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Storm Water Management Facilities Maintenance Agreement 2021-0525355RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2021-0525355 111111111111 11111 111 11 11111 111111111111 111111111 111IIIIENE Jul 23, 2021 08:43 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 16 (THIS SPACE FOR RECORDER'S USE) APN: 277-202-21 and 277-202-32 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Agamirzoyan Single -Family Residence (MDRA18-030) 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) A&C Family Trust dated June 1, 2018, (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 the Minor Development Review Application 18-030, which is 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": Two biofiltration basins onsite as shown in Exhibit "8". The precise location(s) and extent of the BMPs are indicated in the approved Storm Water Quality Management Plan, dated January 16, 2019, and on the approved Minor Development Review Application plans on file with CITY's Development Services Department as MDRA18-030. 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 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 (MDRA18-030) 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 Tots 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 (MDRA18-030) 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. OWNER: A&C FAMILY TRUST, Dated June 1, 2018 By: By: Oleg A• r oyan, T'ustee Elena Chkt SWMFMA (MDRA18-030) Date: Date: 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 San Diego On "t� . c before me, Gregg Miiter, Notary Public, personalty ci>'/A NI appeared z z 44. ...D.: .10. _AY .... .11t. 41, ...._...-... a .10, ,t, -A, 1 GREGG MILLER Notary Public - California San Diego County n Commission # 2172182 My Comm. Expires Nov 18,2020 v W `r- W 'Mr NV who proved to me on the basis of satisfactory evidence to be the person(s) whose names) ire subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his erltheir authorized capacity(ies), and that by hieftiarItheir signature(s) on the instrument the persort(s), or the entity upon behalf of *which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the state of California that the foregoing paragraph is true and correct. Witness my hand and ofl<cial,sear. OPTIONAL Though the information below is not required by law, it may prove\valuable to persons relying on the document and could prevent fraudulent removal and reattachmencof this form to another 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: individual _ Corporate Officer — Trtle(s): Partner - Limited General _ Attorney in Fact Trustee Guardian or Conservator Other: Signer is representing: RIGHTTHUMBPRiNT `OF SIGNER Top of thumb here Signer's Name: Individual _ Corporate Officer — Title(s): Partner - Limited General _ Attomey in Fact Trustee _ Guardian or Conservator Other: Signer is representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here (Signatures must be notarized) CITY5)F POWAY: R ert J. Man Director of Development S es APPROVED AS TO FORM: Office of the City Attorney (yi t,L 6/K\ Alan Fenstermacher, City Attorney Attachment 1. Certificate of Acceptance 2. Exhibit A — Legal Description 3. Exhibit B — BMP Mapbook 4. Exhibit C — O&M Manual Date: 49//, APPROVED AS TO CONTENT: Engineering Division Thomas R. Frank, P.E. City Engineer M:\engserv\Land Development Project Conditions\rndra 12018 \MDRA 18-030 Agamirzoyan \SWFMA.docx SWMFMA (MDRA18-030) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :�Csc�,clze:hc :aim. w, ..a.=v. _aa•.aa• _sem -.v.. avVii. a� vs. at CIVIL CODE § 1189 . INV,. _ ,_�: . 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 Sep t-eiyi b 2,4. 2Dij before me, Date ) Yvonne Mannion Notary Public Here Insert Name and Title of the Officer personally appeared � 0 (L ✓ • (lis 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. tell, AN, 41116. .411, Alf, YVONNE MANNION Notary Public - California San Diego County n 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. 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: SCo(n'10 C&e fani net .ionfi F• --)c- dirt ei Ina;:�t�,�7ert�e 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): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact E l Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: • .tom c r�<r ©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) MDRA18-030 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 (d from the A&C Family Trust dated June 1, 2018, 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: q %Cis "J CITY OF POWAY By: bert J. Manis Director of Development �. ices SWMFMA (MDRA18-030) Page 6 EXHIBIT 'A' EXISTING LEGAL DESCRIPTION PARCEL "A" OF CITY OF POWAY, STATE OF CALIFORNIA BOUNDARY ADJUSTMENT NO. 00-03 PER CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 07, 2001 AS DOC. NO. 2001-0641245. NOTE: DMA 3 AND DMA 4 ARE DE MINIMIS DMA 5 IS SELF MITIGATING • LPAA NDMARK C ONSU LT ING Planning Engineering Surveying 9555 Genesee Avenue, Suite 200 San Diego, CA 92121, (858) 587-8070 E\APili ili1W19 idiMWH:iWBi W/t Onela diafCRP11116i iNO ai gle0iikiWa YiNYgeadMa." Wi liaidfiiaufAIAWAZ A Map000K -wu Revision.awg, 7i ia/zucu 1.uu.413 PM,0wt, Ta ruF.pci STRUCTURAL BMP MAINTENANCE THRESHOLDS AND ACTIONS FOR: 14165 Bryce Point Poway, CA 92064 PREPARED FOR: Oleg Agamirzoyan and Elena Chkhikvishvili 17946 Aguamiel Road San Diego, Ca 92127 PREPARED BY: LANDMARK CONSULTING 9555 Genesee Avenue, Suite 200 San Diego, CA 92121 858-587-8070 LMCO JN: 266-1 03/29/2018 Planning Engineering • Surveying 9555 Genesee Avenue, Suite 200 San Diego, CA 92121, (B58) 587-8070 No. 62717 Exp. 6 -3O -20J DAVID YEH, RCE 62717, EXP. 6-30-20 EXHIBIT 'C' TABLE OF CONTENTS 1.0 DESCRIPTION OF STRUCTURAL BMPS 3 2.0 BMP SECTIONS 2.1 POC -1 (BF -1-1) 4 3.0 INSPECTION AND MAINTENANCE THRESHOLDS 5 4.0 ACCESS TO BMP AND MAINTENANCE REQUIREMENTS 6 TABLES TABLE 1 BMP INSPECTION ACTIVITIFS FOR PERMANENT BMP 5 TABLE 2 BMP THRESHOLDS THAT TRIGGER REQUIRED MAINTENANCE OF BMP 6 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, gutter flows, 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. 2.0 POLLUTANT -CONTROL BMP SECTIONS 2.1 0.125" ORIFICE -I 12" FREEBOARD 1 3" - ASTM 100 MULCH 18" ENGINEERED SOIL 24" GRAVEL STORAGE LAYER 10" PVC RISER / 6" PERFORATED i PVC UNDERDRAIN 0.75" ORIFICE - FIL TER COURSE COLORADOLINER PVC 30 OR EQUAL BIOFILTRAT1ON BASIN BF -1 NOT TO SCALE 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 major storm water and ponding that does not drain within 96 hrs of a storm event event. • Inspect riser and outlet structure (if applicable) • Check for any erosion due to concentrated flow. Table 2: BMP thresholds that trigger required maintenance of all BMPs Indicator Threshold Action Required Accumulated litter and Debris 6" of accumulation (top of riser only 12" 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.