Storm Water Trash Management Facilities Maintenance Agreement 2021-0558508RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
DOC# 2021-0558508
11111111111111111111i1111111111111111111111111111111111111111111111111
Aug 05, 2021 12:43 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $50.00 (SB2 Atkins: $0.00)
PAGES: 13
(THIS SPACE FOR RECORDER'S USE)
APN: 323-481-03
STORM WATER TRASH MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
13970 Stowe Drive
(B20-0040/TA20-021)
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency)
This STORM WATER TRASH MANAGEMENT FACILITIES MAINTENANCE AGREEMENT
(hereinafter referred to as this "AGREEMENT") is entered into between San Miguel Valley Corporation,
a Colorado 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 being
developed in accordance with applications for Building Permit Number B20-0040, which is 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":
Two (2) StormTek Filters (model # ST3G) located on 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 B20-0040. The manner and standards by which the
BMPs must be 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
4846-9192-7982.v1
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 during their respective periods of
ownership of the Property. It is intended that these obligations be enforceable in accordance with the
terms of this AGREEMENT notwithstanding other provisions related to BMP maintenance that are
provided by law to the extent this AGREEMENT is not in conflict with such laws.
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
upon written request by CITY. OWNER shall, or shall cause its tenant to, 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 reasonable 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 portion of
the PROPERTY 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, which notice may be effected by providing such transferee with a copy of this
AGREEMENT.
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
but reasonable judgment, OWNER has failed to perform the same within a reasonable time after
written notice thereof from CITY to OWNER. Such MAINTENANCE ACTIVITIES 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 ACTIVITIES performed by the
CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole
election provided that the same are in compliance with the O&M PLAN. It is recognized and
SWTMFMA (B20-0040/TA20-021)
Page 2
4846-9192-7982.v1
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 ACTIVITIES
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.
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 in accordance with this Paragraph 4. OWNER's obligation to pay
CITY's costs of performing such MAINTENANCE ACTIVITIES is a continuing obligation. If
OWNER fails to pay CITY's costs for performing such MAINTENANCE ACTIVITIES, CITY may
assess a lien on the Property 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 those portions of PROPERTY described in Exhibit "D" and shown in Exhibit "E", 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.
SWTMFMA (B20-0040/TA20-021) Page 3
4846-9192-7982.v1
8. Allocation of Costs. In the event the PROPERTY is composed of multiple legal lots, then,
following the sale or transfer of any such individual lot(s) by OWNER to a third party, the cost of
the MAINTENANCE ACTIVITIES required by this AGREEMENT shall be divided equally among
all lot owners within the PROPERTY, and paid by each such lot's current owner or, if applicable,
his, her, or its heirs, assigns and successors in interest. This requirement shall be binding on
all lot owners of lots located within the PROPERTY, and each shall be responsible for his, her,
or its pro rata share of the cost associated with the MAINTENANCE ACTIVITIES required by
this AGREEMENT during his, her, or its period of ownership of such lot(s), calculated based on
the useable acreage of each such lot in relation to the aggregate useable acreage of all lots
which are part of the PROPERTY.
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 for the period of each such party's ownership of the PROPERTY (or
portion thereof), 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 license 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 during the period of their respective ownership thereof, who shall be deemed
to have consented to and become bound by all the provisions hereof upon such purchase or
acquisition.
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 the then -current OWNER of or
otherwise affect the then -current 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 an current or previous
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, whichever then holds title to the
PROPERTY (or portion thereof). 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.
SWTMFMA (B20-0040/TA20-021)
Page 4
4846-9192-7982.v1
IN WITNESS VVHEREOF, the oodieo have executed this AGREEMENT on the dates set forth
hereinafter.
OWNER:
SAN MIGUEL VALLEY CORPORATION, a Colorado corporation
ic"J. Chemid�, President
San Miguel Valley Corporation
Date: -I \'2-\-2L02�\
(signature must be notarized)
STATE opc
coumTYOF 1y�p�k
THIS RECORD WAS ACKNOWLEDGED BEFORE MEON
NOTARY PUBLIC
nAmswLBRADY
NOTARY PUBLIC
STATE upcoLoxAoo
NOTARY mmywom4sz
vCOMMISSION EXPIRES AUGUST 1o.uocz
OVVTMFMA 1\ Page 5
CITY OF,POWAY:
Robert J. Manis
Director of Development Service
(signature must be notarized)
APPROVED AS TO FORM:
Office of the City Attorney
City Attorney
Attachments
1. Certificate of Acceptance
2. Exhibit A — Legal Description
3. Exhibit B — Site Plan
4. Exhibit C — O & M Plan
5. Exhibit D — Easement Legal Description
6. Exhibit E — Easement Plat
APPROVED AS TO CONTENT:
Engineering iwisio
Mel R
City Engin
SWTMFMA (B20-0040/TA20-021) Page 6
4846-9192-7982.v1
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 San Diego
On July 28, 2021
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.
YVONNE MANNION
Notary Public - California
San Diego County
Commission # 2363699
My Comm. Expires Jul 1, 2025
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
OPTIONAL
V'O . /t.-6 'o,.)
