Storm Water Trash Facilities Maintenance Agreement 2021-0105724RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
DOC# 2021-0105724
1111111111111111 111 111111111111 11111 1111 11111 11 11111 11111 111
Feb 10, 2021 03:39 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 15
(THIS SPACE FOR RECORDER'S USE)
APN: 314-632-47
STORM WATER TRASH FACILITIES
MAINTENANCE AGREEMENT
14969 Pomerado Road
(B19-1189/TA19-008)
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 Facilities is entered into
between the Property Owner(s) Sun Coast Homes, Inc., a California corporation, (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
undergoing tenant improvements under Permit Number B19-1189, which are on file with the CITY. This
Agreement is required as a condition of approval for such development.
WHEREAS, in accordance with the California Regional Water Quality Control Board San Diego Region
Order Number R9-2017-0077, (hereinafter referred to collectively as "Trash Amendment"), 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 and
trash generation from the PROPERTY be managed by the use of the following Storm Water Trash
Facilities which are identified as "Best Management Practices" or "BMPs":
One (1) inlet filter located throughout the site as shown on Exhibit "B".
The precise location(s) and extent of the BMPs are indicated on the approved building plans on file with
CITY's Development Services Department as B19-1189. 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 "C".
Because additional impervious area may require the addition of or alteration of storm water
management facilities and strategies, no impervious area or additional drains may be added to the
project site without prior approval from the City Engineer.
SWTFMA (B19-1189/TA19-008)
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. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference
and constitute a part of this AGREEMENT
2. Maintenance of Storm Water Trash 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.
3. 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.
4. 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.
SWTFMA (B19-1189/TA19-008) 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.
5. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual right of entry over,
under, and across all of the PROPERTY, for purposes of accessing the BMPs and a perpetual
easement over, under and across those portions of PROPERTY described in Exhibit "D" and
shown in Exhibit "E", for purposes of 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.
6. 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
7. 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 (specifically including but not limited to OWNER's alleged
noncompliance with the Trash Amendment or the Stormwater Ordinance), 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.
8. Allocation of Costs. Following the sale or transfer of any 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.
SWTFMA (B19-1189/TA19-008) Page 3
9. 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.
10. 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.
11. 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.
12. 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.
13. Attorney's Fees. The prevailing party in any action or proceeding to enforce or interpret the
terms of this Agreement shall be entitled to recover all of its reasonable litigation expenses,
including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter.
OWNER: Sun Coast Ho es, Inc., a California corporation
By:
Douglas Arron Mott, ice President
Date: I Z
(signature must be notarized)
SWTFMA (B19-1189/TA19-008) Page 4
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 San Diego
On July 16, 2020
before me, Deanna Mott, Notary Public
(insert name and title of the officer)
personally appeared Douglas Arron Mott
who proved to me on the basis of satisfactory evidence to be the person(%) whose name(%) is/ace
subscribed to the within instrument and acknowledged to me that he/sey executed the same in
his/her4their authorized capacity(+es), and that by hisillefitheir signature( on the instrument the
person(), or the entity upon behalf of which the person( 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 � —. . (Seal)
DEANNA MOTT ■
Notary Public - California
San Diego County
Commission k 2279767
My Comm. Expires Apr 1, 2023
CITY OF POWAY:
Direc or of Development Se ice
APPROVED AS TO FORM:
Office of the City Attorne
/
4
/
�
Date:
(signature must be notarized)
City Attorney
Attachments
1. Certificate of Acceptance
2. Exhibit A — Legal Description of Property
3. ErhibitB—LocaUonofBMPa
4. Exhibit 0 — Operation and Maintenance PIan
5. Exhibit D — Easement Legal Description
O. Exhibit E—EaaenoentP|ot
WeiM
APPROVED AS TO CONTENT:
Engineering Divisio
Melidv E.
City Engineer
8VVTFMA/B18-118S/TA1S'OOE0 Page 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
W.Q w.W.- ' q
.. A,
A • W.\ W.
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On June 5, 2020 before me, Yvonne Mannion Notary Public
Date
Here Insert Name and Title of the Officer
personally appeared Robert J. Manis
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/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.
