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Storm Water Trash Facilities Maintenance Agreement 2022-0120822RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2022-0120822 1111IIIIIIII IIIIIIIIIIII111111IIIIIIII1111III11II III III Mar 18, 2022 08:49 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $92.00 (SB2 Atkins: $0.00) PAGES: 27 (THIS SPACE FOR RECORDER'S USE) APN: 314-710-29, 314-710-30, 314-710-32, 314-710-37, 314-710-38, 314-710-39, 314-710-40 STORM WATER TRASH FACILITIES MAINTENANCE AGREEMENT Twin Peaks Shopping Center (DR20-008) 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 Trash Facilities is entered into between Regency Centers LP, Target Corporation, Mohrhoff Family Trust, Walecki Family Trust, Regency Centers Corporation, Haggen OPCO South LLC, and Twin Peaks Realty 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 improved with facade upgrades and tenant improvements for a grocery store, in accordance with applications for a Development Review 20-008, 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 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": Thirteen connector pipe screens located throughout the site as shown on Exhibit "B". The precise locations and extent of the BMPs are indicated on the approved building plans on file with CITY's Development Services Department as B20-1742, B20-2093, B20-2124, B20-2125 and B20- 2130. 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". SWTFMA (B20-1742, B20-2093, B20-2124, B20-2125 and B20-2130) Because additional drains may require the addition of or alteration of storm water 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 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 SWTFMA (B20-1742, B20-2093, B20-2124, B20-2125 and B20-2130) Page 2 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, 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 upon reasonable 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 (B20-1742, B20-2093, B20-2124, B20-2125 and B20-2130) 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. 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 of 314-710-40-00: Target Corporation / Regency Centers LP Patrick Conway Its: Date: 42 6 SWTFMA (B20-1742, B20-2093, B20-2124, B20-2125 and B20-2130) Page 4 OWNER of 314-710-30-00 and 314-710-32-00: Regency Centers LP Byo �_ Its: Patrick Conway Date: IZ / OWNER of 314-710-39-00: Mohrhoff Family Trust, dated April 16, 1987 By: r Roger- Mohrhoff, Trustee Date: AS1 /7- 2-- OWNER of 314-710-29-00: Walecki Family Trust, dated January 05, 1996 By ,aizt 4-4(4 Ron Walecki, Trustee Date: 02- 2.^ ,2 ©22 OWNER of 314-710-37-00: Haggen OPCO South LLC / Twin Peaks Realty Corporation Bye`=9 Patrick Conway Its: Date: i I Z 6/ OWNER of 314-710-38-00: Regency Centers Corporation Patrick Conway Its: _" g Date: (signature must be notarized) Co SWTFMA (B20-1742, B20-2093, B20-2124, B20-2125 and B20-2130) 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 On cj 14 _ before me, Date Here insert Name and ▪ Title of the 'fficer p .rams ally appeared _AO:4C '1 I'/ !i Name' 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. KAVITA MMITTAL����� Commission No. 2293315 z NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires June 15, 2023 it Place Notary Seal Above WITNESS my hand and official seal. Signature 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: Document Date: Signer(s) Other Than Named Above: Number of Pages: 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: ©2015 National Notary Association • www.NationalNotary.ora • 1-800-US NOTARY (1-800-876-6827) Item-`5907 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On 1/31/2022 before me, Kristin Muller, Notary Public (Here insert name and title of the officer) personally appeared Roger Mohrhoff who proved to me on the basis of satisfactory evidence to be the person,(s)'whose name.