Loading...
Storm Water Management Facilities Maintenance Agreement 2020-0474114RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2020-0474114 IIIII IIIII IIIII I III II I I II I IIII III I IIII IIII III IIII IIII III Aug 21, 2020 10:09 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 15 (THIS SPACE FOR RECORDER'S USE) APN: 323-520-04 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Newham Single -Family Residence (DR05-011 & B18-2007) 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), Adam and Edna Z. Newham (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 as Lot 4 of Parcel Map 15407, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 9, 2006 (hereinafter referred to as the "PROPERTY"). which is being developed into a single-family residence, in accordance with the Development Review 05-011 and Building Permit Number B18-2007, 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": One biofiltration basin onsite as shown in Exhibit "A". The precise location(s) and extent of the BMPs are indicated in the approved Storm Water Quality Management Plan, dated April 3, 2019, on file with CITY's Development Services Department as B18- 2007. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness and the approximate location of the BMPs 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: 1. 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. 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 SWMFMA (DR05-011 & B18-2007) Page 2 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 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. SWMFMA (DR05-011 & B18-2007) Page 3 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 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. OWNERS: By: A/LAIL' Date: 4 '��'Mtci Adam Newham By:( -.7 get Edna Z. Newham Date: .5 2U/ (Signatures must be notarized) SWMFMA (DR05-011 & B18-2007) Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 «•..A -v tee -aateTa- w •'w w v.• v tr,e v. v. wtAla v. w IAR •.v. wed w wt.w• w• w • wt/r4a . w. w.a 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 San Diego On gpr,l A , -OIei II Date before me, Yvonne Mannion Notary Public Here Insert Name and Title of the Officer personally appeared �r�nm (16,-)hrtro ciA(II • flet-)YlGr,t!'1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(§) whose names)) is/air ' subscribeA.,to the within instrument and acknowledged to me that he/she/ hey executed the same In his/her thei ?authorized capacity es , and that by his/her/t "eirsignature(s)' on tWinstrument the person 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. YVONNE MANNION Notary Public -California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. SignaturetL-)i I Cann;,-) OPTIONAL Signature of Notary Public 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:STi'.( ,„ )o.thf in ran nt f c')ih "{In t 2i1rW.C(' /3 vro�'1'te.'tt Document Date: 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: ..Lcc<< we ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CITY OF OWAY: Rob rt J. Manis Director of Development Servic APPROVED /9S- 0 FORM: Office of t e City £ ttorney % A { Alan Fen Date: 7/b// APPROVED AS TO CONTENT: Engineering Division acher, City Attoyy Thomas Frank, P.E., City Engineer Attachment 1. Certificate of Acceptance M:\engsery\engserv\eng forms\Land Development Fomes\SWFMA.docx SWMFMA (DR05-011 & B18-2007) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 a adr w sOAT1. eR4. %Wit- a, v.Naa0- - aa4 •; y _ci.•.w _ad_w. ai-_va tee' - w 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 San Diego On (re4H i h 41) i C1 before me, Yvonne Mannion Notary Public Here Insert Name and Title of the Officer Pooe( .j . man, s Date personally appeared Name(s) 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/hef/their authorized capacity(iee), and that by his/h./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. YVONNE MANNION Notary Public - California San Diego County Commission rt 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature L 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: SCOW\ ;,oc>t: -( /M it 0,9 eAle,ik rocibries al Otte (36A -W -A -Lent • Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ^r;e_ �ccvu�G� c� �c�G�G<z�GcSeG�^Gv�� Lei u^��ec ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities Maintenance Agreement) B18-2007 