Storm Water Management Facilities Maintenance Agreement Lot 7 2018-0418815RECORDING REQUESTED BY:
City of Poway
AND WHEN RECORDED
MAIL TO:
City Clerk
City of Poway
PO Box 789
Poway, CA 92074-0789
DOC# 2018-0418815
1111111 11111 (IIII VIII IIII 11111111111 VIII VIII VIII VIII VIII IIII IIII
Oct 09, 2018 11:57 AM
OFFICIAL RECORDS
Ernest J. Oronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
Storm Water Management Facilities Maintenance Agreement Lot 7
(Please fill in document title(s) on this line)
1 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is subject to the imposition of documentary transfer tax, or,
2 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was
subject to documentary transfer tax which was paid on document recorded previously on
(date*) as document number of Official
Records, or,
3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the
transaction(s) recorded previously on (date*) as document number(s)
of Official Records, or,
5 ❑ Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to
an owner -occupier, or, document is recorded in connection with concurrent transfer that is a
residential dwelling to an owner -occupier, or,
6 ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real
property that is a residential dwelling to an owner -occupier. The recorded document transferring
the dwelling to the owner -occupier was recorded on (date*) as
document number(s)
7 ❑ Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in
accordance with the Uniform Federal Lien Registration Act, by the state, or any county,
municipalityor other political subdivision of the state, or,
8 ❑ Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or,
9 Z Exempt from fee under GC27388.1 for the following reasons:
Grant of Easement to the City - see section 4 page 3
THIS PAGE AD DED TO PROVIDE SENATE BILL2 EXEMPTION INFORMATION
(Additional recording fee applies)
Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review
PAGES: 12
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 321-030-82
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Lot 7, 14508 Highcrest Court
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 Owners, High Valley 8, LLC, (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 single-family residence, in accordance with applications for Tentative Tract Map 06-
004, Minor Development Review Application 16-009 and Grading Permit Number G1603-07, 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":
A bioretention basin at the north-western corner of the pad and a bioretention basin along the
driveway.
The precise location and extent of the BMPs are indicated in the approved Water Quality Technical
Report, dated April 2016, and on the approved grading plans on file with CITY's Development Services
Department as G1603-07. 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".
Because additional impervious area may require the addition of or alteration of storm water
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": 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.
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.
SWMFMA High Valley 8, LLC Lot 7 (G1603-07) Page 2
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 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.
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
SWMFMA High Valley 8, LLC Lot 7 (G1603-07) Page 3
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.
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: High Vplley 8, LLC
By: iii! Date: 2 9
Name: Thomas Chris pher McComic
Title: Managing Partner
(Signature Must Be Notarized)
SWMFMA High Valley 8, LLC Lot 7 (G1603-07) Page 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..
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 Snr,) alEC io
On AUGWJr Q diol -) before me, %yt7�rJC mRJJ o;J (JJTt+&I PWBC_
Here Insert Name and Title of the Officer
personally appeared TlnomrAs r4teLSYr2PHE9Aj e LoAdiL
Names) 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.
YVONNE MANNION
Notary Public - California
san Diego County
Commission R 2201766
My Comm. Expires Jun 18, 2021
Place Notary Seal Above
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 �
LA Signature of Notary Public
OPTIONAL
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 Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) 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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
v{'v '✓ ✓{v4'ei '✓{<✓✓{L✓.G'//4'L vSt✓.{'✓4'✓ v{Ga.'ei��.' aG'a4'✓{'d v1..'✓�.G'a 'eiS'.'/
CITY OF POWAY:
Robert J. Manis
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
Alan Fenstermacher, City Attorney
Attachment
1. Certificate of Acceptance
Date: IUZ/ /
APPROVED AS TO CONTENT:
Engineering Division
M Aengsery\Land Development Projects\2007\1603-07 High Valley 8, LLC\SWFMA Lot 7.docx
SWMFMA High Valley 8, LLC Lot 7 (G1603-07) Page 5
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 $) 02C1 11"1 , from
High Valley 8, LLC, 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. 17-007 adopted on April 18, 2017,
Dated: CITY OF PO\TY
0
J. Manis " I
r of Development
SWMFMA High Valley 8, LLC Lot 7 (G1603-07) Page 6
EXHIBIT A
LEGAL DESCRIPTION
LOT 7 OF CITY OF POWAY TRACT MAP 06-04, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
NO. 15793, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO
COUNTY, SEPTEMBER 17, 2010 AS FILE NO. 2010-0494535 OF OFFICIAL
RECORDS.
PREPARED BY:
5r�,\PMC. y�
NO 33730
✓l✓vfi�a�� jd�y/ sryT c'IVII
R OF CA
WILLIAM C. YE,4, RCE 33730
1. Bioretentions
EXHIBIT `B'
Operation and Maintenance Manual
2:1 SLOPE, TYPE
SLOPE PER PLAN 1i
LOOMY SAND -
SHORT GRASS
PONDING
4"0 PERFORATED I
PVC PIPES, PERFORATION - - J
PLACED FACE DOWN
798.1 FS
PER PLAN
SOIL COMPACTED
TO 95%
7 CLASS 2 PERMEABLE
AGGREGATE PER
-68-1.025A OF CALTRANS
SPECIFICATIONS
BIORETENTION
NO SCALE
Note: for bioretention locations, see attached "BMP Locations" exhibit.
The operation and maintenance needs for bioretentions 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, driveways 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 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.
2
PERMANENT STORMWATER BMP MAP
APN 321-030-82
LOT 7, HIGHCREST COURT
POWAY, CA 92064
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