(% is/a(e subscribed to the within instrument and acknowledged to me that he/shre/trey executed the same in his/ber/theli authorized capacity(ies), and that by his/ tlx6ir signature( jon the instrument the person,O 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. Not%fElic Signature (Notary Public Seal) KRIS T IN MULLER Notary Public • California Los Angeles County Commission # 2320951 My Comm. Expires Feb 9, 2024 ♦ ♦ INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisforrn complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other www.NotaryClasses.com 800-873-9865 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Los Angeles } On 2/02/2022 before me, Kristin Muller, Notary Public (Here insert name and title of the officer) personally appeared Ron Walecki who proved to me on the basis of satisfactory evidence to be the personas-} whose named is/are subscribed to the within instrument and acknowledged to me that he/sJakeith4y executed the same in his/Wheliauthorized capacity(iet), and that by his/tyerlthefr signature( on the instrument the person(-s`', or the entity upon behalf of which the personal 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. Notary 'ublic Signature (Notary Public Seal) KRISTIN MULLER Notary Public - California Los Angeles County Commission # 2320951 My Comm, Expires Feb 9, 2024 ♦ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other www.NotaryClasses.com 800-873-9865 ♦ INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states nzay be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk, • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CITY OF,'OWAY: Date: z ` �, Ro•: J. Manis Direc or of Development Sery (signature must be notarized) APPROVED AS TO FORM: Office of the City Attorney Alan Fenstermacher City Attorney Attachments 1. Certificate of Acceptance 2. Exhibit A — Legal Description of Property 3. Exhibit B — Location of BMPs 4. Exhibit C — Operation and Maintenance Plan APPROVED AS TO CONTENT: Engineering Division Mblod.&6cco, P.E. City Engineer SWTFMA (B20-1742, B20-2093, B20-2124, B20-2125 and B20-2130) Page 6 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 February 22, 2022 Date before me, Yvonne Mannion, Notary Public 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 JIM, Jr", a A a A a a .AL tea, YVONNE MANNION Notary Public - California Z 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 ,i lf�',�� �/ ,�i,�; „J Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Storm Water Trash Facilities Maintenance Agreement DR20-008 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 CERTIFICATE OF ACCEPTANCE (Storm Water Trash 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 1.)--' la , from OWNER, 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: Z7/7 ZZ CITY OF POWAY Seal: By: R bert J. Manis Department of Development " ices SWTFMA (B20-1742, B20-2093, B20-2124, B20-2125 and B20-2130) EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCELS 1, 2, 4, 5, 9 AND 10 OF PARCEL MAP NO. 15808, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1989. PARCEL 8 314-710-22 r ------ --4/ WII PARCEL 7 3_1,4- 10--(17 =1111 PARCEL 6 314-710.-41 O II PARCEL 4 314-710-39 PARCEL 9 314-710-30 EXISTING MARKET BUILDING PARCEL 31 314-710-33 ° PARCEL 1 314-710-41 EXISI`ING TARGET STORE PARCEL 2 314-7 0-32 0 O co O oo O \ PARCEL 11 314-710-35 STORAWATER BAP KEYNOTES: (D CONNECTOR PIPE SCREEN. BRIGHT WATER PART N0. BWCPS2424U. 02 CONNECTOR PIPE SCREEN. BRIGHT WATER PART NO. BW-CUST 03 CONNECTOR PIPE SCREEN. B/0 CLEAN ENVIRONMENTAL SERVICES, INC. PART NO.LJ.7RAND LJ7 JN:20-118 5-6-21 AMPO ;ENGINEERING, INC. 171 SAXOVYROAD, SUITE 21,E &XCW A$ CA 92024 1EL: (760) 436-0660 FAX (760) 436-0659 STORMWA TER SUP EXHIBIT B TWIN PEAKS SHOPPING CENTER NEW EXTERIOR FINISHES 14721-14905 POMERADO RD SHEET 1 OF 1 ., a�f�it''4? ' BrighLWker 141 Inspection & Maintenance Guide for Connector Pipe Screens EXHIBIT "C" Inspection and Maintenance Guide For more information, please contact customerserviceCa@wearebrightwater.com P.O. Box 85430 I San Diego, California 92186 I (619) 821-1558 I www.wearebrightwater.com Manual - I8M • CPS - Venion SW].00.doa 40,10 1 Bri g h Wa Ler Inspection & Maintenance Guide for Connector Pipe Screens OVERVIEVV: The BrightWaterTM Connector Pipe Screen (CPS) is a post -construction, stormwater Best Management Practice (BMP) designed to capture 100% of trash and debris 5mm and larger in size from stormwater systems. The device, which consists of a metal screen and mounting framework, installs in front of the outlet pipe (connector pipe) of a curb inlet or drop inlet catch basin and screens for gross pollutants such as trash and debris effectively converting an existing or new catch basin into a treatment device. The Device is typically implemented to comply with Federal, State, and Local Clean Water