A IR. A A A A. A Ii, A AB, a s
YVONNE MANNION
Notary Public - California
San Diego County
Commission # 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 ,,,/ I!b Ael- A/fotl,rtli'j
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: Storm Water Trash Facilities Maintenance Agreement B19-1189/TA19-008
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
0 Trustee 0 Guardian or Conservator
O Other:
0 Corporate Officer — Title(s):
0 Partner — 0 Limited ❑ General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CERTIFICATE OF ACCEPTANCE
(Storm Water Trash Facilities
Maintenance Agreement)
This is to certify that the interest in real property located in the City of Powa conveyed by the
Grant of Easement described in Item 5 of the attached document dated 1 ) i b a_o , from Sun
Coast Homes, Inc., a California corporation, 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: gfie L,C/
CITY OF POWAY
SWTFMA (B19-1189/TA19-008)
Robert J. Manis
Department of DevelopmeServices
EXHIBIT "A"
The land hereinafter referred to is situated in the City of Poway, County of San Diego, State of CA, and is
described as follows:
Lot 234 and Lot 235 of County of San Diego Tract 3461-7 in the City of Poway, County of San Diego, State of
California according to the Map thereof No. 8885, filed in the Office of the County Recorder of San Diego
County, June 7, 1978.
Except therefrom all oil, gas, minerals and other hydrocarbon substances, lying below a depth of 500 feet,
without the right of surface entry.
APN: 314-632-47-00
12412 AREA
DRAIN
/
_ A I@1. 39i' 55"
R=20' L.31.55'
EXHIBIT "B"
Provide REM Triton Bioflex Trash
Guard at 24x24 area drain. Drain filter
shall be installed and maintained per
manufacturer's recommendation.
(12 x 12 Area drains treated
downstream at a public inlet)
1242 AREA
DRAIN
Site Plan
DRA/ Id/ MODEL
TR -24
PRAN RIL1E!¢
N. 86' 51' 51' N. 229118'
CURB CUTLET FOq
PARKING LOT ORAN
'C9
EXHIBIT "C"
wwtiv.retnfilrcrs.cmn
Revel Environmental Manufacturing Inc.
sales(_trenrfilters.com (385) 526-4736 Lic. Na. 857.110
Northern California
960-11 Detroit Avenue
Concord, California 94518
P: (925) 676-4736
(925) 676-8676
Southern California
21 111 South Grand Avenue
Santa Ana, California 92705
P: (714) 557-2676
F: (714) 557-2679
Operation`& Maintenance (O&M)
and Procedures
REM TRITON Filter Recommended Maintenance Procedures:
Maintenance and Inspections:
In order to ensure proper operation, REM (Revel Environmental Manufacturing, Inc.) recommends that
REM Stormwater filters be serviced and maintained when debris and pollutant accumulations exceed no
more than 80% of the filter's capacity. REM recommends that the filters are inspected and serviced at a
minimum of three times (3X's) per seasonal cycle year. The frequency and length of duration between
inspections and maintenance may fluctuate based on specific site conditions such as local weather
conditions, site use, and pollutant type and Ioading volume.
Filter Media Replacement:
In order to ensure proper operation, REM recommends that the FOG Media, or other specified media
(such as Activated Carbon, and/or Zeolite) be replaced when the outer surface of media is no more than
50% coated with contaminants. (The surface area of REM's standard FOG media is stark white in color.
The media will blacken with encapsulated contaminants over time.) It is recommended that REM media
packs and Bioflex be replaced a minimum of one time (1X) per seasonal cycle year. Sites with higher
pollutant loading concentrations may require more frequent service and media replacement. Purchase
replacement media packs from REM at (888) 526-4736 or sales@remfilters.com. Custom media
configurations are available upon.
pisposal:
Captured pollutant debris and spent media must be disposed of in accordance with all Federal, State, and
Local Laws and Regulations.
On-site Procedures for Triton Catch Basin Filter Inserts:
1. Secure area (proceed with traffic and pedestrian control plan).
2. Clean surface area immediately around each storm drain utilizing a stiff bristled push -broom, flat
shovel or industrial vacuum.
