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Storm Water Trash Management Facilites Maintenance Agreement 2021-0388399RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2021-0388399 1111111 111111111 111 1111111111 111111 111111111111111 11111 MI III III May 21, 2021 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 26 (THIS SPACE FOR RECORDER'S USE) APN: 317-152-14-00 STORM WATER TRASH MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Mercy Housing Villa de Vida (G 19-0002) 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 Trash Facilities is entered into between the Property Owner(s) Villa de Vida Poway, L.P., a California limited partnership, (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 54 -unit special needs housing site, in accordance with applications for a Development Review 16-018 and Grading Permit Number G19-0002, 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 trash generation from the PROPERTY be managed by the use of the following Storm Water Trash Management Facilities which are identified as "Best Management Practices" or "BMPs": 3 trash inlet filters located throughout the site as shown on Exhibit "B". The precise location(s) and extent of the BMPs are indicated on the approved grading plans on file with CITY's Development Services Department as G19-0002. 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 area may require the addition of or alteration of storm water trash management facilities and strategies, no additional drains may be added to the project site without prior approval from the City Engineer. 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 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 TRASH AMENDMENT and 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 SWTFMA (G19-0002) Page 2 and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is", and shall be covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the 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 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. 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 SWTFMA (G19-0002) Page 3 be responsible for his or her equal share of the cost associated with the maintenance. 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. SWTFMA (G19-0002) Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: Villa de Vida Poway, L.P., a California limited partnership By: Villa de Vida GP LLC, a California limited liability company, its managing general partner By: Mercy Housing Calwest, a California nonprofit public benefit corporation, its sole member/manager By: llAdDate: 6-25-2019 Name: Erika Villablanca Its: Vice President By: VDV Poway LLC, a California limited liability company, its administrative general partner By: Villa de Vida Inc., a California nonprofit public benefit corporation, its sole member/manager By: Date: Name: Its: CITY OF d OWAY: ob-rt J. Manis Director of Development Services (signature must be notarized) Date: ,r4 n9 (signature must be notarized) SWTFMA (G19-0002) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1"4-)14.4404.4..: . 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 f/5 On vtu, 71 Date personally appeared before me, 7//(4/4e/M ( /4'Pu it Here Insert Name and Title of the Officer 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. z MARTEEN GARAY Notary Public - California z Los Angeles County Commission # 2263075 My Comm. Expires Oct 18, 2022 Place Notary Seal and/or Stamp Above 1 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. 1 Signature , r� OPTIONAL A't L Signature of Notary P :ablic 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: tE •1x v -r a: eagifs.: : ton •antraearo rg .- r.:r h-fle ©2017 National Notary Association MS!" V.Ae : Y 401::t 'tI fire. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 wNw,•.aa. - v. ..a+.w•.Ak.. A n v. -A .w. +�" .s' s ai. - . 11.2474. .51k ic.INw• lovteSi.:w. w ,ew,,.' 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 lktl.i '.0 Iia , ,)%tg before me, Yvonne Mannion Notary Public Date personally appeared --�' Here Insert Name and Title of the Officer be 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. 