Act regulations and Full Trash Capture compliance. To ensure proper function of the Device and continued protection of the receiving water bodies, the Device must be regularly inspected and maintained. These requirements to inspect and maintain apply to all stormwater BMPs regardless of type, function or even brand. This guideline contains recommendations and requirements for the inspection and maintenance specific to the BrightWaterTM Connector Pipe Screen. CURB CURB INLET OPENING GUTTER BRIGHTWATERTM CONNECTOR PIPE SCREEN INSTALLED IN A CURB INLET STYLE CATCH CURB INLET ----CATCH BASIN MANHOLE COVER , CONNECTOR PIPE SCREEN Figure 1- BrightwaterTM Connector Pipe Screen Diagram INSPECTION OVERVIEW: A thorough inspection program is necessary to ensure the treatment Device is operating as intended and providing the necessary pollutant removal. An actively practiced inspection program can also minimize unnecessary maintenance and provide insight to the status of the For more information, please contact customerservice@wearebrightwater.com P.O. Box 85430 I San Diego, California 92186 I (619) 821-1558 I www.wearebrightwater.com 2 Manual -18.1N• CPS- Version BIA/1.00.docK BrighIWater Inspection & Maintenance Guide for Connector Pipe Screens receiving water bodies. An inspection program should be structured based on the type of treatment Device as well as the location and function of the treatment Device. It is critical to closely monitor and document the first year of operation after initial installation in order to develop a long term maintenance plan for the Device that is consistent with the environmental requirements of the installation. INSPECTION FREQUENCY AND TIMING: The BrightWaterTM Connector Pipe Screen should be inspected on a routine and recurring basis. The frequency and timing of the inspections can be variable based on the configuration of the Device, location of the Device within the drainage system, and the geographic region of installation. During the first year of operation, after initial installation, the Connector Pipe Screen should be inspected more frequently to create a baseline of understanding for operation of the Device. Subsequent years of operation can have reduced inspection provided no anomalous events occur during the year. • First Year Inspection — A minimum of three inspections in the first year are recommended. The first inspection should occur on or around the start of the rainy season with the last inspection occurring on or around the end of the rainy season. If the region of installation has no definitive rainy season, inspections should be spaced evenly throughout the year. Maintenance visits may coincide with inspection visits. • Second Year and Subsequent Year Inspections — A minimum of two inspections per year are recommended. The first inspection should occur on or around the start of the rainy season and the final inspection should occur on or around the end of the rainy season. If the region of installation has no definitive rainy season, inspections should be spaced evenly throughout the year. If during the first year inspection the Device and/or location is determined have high pollutant loadings or atypical loadings of sediment, trash and debris, additional inspections may be necessary. Maintenance visits may coincide with inspection visits. INSPECTION EQUIPMENT: The following equipment and tools are recommended to facilitate inspection of the BrightWaterTM Connector Pipe Screen: • Personal Protective Equipment (PPE) including but not limited to pants, long sleeve shirt, boots, gloves, eye protection, hearing protection, head protection, and high visibility safety vest. • Work Zone safety equipment including but not limited to safety cones, street barricades, traffic control signage, and open manhole barricades. For more information, please contact customerservice@wearebrightwater.com P.O. Box 85430 I San Diego, California 92186 I (619) 821-1558 I www.wearebrightwater.com 3 Manual • lEM - CPS • Vardar! BW1 OO,Locv �.r Bright.Water Inspection & Maintenance Guide for Connector Pipe Screens • Manhole Hook/Removal Tool or similar. • Flashlight. • Tape Measure. • Digital Camera. • A treatment Device Inspection and Maintenance form for documenting the inspection visit. (A BrightWaterTM Inspection and Maintenance form is included with this document.) INSPECTION