minimum, for the health and stability of vegetation. Dead or unhealthy vegetation should be
replaced on a regular basis after each inspection.
9. The bioretention basin shall be regularly maintained to avoid buildup of excess leaves, dead
vegetation, or other trash or debris that could hinder or alter the effectiveness of the basin.
The inlet and outlet areas of the basin should be kept clear of any buildup of excess, leaves,
vegetation or debris which could impair flows in and out of the basin.
10. The bioretention basin should be visually inspected after each rain event producing a half -
inch of rain or more, for any signs of erosion or unusual accumulation of sediment or debris.
Any required repairs should be completed prior to the next such storm event if possible.
11. The bioretention basin should be observed periodically (at least once per year) during a
moderate rain event to check for general infiltration of runoff into the soil system.
Responsible Party
The owner of the property shall be the responsible party for implementation of the installation,
operation, and maintenance requirements for the described onsite permanent BMP landscape,
permeable pavement, and bioretention improvements. All costs associated with the installation,
operation and maintenance of the permanent BMP's shall be borne by the owner of the
Pape 3 of 4
property. These requirements as responsible party shall transfer to the new ownership in the
event of sale of the property in the future.
In the event of a subdivision of the property in the future, the owner (and subsequent owners) of
each parcel will be responsible for the continued maintenance of the Self- Treating and Self -
Retaining landscape areas located within each parcel, respectively. However, the responsibility
and costs for the continued operation and maintenance of the road (including the permeable
portion of the road acting as a Self- Retaining area) and the bioretention basin shall be shared
equally by all three parcels. A Road Maintenance Agreement will be recorded concurrently with
the final Parcel Map to establish the shared responsibility.
Record Keegin
The owner of the property, or an assigned representative, shall keep records of the installation,
operation, and maintenance of the permanent BMP's as described above, including inspection
records. These records shall be maintained for a minimum of five years, and shall be made
available to the City, the State Water Resources Control Board, or any other authority regulating
storm water discharge, for their inspection upon request at any time during this period.
Pape 4 of 4
CERTIFICATE OF ACCEPTANCE
(Storm Water Management
Facilities Maintenance Agreement)
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 from
William E. Bourgeois, 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 I I CITY OF POWAY
Seal:
By:
Tina M. White
City Manager
SWMFMA Bourgeois (G15 -0003) Page 6