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: SWTMFMA B20-0040/TA20-021
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s): El Corporate Officer — Title(s):
El Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General
❑ Individual ❑ Attorney in Fact El Individual ❑ Attorney in Fact
0 Trustee 0 Guardian or Conservator 0 Trustee El Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Signer's Name:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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 -1 I ,.a.12 a , from San
Miguel Valley Corporation, a Colorado 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:
Seal:
CITY OF POWAY
By:
Rert J. Manis
Department of Developm taLS rvices
SWTMFMA (B20-0040/TA20-021)
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 8 OF CITY OF POWAY TRACT NO. 87-13 UNIT NO. 2, PARKWAY BUSINESS
CENTRE, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 13410, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 8, 1997.
APN: 323-481-03-00
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SITE PLAN KEYNOTES
QTY = 2 - 4' CURB INLETS
- STORMTEK ST3G AT CATCH BASIN AND CURB INLET
- 2'X3' CATCH BASINS
- 2'X2' CATCH BASIN
Exhibit C
Product Specification
SWIMS — STG3-StormTek, Full Trash Capture (FTC) Insert
Proposed FTC inserts will be installed on an existing catch basin and curb inlet located just upstream
from the public point of connection (POC) that treats all of the stormwater captured within
Building A22 property (see Exhibit B).
Inspection and Maintenance
Inspections should occur two times per year (one in the dry season and one prior to the first
qualified rain event) and after major rainfall events. All inspections completed should be logged.
FTC insert should be inspected, and digital reporting performed. Remove the grate and use a
vacuum truck or industrial vacuum to remove the trash and debris that has collected against the
filter.
EXHIBIT "D"
LEGAL DESCRIPTION
A 15.00 FOOT EASEMENT LYING WITHIN A PORTION OF LOT 8 OF CITY OF POWAY
TRACT NO. 87-13, UNIT NO. 2, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13410, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 8, 1997. THE
CENTERLINE OF SAID 15.00 FOOT EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 8, A RADIAL
BEARING TO SAID POINT BEARS NORTH 02°36'07" WEST, SAID POINT ALSO BEING
ON A 774.50 FOOT RADIUS CURVE; THENCE WESTERLY ALONG THE SOUTHERLY
LINE OF SAID LOT 8 THROUGH A CENTRAL ANGLE OF 01°53'57", 25.67 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE OF SAID
LOT 8, NORTH 04°30'04"WEST, 55.81 FEET TO A POINT HEREINAFTER REFERRED TO
AS POINT "A"; THENCE CONTINUING NORTH 04°30'04" WEST, 5.61 FEET; THENCE
SOUTH 84°24'54" EAST, 17.17 FEET TO THE END OF SAID 15.00 FOOT EASEMENT.
THENCE CONTINUING FROM SAID POINT "A", SOUTH 83°39'20" WEST, 24.58 FEET;
THENCE SOUTH 06°20'40" EAST, 30.65 FEET TO THE END OF SAID 15.00 FOOT
EASEMENT.
THE SIDELINES AT THE BEGINNING OF SAID EASEMENT TO BE LENGTHENED OR
SHORTENED SO AS TO TERMINATE ON THE SOUTHERLY LINE OF SAID LOT 8. THE
SIDELINES AT THE ENDS OF SAID EASEMENT TO TERMINATE AT RIGHT ANGLES
TO SAID EASEMENT.
CONTAINS APPROXIMATELY 1,895.0 SQUARE FEET.
Date 02/02/2021
PATRICK F. CHRISTENSEN
PLS 7208
JN 2020-61
EXHIBIT "E"
PORTION OF LOT 8 OF CITY OF POWAY TRACT 87-13 UNIT 2 MAP NO. 13410
13970
CENTERLINE PROPOSED 15.00'
ACCESS EASEMENT (TYPICAL)
LOT 8
SAL UTILITY EASEMENT
FII Ffl APRIL 8, 1997 AS
MAP NO. 13410.
STOWE DRIVE,
DATA TABLE
T NO. DIRECTION DISTANCE
1 N 04°30'04' W 5.61'
2 S 84°24'54' E 17.17'
3 S 83°39'20` W 24.58'
4 S 06°20'40' E 30.65'
CE
&S
POWAY, CA 92064
l'////4
I
f
V
SCALE 16= 20'
LOT J
-------------
I
1 - ---- - - R=774.50' POBi
D=1°53'57' Zj
L=25.67' 01
OI
J
gI
LEGEND
P0B POINT OF BEGINNING
PT POINT
RAD RADIAL
TPOB TRUE POINT OF BEGINNING
INDICATES PROPOSED ACCESS EASEMENT
CONTAINS 1,895.0 S.F.
„WV\ 12-14-20
PATRICK F. CHRISTENSEN, L.S. 7208 Date
CHRISTENSEN ENGINEERING & SURVEYING
CIVIL ENGINEERS LAND SURVEYORS PLANNERS
7888 SILVERTON AVENUE, SUITE 'J', SAN DIEGO, CALIFORNIA 92126
TELEPHONE' (858)271-9901 EMAIL' CEANDSoAOL.COM
ORIG.07-08-20
REV. 09-28-20
REV. 10-30-20
JN 2020-61