PROCEDURES: The BrightWaterTM Connector Pipe Screen can be inspected without entry into the catch basin. The Inspection should begin by preparing and installing all safety measures followed by the inspection and documentation. Specific procedures for the inspection are detailed below: • Adorn all PPE and prepare documentation equipment. • Install all Work Zone safety equipment and conduct a brief safety meeting. Work Zone safety equipment should protect the inspector(s) from vehicular traffic and should also isolate and protect pedestrians and vehicles from the work zone. • Remove the manhole cover utilizing the manhole puller/remover and safely set aside out of the way of the inspection operations and pedestrians or vehicles. • Inspect the gutter, curb face, and curb opening. — The areas outside of the catch basin should be free from debris, obstructions and standing water. The presence of any of these conditions outside of the catch basin are potential indicators of maintenance that may be necessary for the Connector Pipe Screen. If any of these maintenance indicators are encountered they should be documented and, depending on severity, should be rectified through recommended maintenance. Maintenance may occur simultaneously with inspection provided the maintenance indicators have already been documented. • Utilizing a flashlight, inspect the interior of the catch basin — Once outfitted with a Connector Pipe Screen, the interior of the catch basin is converted into a stormwater treatment device and acts as both the treatment and storage vessel for pollutants. For more information, please contact customerservice@wearebrightwater.com P.O. Box 85430 1 San Diego, California 92186 I (619) 821-1558 I www.wearebrightwater.com 4 Manual - IBM - CPS - Version 1.1.00.don BrighIWaLer Inspection & Maintenance Guide for Connector Pipe Screens Pollutants such as trash, debris, and sediment are expected to be captured inside of the catch basin. The presence of such pollutants are indicators the Device is operating as intended. Conversely, the lack of such pollutants present in the Device may be an indicator that the Device or stormwater system is not functioning as intended. The quantities of pollutants should be documented and compared with the maximum capacities for the Device and maintenance recommended as necessary. • Inspect the area behind the CPS and the Connector pipe. - The area behind the Connector Pipe Screen and the Connector Pipe itself should be free from debris, obstructions, and standing water. The presence of any of these conditions downstream of the treatment Device are potential indicators of maintenance that may be necessary for the Connector Pipe Screen treatment system. If any of these maintenance indicators are encountered, they should be documented and depending on the severity, should be rectified through recommended maintenance. Maintenance may occur simultaneously with inspection provided the maintenance indicators have already been documented. • Inspect the Connector Pipe Screen for physical or structural anomalies. — The CPS should be firmly mounted to the catch basin wall and floor and there should be no loose or missing hardware. No gaps in excess of 5mm should be present. Bent, Broken, or otherwise damaged structural components should documented and maintained. • Finalize the Documentation and Inspection Form — Photograph the conditions of interior and exterior of the catch basin and Connector Pipe Screen. Document the inspection event utilizing the Treatment Device Inspection Form included with this manual or similar. The presence of standing water or vector such as mosquitos should be highlighted in the inspection form. The local vector control agency should be notified if mosquitos are present in the catch basin or treatment Device. • Replace the manhole cover and remove all Work Zone Safety Equipment. Confined Space Entry is typically not required for routine inspections of standard installations. Confined space entry protocol should be followed should circumstances require entry into the catch basin for inspection. MAINTENANCE OVERVIEW: To ensure proper function of the BrightWaterTM Connector Pipe Screen and to ensure continued protection of the receiving water bodies, the Device must be regularly maintained. A maintenance program should be structured based on