3. Proceed with confined space procedures as necessary.
4. Remove grate or manhole cover and set aside.
5. Inspect perimeter filter flange gasket. Confirm media cartridge is secure in the filter basin.
6. Remove debris trapped in grate slot openings.
7. Utilize an industrial vacuum to remove debris from within filter basin.
8. Pressure wash media pack through the stainless steel cartridge. (Avoid discharge by utilizing an
industrial vacuum to remove excess water while pressure washing).
9. Inspect media housed inside stainless steel cartridge. REM recommends replacing the filter media
a minimum of once a year (see Filter Media Replacement above).
10. Place grate or manhole cover back on catch basin grate frame.
11. Secure dated service lock -out tag on grate lid.
12. Identify catch basin on site map for tracking and reporting.
13. Note observations, concerns or recommendation regarding specific filter on maintenance report.
14. Remove pedestrian and/or traffic control barricades.
EXHIBIT "D"
PARCEL 1
e4J1
BEGINNING AT THE EAST CORNER OF LOT 234, MAP 8885, RECORDED JUNE 7, 1978
AS FILE #78-235448 AT THE SAN DIEGO COUNTY RECORDERS, SAN DIEGO,
CALIFORNIA, SAID POINT BEING ON A 1437.00 FOOT RADIUS CURVE, THE CENTER
OF WHICH BEARS SOUTH 49°42'54" WEST; THENCE NORTHWEST ALONG THE
NORTHEAST BOUNDARY OF SAID LOT 234 ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°38'24" AN ARC DISTANCE OF 66.21 FEET;
THENCE LEAVING SAID BOUNDARY SOUTH 47°04'30" WEST 26.88 FEET TO A POINT,
SAID POINT BEING THE TRUE POINT OF BEGINNING AND THE CENTER OF A 6.00
FOOT RADIUS CIRCLE; SAID EASEMENT BEING THE 6.00 FOOT RADIUS CIRCLE.
PARCEL 2
BEGINNING AT THE EAST CORNER OF SAID LOT 234, MAP 8885, RECORDED JUNE
7, 1978 AS FILE #78-235448 AT THE SAN DIEGO COUNTY RECORDERS, SAN DIEGO,
CALIFORNIA, SAID POINT BEING ON A 1437.00 FOOT RADIUS CURVE, THE CENTER
OF WHICH BEARS SOUTH 49°42'54" WEST; THENCE NORTHWEST ALONG THE
NORTHEAST BOUNDARY OF SAID LOT 234 ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 03°07'48" AN ARC DISTANCE OF 78.50 FEET, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SAID
NORTHEAST BOUNDARY SOUTH 41°54'37" WEST 22.62 FEET; THENCE NORTH
48°05'23" WEST 6.00 FEET; THENCE NORTH 41°54'37" EAST 23.09 FEET TO A POINT
ON THE NORTHEAST BOUNDARY OF SAID LOT 234; SAID POINT BEING ON A 1437.00
FOOT RADIUS CURVE THE CENTER OF WHICH BEARS SOUTH 46°20'42" WEST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00°14'24" AN ARC DISTANCE OF 6.02 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 3
BEGINNING AT THE EAST CORNER OF SAID .LOT 234, MAP 8885, RECORDED JUNE
7, 1978 AS FILE #78-235448 AT THE SAN DIEGO COUNTY RECORDERS, SAN DIEGO,
CALIFORNIA, SAID POINT BEING ON A 1437.00 FOOT RADIUS CURVE, THE CENTER
OF WHICH BEARS SOUTH 49°42'54" WEST; THENCE NORTHWEST ALONG THE
NORTHEAST BOUNDARY OF SAID LOT 234 ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°52'14" AN ARC DISTANCE OF 71.99 FEET;
THENCE LEAVING SAID BOUNDARY SOUTH 46°50'40" WEST 22.15 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 41°54'37" WEST 8.00 FEET; THENCE
NORTH 48°05'23" WEST 18.00 FEET; THENCE NORTH 41°54'37" EAST 8.00 FEET;
THENCE SOUTH 48°05'23" EAST 18.00 FEET TO THE TRUE
POINT OF BEGINNING.
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