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 Z- / 9, Lac; E(-3 , 9 r from the Adam and Edna Z. Newham, 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: 'Z 06 /./ CITY OF POWAY By: Ro• -rt J. Manis Director of Development Service SWMFMA (DR05-011 & B18-2007) Page 6 EXHIBIT 'A' SITE PLAN 14123 SKY MOUNTAIN TRAIL POWAY, CA 92064 SKY MOUNTAIN TRAIL R/w % "II 04 F58 1I )11, top BF -1 BIO -FILTRATION BASIN (350 SF) R/W All SCALE: 1"= 50' EXHIBIT B STRUCTURAL BMP MAINTENANCE THRESHOLDS AND ACTIONS FOR: 14123 Sky Mountain Trail Poway, CA 92064 B18-2007 PREPARED FOR: Gaitaud Construction Design and Development Corp P.O. Box 28696 San Diego, CA 92198 (858) 451-8280 PREPARED BY: LANDMARK CONSULTING 9555 Genesee Avenue, Suite 200 San Diego, CA 92121 (858)-587-8070 LMCO JN: 1-37 2/11/2019 LI .NDMARK c o „i s u L r i r1 G Planning • Engineering • Surveying 9555 Genesee Avenue, Suite 200 San Diego, CA 92121, (858) 587-8070 79:?,0F ES Sip �1D H, yNq<<\> 70.)/' � OP c.v./ 3. Cfs No. 62717 m Exp. 6-30-2020 OF CA}' DAVID YEH, RCE 62717, EXP. 6-30-20 TABLE OF CONTENTS 1.0 DESCRIPTION OF STRUCTURAL BMPS 2 2.0 BMP SECTIONS 2.1 POC -1 (BF -1-1) 3 3.0 INSPECTION AND MAINTENANCE THRESHOLDS 4 4.0 ACCESS TO BMP AND MAINTENANCE REQUIREMENTS 5 TABLES TABLE 1 BMP INSPECTION ACTIVITIES FOR PERMANENT BMP 4 TABLE 2 BMP THRESHOLDS THAT TRIGGER REQUIRED MAINTENANCE OF BMP 5 1 1.0 DESCRIPTION OF STRUCTURAL BMPS The entire site is treated via 1 pollutant control and flow control BMP. Runoff from the rooftops and driveways will be directed into the bio -filtration basin through roof drains and an on-site storm water conveyance system consisting of area drains and PVC storm drain piping. The BMP that treats DMA 1 is a bio -filtration basin. The typical BMP section can be seen in section 2.0. 2 2.0 POLLUTANT -CONTROL BMP SECTIONS 2.1 SOIL MEDIA 18 3" NON—FLOP, TABLE,. SHREDDED HARDWOOD MULCH 8" PVC RISER t (TYP. OF 5) ren m�nwlmwa5 �n na-walia i=nziu_uan Ir'irn 114LIIAII. ir_,,u+ Z,APA"ddi re, 1 } 8" PERFORATED PVC UNDERDRAI,N 1/4" DIAMETER ORIFICE DRILLED INTO CAP (TYP. OF 5) CAP 8." STUB @ CONN. WITH PERFORATED UNDERDRAIN �'1 til 8"X8"X8" TEE 8"X8" ELBOW 8" PVC TIGHT—LINE 1� \ x--10" TIGHT—LINE TO OUTLET `-10"X10"X8" TEE (TYPICAL OF 4) 10"X8" REDUCER ELBOW AT END OF 10" PVC TIGHT LINE Cam N SECTION: BIOFILTRATION BASIN (BF -1A) SCALE: NTS 3 3.0 INSPECTION AND MAINTENANCE The proposed permanent BMP will require maintenance to ensure it is functioning properly. Table 1 below outlines the inspection activities, while Table 2 gives specific thresholds for BMP maintenance. Table 1: BMP inspection activities for all three permanent BMPs BMP Identifier Inspection Activities Frequency BF -1: Biofiltration Basin • Check for -Two Times per year, at accumulated litter and beginning and end of wet debris season • Inspect plant health and for bare spots • Check for overgrowth • Check for standing -After any storm event water and ponding with greater than 0.5" of that does not drain within 96 hrs of a storm event precipitation. • Inspect riser and outlet structure (if applicable) • Check for any erosion due to concentrated flow. 4 Table 2: BMP thresholds that tri er required maintenance of all BMPs Indicator Threshold Action Required Accumulated litter and Debris 3" of accumulation (top of riser only 6" above grade) Remove and dispose of material Bare Spots, unhealthy vegetation When noticeable bare spots are present, or significant plant loss Replant and reseed per original plans. Overgrown vegetation Plant growth has obstructed riser structure. Trim to below riser structure or original plans. Standing water in basin Ponding does not completely drain in 96 hrs. Remove any accumulated sediments along riser. Inspect outlet structure and repair as necessary. Engineered soil within basin may need to be replaced. Damage to riser and outlet structure (if applicable) Any visible damage to riser or outlet structure Repair and replace as necessary. Evidence of soil erosion Channelization within BMP is evident. Add stone protections to flow inlets. Regrade to original plans. 4.0 ACCESS TO BMP AND MAINTENANCE REQUIREMENTS BMP BF -1 can be accessed via the proposed driveway. The BMP should not require extensive tools and materials for maintenance. Cameras or other visual aids may be necessary to inspect outlet structure. 5