the type of treatment Device as well as the location and function of the treatment Device. It is also important to incorporate data received from the inspection program into the maintenance recommendations to ensure proper function but also to minimize unnecessary maintenance. It is important to recognize that maintenance operations include a wide variety of operations and not all operations have to occur during each maintenance cycle. Maintenance may consist solely of trash and debris For more information, please contact customerservice@wearebrightwater.com P.O. Box 85430 I San Diego, California 92186 I (619) 821-1558 I www.wearebrightwater.com 5 Manua: • I&M- CPS •VP Ian BW1.00. doc+ BrightWaLer Inspection & Maintenance Guide for Connector Pipe Screens removal or may consist of repair and replacement of components. A customized maintenance program provides the most benefit to operation while minimizing maintenance costs. MAINTENANCE FREQUENCY AND TIMING: BrightWaterTM Connector Pipe Screens should be maintained on a routine and recurring basis. The frequency and timing of the maintenance can be variable based on the configuration of the Device, location of the Device within the drainage system, and the geographic region of installation. During the first year of operation, after initial installation, the Connector Pipe Screen may need to be maintained more frequently to create a baseline of understanding for operation of the Device. Subsequent years of operation may have reduced maintenance provided no anomalous events occur during the year. • First Year Maintenance — A minimum of three maintenance visits in the first year are recommended. The first maintenance visit should occur on or around the start of the rainy season with the last maintenance visit occurring on or around the end of the rainy season. If the region of installation has no definitive rainy season, maintenance visits should be spaced evenly throughout the year. Maintenance visits may coincide with inspection visits. • Second Year and Subsequent Year Maintenance — A minimum of two maintenance visits per year are recommended. The first maintenance visit should occur on or around the start of the rainy season and the final maintenance visit should occur on or around the end of the rainy season. If the region of installation has no definitive rainy season, maintenance visits should be spaced evenly throughout the year. If during the first year inspection the Device and/or location is determined have high pollutant loadings or atypical loadings of sediment, trash and debris, additional maintenance visits may be necessary. Maintenance visits may coincide with inspection visits. MAINTENANCE EQUIPMENT: The following equipment and tools are recommended to facilitate maintenance of the BrightWaterTM Connector Pipe Screen: • Personal Protective Equipment (PPE) including but not limited to pants, long sleeve shirt, boots, gloves, eye protection, hearing protection, head protection, and high visibility safety vest. • Work Zone safety equipment including but not limited to safety cones, street barricades, traffic control signage, and open manhole barricades. • Manhole Hook/Removal Tool or similar. • Flashlight. For more information, please contact customerservice@wearebrightwater.com P.O. Box 85430 I San Diego, California 92186 I (619) 821-1558 ( www.wearebrightwater.com 6 Manual - I&M - CPS -Version BM 00.do“ y�y�4a�+�11�1 BrightWater Inspection & Maintenance Guide for Connector Pipe Screens • Tape Measure. • Digital Camera. • Small hand tools such as wrenches, screw drivers, and socket set. • Industrial Vacuum (Truck mounted, trailer mounted, or portable) • A treatment Device Inspection and Maintenance form for documenting the inspection visit. (A BrightWaterTM Inspection and Maintenance form is included with this document.) MAINTENANCE PROCEDURES: The BrightWaterTM Connector Pipe Screen can be routinely maintained without entry into the catch basin for most applications. Maintenance should begin by preparing and installing all safety measures followed by Inspection and documentation. Specific procedures for Maintenance are detailed below: • Adorn all PPE and prepare documentation equipment. • Install all Work Zone safety equipment and conduct a brief safety meeting. Work Zone safety equipment should protect the maintenance personnel