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. Signature OPTIONAL n- LIC)A„ , 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 G-14-1 -000)- Title , 4 -1 -000) - Title or Type of Document: Storm rarie.d3P) 10o./1 fcv r eiJ: y1 ;/tr 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: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: Villa de Vida Poway, L.P., a California limited partnership By: Villa de Vida GP LLC, a California limited liability company, its managing general partner By: Mercy Housing Calwest, a California nonprofit public benefit corporation, its sole member/manager By: Date: Name: Its: By: VDV Poway LLC, a California limited liability company, its administrative general partner By: Villa de Vida Inc., a California nonprofit public benefit corporation, its sole member/manager By: e- Date: (P/2--(2 Nam: Ctrr /40,06r. Its: E.X4:-6x...c -1-L`d-e__-"Dfr-ev(ar- CITY OF OWAY: Rob rt J. Manis (Signatures Must Be Notarized) -41 Date: Dir ctor of Development Services (signature must be notarized) seeattached certificate Villa de Vida (G19-0002) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 S�lN 1 On Date personally appeared before me, 1Q`-(1VrZJ.) ` G: Her Insert Nome and Title of the Offi-er \C\\ r\-/2\` r\ C\ri, Name of Signer who proved to me on the basis of satisfactory evidence to -be the person] -whose names) is re subscribed to the within instrument and acknowledged to me that he she/ hey executed the same in his er their authorized capacity(is), and that by his/h!their signature on the instrument the person( ;ror the entity upon behalf of which the person(„acted, executed the instrument. H IIUIlnuiInuunn111111nnul. JUSTINE DELAURO COMM. #2189907 NOTARY PUBUC - CAUFORN SAN DIEGO COUNTY convmssion Expires 04/07I2021 �ii�H4♦ timassn uuuHtuuPU OV Pface Notary Seal and/or Stamp 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. e of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docytnent n Title or Type of Document: Jk�'�A�r�-- C\GfVUL}.L'.r-�t Document Date: Signer(s) Other Than Named Above: 1 � �11(A�1t �f 1'. �� ?! .t -V c\X \i'a j\I\ Number of Pages: YO Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Guardian of Conservator ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator O Other: Signer is Representing: ©2017 National Notary Association M1304-09 (09/17) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 wY' w v. - <.w .w -MAN w w v.1/41 IN IN IN. w _w -wee.v>: w- IN w Aft wora< w .w INV:74 o..v, .w•.ai ..w -N.V.V. ANA. .w..w v. 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 191.1i (: iii , , ei'3 before me, Yvonne Mannion Notary Public Date Here Insert Name and Title of the Officer personally appeared £ be l- . don. S 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. 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 _Nit L /[ fiL.- et /6)6_4 +:! Signature of Notary Public a a aa.a na. a a .a.. a as YVONNE MANNION Notary Public - California San Diego County > Commission # 2201766 My Comm. Expires Jun 18, 2021 ✓_ % — Place Notary Seal Above 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 t i i 000 Z• Title or Type of Document: St)(a't tiO f- Te i tn',1 f -&t;- I ! hey i * //1 - Document Date: I 1% f '416,1 t 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 El Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 APPROVED AS TO FORM: Office of the City Attorney Alan Fenstermacher, City Attorney Attachments 1. Certificate of Acceptance 2. Exhibit A — Legal Description 3. Exhibit B — Site Map 4. Exhibit C — O&M Manual APPROVED AS TO CONTENT: Engineering Division Thomas R. Frank, P.E. City Engineer SWTFMA (G19-0002) Page 6 CERTIFICATE OF ACCEPTANCE (Storm Water Trash 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 5 of the attached document dated (-7):)S- )t+ , from Villa de Vida Poway, L.P., a California limited partnership, 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: /6/I CITY OF POWAY Seal: Bv• obert J. M- is Department of Developmen Services SWTFMA (G19-0002) Page 7 EXHIBIT "A" ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 14 DISTANT ALONG SAID NORTH LINE NORTH 89° 00' 00' WEST, 3955.50 