from vehicular traffic and should also isolate and protect pedestrians and vehicles from the work zone. • Remove the manhole cover utilizing the manhole puller/remover and safely set aside out of the way of the inspection operations and pedestrians or vehicles. • If during inspection it is determined the accumulated trash, debris, and sediment requires removal, an industrial vacuum should be utilized to remove the material. Using a reduced diameter suction hose, vacuum the trash, debris, and sediment from the interior of the catch basin. Figure 2 and Figure 3 illustrate typical maintenance scenarios. The suction hose is inserted through the manhole opening as illustrated in Figure 2 and Figure 3. The suction hose should be maneuvered around within the interior of the catch basin removing all trash, debris, and sediment. A pressure washing wand may be utilized to assist this process by freeing stubborn and clogged material from the screen of the Device. The suction hose should remain inside the catch basin at the front edge of the screen while the Device is being washed down. For more information, please contact customerservice@wearebrightwater.com P.O. Box 85430 I San Diego, California 92186 I (619) 821-1558 I www.wearebrightwater.com 7 Manual -1&M • CPS- Version &WS.00.tlac[ 41i BrighrWaler Inspection & Maintenance Guide for Connector Pipe Screens BRIGHTWATERTM CONNECTOR PIPE SCREEN MAINTENANCE - SCENARIO 1 CURB INLET OPENING INDUSTRIAL VACUUM - HOSE CURB INLET / CATCH BASIN MANHOLE /OPENING CONNECTOR PIPE SCREEN OUTLET PIPE Figure 2 - BrightwaterTM Connector Pipe Screen Maintenance Scenario 1 BRIG HTWATERTM CONNECTOR PIPE SCREEN MAINTENANCE - SCENARIO 2 DEFLECTOR PLATE ASSEMBLLY- CONNECTOR PIPE SCREEN -- OUTLET PIPE INDUSTRIAL VAC U U M HOSE MANHOLE OPENING \ CURB INLET CATCH BASIN Figure 3 - BrightwaterTM Connector Pipe Screen Maintenance Scenario 2 For more information, please contact customerservicePwearebrightwater.com P.O. Box 85430 I San Diego, California 92186 ( (619) 821-1558 I www.wearebrightwater.com 8 Manual • 1&M- CPS -Version B W1.W.deca BrightWater Inspection & Maintenance Guide for Connector Pipe Screens • Trash and debris may accumulate on the top of the Deflector Plate Assembly. (See Figure 3.) This material should be removed during the maintenance visit by either utilizing the vacuum hose directly on top of the Deflector Plate or by utilizing the pressure washing wand to rinse the material from the Deflector Plate onto the floor of the catch basin where the vacuum hose can suck the material up. • Removed trash, debris, and sediment should be disposed of following local, state, and federal guidelines. Typically this material is considered non -hazardous waste and can be disposed of in the standard waste stream. If oil and grease are determined to be present amongst the trash, debris, and sediment, the material should be disposed of following local, state, and federal guidelines. Depending on oil content, this material may be classified as hazardous waste and should be disposed of according to local, state, and federal guidelines. • Finalize the Documentation and Maintenance Form — Photograph the conditions of interior and exterior of the catch basin and Connector Pipe Screen. Document the maintenance event utilizing the Treatment Device Inspection Form included with this manual or similar. The presence of standing water or vector such as mosquitos should be highlighted in the maintenance form. The local vector control agency should be notified if mosquitos are present in the catch basin or treatment Device. • Replace the manhole cover and remove all Work Zone Safety Equipment. 9 For more information, please contact customerservice@wearebrightwater.com P.O. Box 85430 I San Diego, California 92186 I (619) 821-1558 ( www.wearebrightwater.com Manual - I&M • CPS • version 9W1 OO.done BrighEWaLer Inspection & Maintenance Guide for Connector Pipe Screens INSPECTION & MAINTENANCE FORM Site Site Name: Address: (City) NPDES Owner/Operator Site Phone: Inspector Phone: Date Type Visit Tracking Name: Contact: (State) (Zip Code) No. ( ) - Email: Name: ( ) - Email: of Visit: / / Time of Visit: AM / PM of Visit: ❑ Scheduled ❑ Pre -Storm ❑ During Storm ❑ Post -Storm ❑ Emergency Purpose: ❑ Inspection ❑ Maintenance ❑ Both BMP ID BMP Location Map or GPS Coordinates} Trash Load (yd)a Debris Load