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 23, BEING A POINT IN THE CENTER LINE OF HIGHWAY COMMISSION ROUTE 3, DIVISION 2, BEING ALSO A POINT IN THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 13, 1923, IN BOOK 500, PAGE 231 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY, SOUTHERLY AND WESTERLY LINE OF SAID LAND AS FOLLOWS: ALONG THE CENTER UNE OF SAID ROUTE 3, DIVISION 2, SOUTH 00° 40' 00" WEST, 146.07 FEET TO THE SOUTHEAST CORNER; SOUTH 85° 22' 00" WEST, 420.00 FEET TO THE SOUTHWEST CORNER OF SAID LAND AND NORTH 00° 40' 00" EAST, 188.00 FEET TO THE NORTHERLY LINE OF SAID SECTION 23; THENCE ALONG SAID NORTHERLY LINE SOUTH 89° 00' 00" EAST, TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH. LINE OF SAID SECTION _14 _DISTANT ._ALONG _.SAID . SOUTH UNE NORTH 89° 00' 00" WEST, 3955.50 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 14 TO THE CENTER LINE OF THE HIGHWAY COMMISSION ROUTE 3, DIVISION 2; THENCE ALONG SAID CENTER LINE NORTH 00° 40' 00" EAST, 212.30 FEET TO AN INTERSECTION WITH THE CENTER LINE OF THE ROAD TO MIRAMAR, COUNTY ROAD NO. A-43, ROAD SURVEY 188, ACCORDING TO PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY; THENCE ALONG SAID CENTER LINE LAST MENTIONED SOUTH 85° 25' 00" EAST (ROS 3525) (DEED - SOUTH 85° 22' 00" WEST) 420.00 FEET; THENCE SOUTH 00° 40' 00" WEST 171.00 FEET TO THE SOUTH LINE OF SAID SECTION 14; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING. Assessor's Parcel Number: 317-152-14-00 /-'- 7.03' OAK KNOLL ROAD 412 ' N852'E95 5''54 � PUBLIC STREET,„_,_ .. N8N8525.31 E 9E2,.�.Ef 1 J7J0 83 95' N5 25'31 'E ' II STORM DRAIN iCATCHBAS/N TRASH /NSERT PIPES STORM DRA/ PIPES FL OGARD -CATCHBAS/N TRASH /NSERT PROPERTY LINE 7 N85 22 25 E o STREET CENTERL/NE STREET RICHT-OF-WAY LINE PROPERTY LINE PROPOSED BU/DL/NG STORM DRAIN LINE STORM DRA/N STRUCTURE PROPOSED BU/LD/NG SCALE 1:80' 4 FLOGARD *CATCHBAS/N` TRASH /NSERT 420.00' 0 1 1 1 80 LEGAL DESCR/PT/ON II STORM PIPES R=20.00 L =33125 4=9574 A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION FOURTEEN (14) ANO NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION TWENTY THREE (2), ALL OF TOWNSH/P FOURTEEN (14) SOUTH, RANGE TWO (2) WEST, SAN BERNARD/NO BASE AND MER/D/A/V, /N THE COUNTY OF SAN D/EGO, STATE OF CALIFORNIA, CONVEYED TO THE COUNTY OF SAN D/E00 PER DEED RECORDED OCTOBER 21, 1913, /N THE OFF/CE OF THE SAN D/EGO RECORDER, /N BOOK 0500, PAGE 231 OF DEEDS PREPARED BY.• EXCEL ENGINEERING lAJD FUMING -DOM •S1N1E1f10 440 STAT PUCE, a• i i CA 91029 PN (760)745-8118 FX (160 745-1890 VILLA DE VIDA APARTMENTS - TRASH FACILITIES EXHIBIT B CITY OF POWAY DRAWN: EJH CHKD: PAGE OF DATE: 05-30-19 DATE: EXHIBIT "C" OPERATION AND MAINTENENCE MANUAL FOR TRASH FACILITIES CO Oldcastle Infrastructure' ACRN COMPANY FLOGARD+PLUS® CATCH BASIN INSERT FILTER Inspection and Maintenance Guide G�QµPI Cr,O4,s cr A division of Oldcastle Infrastructure Water SCOPE: Federal, State and Local Clean Water Act regulations and those of insurance carriers require that stormwater filtration systems be maintained and serviced on a recurring basis. The intent of the regulations is to ensure that the systems, on a continuing basis, efficiently remove pollutants from stormwater runoff thereby preventing pollution of the nation's water resources. These specifications apply to the FloGard+Plus® Catch Basin Insert Filter. RECOMMENDEDFREQUENCY F SERVICE: Drainage Protection Systems (DPS) recommends that installed FloGard+Plus Catch Basin Insert Filters be serviced on a recurring basis. Ultimately, the frequency depends on the amount of runoff, pollutant loading and interference from debris (leaves, vegetation, cans, paper, etc.); however, it is recommended that each installation be serviced a minimum of three times per year, with a change of filter medium once per year. DPS technicians are available to do an on-site evaluation, upon request. RECOMMENDED TIMING OF SERVICE: DPS guidelines for the timing of service are as follows: 1. For areas with a definite rainy season: Prior to, during and following the rainy season. 2. For areas subject to year-round rainfall: On a recurring basis (at least three times per year). 