s (yd } Sediment Load a (yd } Screen Condition Structure Condition General Condition of BMP(Site Corrective Action Required or Performed (Continued on next page.) For more information, please contact customerservice@wearebrightwater.com P.O. Box 85430 1 San Diego, California 92186 ( (619) 821-1558 1 www.wearebrightwater.com 10 Manual - I&M • CPS • Version 6W 1.00 dosx BrightWater Inspection & Maintenance Guide for Connector Pipe Screens INSPECTION & MAINTENANCE FORM (Continued) M E3MP BMP location ite Map or GPS Coordinates) Trash Load {yd) Debris Load {yd) Sediment Load (yd ) Screen Condition Structure Condition General Condition of BMP Corrective Action Required or Performed CERTIFICATION STATEMENT "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Print name and title: Signature: Date: For more information, please contact customerservicePwearebrightwater.com P.O. Box 85430 I San Diego, California 92186 I (619) 821-1558 I www.wearebrightwater.com 11 Manual - r&M • CPS • Ver:mn 9W 1.00 eon PE u A Forterra Company T A Forterra Company OPERATION & MAINTENANCE CPS devices should be maintained by individuals who are trained in proper disposal procedures, confined space entry and traffic safety regulations. When servicing a Bio Clean CPS device be sure to follow all safety and traffic control protocols as well as wearing all proper personal protection equipment such as gloves, safety glasses, hard-hat, safety vest and work boots. Visual Inspection 1. Begin by inspecting the inflow of the catch basin where the Bio Clean CPS device is located. Check for any obstructions to inflow of the CB unit. If any large obstructions are found, have them removed. Once the inflow inspection is completed, remove the man -hole cover for further inspection. (Note: Confined Space Entry Procedures may apply if trained personnel intend to enter the interior space of any Catch Basin. Please follow all applicable confined space entry procedures) 2. Remove the manhole cover and visually estimate the amount and types of debris found in the CB unit. Look for any visual signs of damage that may compromise the CB unit to function properly. Inspect for any standing water in the CB unit as well as for large amounts of sediment and debris surrounding the CPS device. If standing water and high sediment volume is found, remove water, sediment and debris by vacuum truck or by other debris removal methods. 11 Page A Forterra Company Cleaning Procedures and Frequencies 1. Like all other storm water BMP's, Bio Clean CPS devices require periodic maintenance. Routine inspection and maintenance intervals for all CPS devices are typically twice per year for inspections and once per year for maintenance service. Bio Clean CPS devices may require more frequent maintenance service if the device is located in a high debris loading drainage area, such as certain downtown areas, retail/restaurant, or residential areas where a significant amount of vegetation/foliage is located. In such cases, Bio Clean CPS devices may require more frequent inspection and maintenance service, which could range from twice per year to monthly inspection and maintenance service, depending on pollutant load conditions. 2. To begin Bio Clean CPS cleaning procedures, conduct a visual inspection of the CPS device and the surrounding area to ensure a safe working environment. Setup appropriate barriers and signage as necessary to establish a work zone surrounding the catch basin. Once the work zone has been established, remove the manhole cover from the catch basin. 3. Once the manhole cover is removed from the basin the Bio Clean CPS is ready for servicing. All debris can be removed by either a vacuum truck or manually removing sediment and debris by hand. 4. Bio Clean CPS devices shall be cleaned using a pressure washer as may be necessary if any materials are found to cause occlusion or clogging of the screen. Disposal 1. All trash and debris removed from the Bio Clean CPS unit shall be disposed of in accordance with local, state and federal regulation. 2. Solid waste disposal can be coordinated with local landfills. Liquids may need to be disposed of by wastewater treatment plant, municipal vacuum truck decant facility or approved facility. For Maintenance Services or Information Please Contact Us At: 760-433-7640 Or Email: info@biocleanenvironmental.com Wage