3. For areas with winter snow and summer rain: Prior to and just after the snow season and during the summer rain season. 4. For installed devices not subject to the elements (wash racks, parking garages, etc.): On a recurring basis (no less than three times per year). SERVICE PROCEDURES: 1. The catch basin grate shall be removed and set to one side. The catch basin shall be visually inspected for defects and possible illegal dumping. If illegal dumping has occurred, the proper authorities and property owner representative shall be notified as soon as practicable. 2. Using an industrial vacuum, the collected materials shall be removed from the liner. (Note: DPS uses a truck -mounted vacuum for servicing FloGard+Plus catch basin inserts). 3. When all of the collected materials have been removed, the filter medium pouches shall be removed by unsnapping the tether from the D -ring and set to one side. The filter liner, gaskets, stainless steel frame and mounting brackets, etc., shall be inspected for continued serviceability. Minor damage or defects found shall be corrected on -the -spot and a notation made on the Maintenance Record. More extensive deficiencies that affect the efficiency of the filter (torn liner, etc.), if approved by the customer representative, will be corrected and an invoice submitted to the representative along with the Maintenance Record. 4. The filter medium pouches shall be inspected for defects and continued serviceability and replaced as necessary, and the pouch tethers re -attached to the liner's D -ring. 5. The grate shall be replaced. REPLACEMENT AND DISPOSAL OF EXPOSED FILTER MEDIUM AND COLLECTED DEBRIS The frequency of filter medium exchange will be in accordance with the existing DPS -Customer Maintenance Contract. DPS recommends that the medium be changed at least once per year. During the appropriate service, or if so determined by the service technician during a non-scheduled service, the filter medium will be replaced with new material. Once the exposed pouches and debris have been removed, DPS has possession and must dispose of it in accordance with local, state and federal agency requirements. DPS also has the capability of servicing all manner of storm drain filters, catch basin inserts and catch basins without inserts, underground oil/water separators, stormwater interceptors and other such devices. All DPS personnel are highly qualified technicians and are confined -space trained and certified. Call us at (888) 950-8826 for further information and assistance. 2 FLOGARD+PLUS® CATCH BASIN INSERT FILTER Oldcastle Infrastructure - A CRH COMPANY www.oldcastleinfrastructure.com 800-579-8819 Water February 2019 v.1 Oldcastle Infrastructure' A CRH COMPANY Removes Pollutants from Runoff Prior to Entering Waterways Efficient System Catches pollutants where they are easiest to catch, at the inlet. Variable Design Able to be retrofitted or used in new projects. Treatment Train Can be incorporated as part of a "Treatment Train". No Standing Water Helps to minimize bacteria and odor problems. Focused Treatment Removes petroleum hydrocarbons, trash and Total Suspended Solids (TSS). Maximum Flexibility Available in a variety of standard sizes to fit round and square inlets. Economical Earn a higher return on system investment. INLET FILTRATION RA=ION Oldcastle Infrastructure' A CRH COMPANY Vulti-Purpose Catch 3asin Insert Retains Sediment, De3ris, Trash and Oils/Grease FloGard.' catch basin insert filters are recommended for areas subject to silt and debn;; as well a; !or;- ;c, rnodeiate• level': c;! petroleum hydrocarbons (oils and grease). Examples of such areas include vehicle parking lets, arrcrafT. ramps, truck and bus storage yards, business parks, residential and public streets. CATCH BASIN FILTER COMPETITIVE FEATURE COMPARISON RUBBERIZER® PRODUCT LINE White Paper How Rubberizer (Fossil Rock) Products Work Stormwater How Rubberizer° (Fossil Rock) Products Work* Rubberizer® transforms spilled hydrocarbons into a rubber -like solid on contact, and does not re-release when it is retrieved. The solidification process is non -chemical in nature allowing the US EPA to classify Rubberizer as a sorbent. This product, which comes in booms, pillows or granular form, can be used to clean oft from bilges, deck spills, around hydraulic storage tanks, under hydraulic machinery, in all engineering spaces and most importantly, in any hydrocarbon fuel spill where leaking oil comes in contact with water. Rubberizer has been used in clean-up operations around the world and is patented in 22 countries. The key advantages of the Rubberizer product line when compared to many of the characteristics of the more conventional products include: • Works on land or water borne spills • Remains buoyant • Solidifies and is landfill approved • Resistant to leaching • Does not release solidified oils under pressure • Incinerates with less that .l% residual ash • Reduces overall clean-up time • Reduces overall costs Rubberizer products sorb and transform into a rubber -like material similar to many petroleum based products like: Gasoline • Jet Fuel • Diesel Fuels • Transformer Oils • Hydraulic Oils • Lube Oils • Aromatic Solvents • Chlorinated Solvents • Light Crudes Rubberizer particulate is a mixture of hydrocarbon polymers plus additives resulting in a grainy material used primarily for cleanup operations where sweeping and shoveling are involved. It can also be used for clarification of various emulsions, or solidification and removal of various petroleum based slicks from the surface of water which is in a controlled state. 1 March 2018 v.1 This product, (and the booms and pillows) in which it is the filler, exhibit characteristics that include: • Lightweight enabling rapid deployment and retrieval (apparent specific gravity approximately = 0.4) Rapid sorption and solidification (measured in minutes), hydrophobic (no affinity for water) • Permanently buoyant (both before and after sorption) • Will not release solidified liquids under pressure • Resistant to leaching upon aqueous contact • High sorbed liquid to sorbent ratios (nominally 5 parts liquid to 1 part sorbent) • Minimal incineration residue (less than .1%) • Little volume increase of sorbed liquids (15% in laboratory tests, nominally 25% in field applications) One pound of this product will solidify into a rubber -like material up to 2/3 gallon of jet fuel, diesel, gasoline, transformer oil, hydraulic oils, light crude and many other liquids. *Rubberizer® = Fossil Rock 2 March 2018 v.1 RUBBERIZER® PRODUCT LINE Oldcastle Precast OUR MARKETS Old ca stleStormwater.com (800) 579-8819 Stormwater March 2018 v.1 FLOGARD +PLUS® Reptacement & Repair Instruction Manual. ?•Stormwater FloGard Plus Replacement and Repair Parts of the FloGard Plus Inlet Filter - 1. FloGard Stainless Steel Support Frame 2. Fossil Rock Absorbent Pouches 3. Liner 4. GeoGrid Support Basket & Cable * Grate and Basin NOT INCLUDED Disassembly: 1. Clear FloGard of any existing debris by hand or vacuum. 2. Unclip and remove the Fossil Rock pouches from the inside Liner. 3. Lift the FloGard from the catch basin. 4. Using a slotted screw driver, carefully pry open the metal tabs holding the GeoGrid and Cable in place. Separate the GeoGrid and Liner from the FloGard frame. 5. Unclip the Liner from the inside of the GeoGrid. If you are reusing the Linei' rinse thoroughly with water and inspect for tears. (If torn, mend with stainless steel wire or replace the Liner). 6. Rinse and inspect the GeoGrid Basket and the reinforcing cable. (If torn, mend with stainless steel wire or replace the GeoGrid). 7. Rinse and inspect the Stainless Steel FloGard frame. Reassembly: 1. Fully expand the GeoGrid Basket and orient to the FloGard frame. Hook cable and GeoGrid to the FloGard frame metal tabs and close the tabs using slotted screwdriver. Move around the FloGard until all tabs are closed and GeoGrid is secured to the Frame. 2. Expand and orient the Liner, locating the clips at each corner and side. Push the Liner through the center of the FloGard frame and secure the clips to the GeoGrid Basket close to the top support cable. Push the Liner to expand inside of the basket. 3. Clip new Fossil Rock Rubberizer pouches to the inside of the Liner. 4. Lower FloGard back into the basin, replace grate.