Loading...
Storm Water Management Facilities Maintenance Agreement 2023-01917227/20/23, 12:39 PM Batch 16026360 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 APN: 317-280-58 DOC# 2023-0191722 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIII Jul 20, 2023 11:35 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 13 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT 13475 Danielson St (B20-0241 /TA20-009) 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) CPI Apartment Fund 10, LLC, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is undergoing tenant improvements, in accordance with applications for a Building Permit Number B20- 0241, 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 Management Facilities which are identified as "Best Management Practices" or "BMPs": Four (4) customized Advanced Drainage Systems FLEXSTORM filters located throughout the site as shown on Exhibit "B". The precise location(s) and extent of the BMPs are indicated on the approved building plans on file with CITY's Development Services Department as B20-0241. 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 https:Hgs.secure-recording.com/Batch/Confirmation/16026360 1/2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN: 317-280-58 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT 13475 Danielson St (B20-0241 /TA20-009) 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) CPI Apartment Fund 10, LLC, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is undergoing tenant improvements, in accordance with applications for a Building Permit Number B20- 0241, 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 Management Facilities which are identified as "Best Management Practices" or "BMPs": Four (4) customized Advanced Drainage Systems FLEXSTORM filters located throughout the site as shown on Exhibit "B". The precise location(s) and extent of the BMPs are indicated on the approved building plans on file with CITY's Development Services Department as B20-0241. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness and the approximate location of the BMPs are as set forth in the Operation and Maintenance Plan (hereinafter "O&M PLAN"), which is attached hereto and incorporated herein as Exhibit "C". Because additional impervious area may require the addition of or alteration of storm water management facilities and strategies, no impervious area or additional drains may be added to the project site without prior approval from the City Engineer. 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: 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 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. 3. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, or any lot or portion of the PROPERTY which is served by the above BMPs, and also prior to transferring ownership of any such BMP, provide clear written notice of the above described maintenance obligations to the transferee. 4. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER SWMFMA (TA20-009) Page 2 and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is", and shall be covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 5. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across all of the PROPERTY, for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above. CITY shall have the right, at any time and without prior notice to OWNER, to enter upon any part of said area as may be necessary or convenient for such purposes. OWNER shall at all times maintain the PROPERTY so as to make CITY's access clear and unobstructed. 6. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Any notice or communication to the City related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 7. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY PARTIES"), against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS"), related to this Agreement (specifically including but not limited to OWNER's alleged noncompliance with the Trash Amendment or the Stormwater Ordinance), and arising either directly or indirectly from any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's approval of the development application or plans and specifications, or inspection of the work is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. 8. Allocation of Costs. Following the sale or transfer of any individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. SWMFMA (TA20-009) Page 3 9. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. 10. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 11. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the Director of Development Services acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be terminated and OWNER and the PROPERTY released from the covenants set forth herein, by a release, which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 12. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. OWNER hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 13. Attorney's Fees. The prevailing party in any action or proceeding to enforce or interpret the terms of this Agreement shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: CPI Apartment Fund 10, LLC Date: 63 - (%-2d L*fa Rocha, ProjeU Maffager/Designer BN-Design as agent for CPI Apartment Fund 10, LLC (signature must be notarized) SWMFMA (TA20-009) Page 4 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 Son D`cc b On 3 ' I L,' i 7�U-2-C) before me, `RUc�IcttA Abe pv) i�rr�D�e� , NOTARY PUBLIC ere insert name and title o7 f the officer personally appeared �AP Qocha who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ('2" A Notary P tic Signatur6✓ Q_0�=k,U LTDY ASAYON ORDONQCOMM. #2242205 NOTARY PUBLIC-CALIFORNIASAN DIEGO COUNTYMy Commissar Expires MAY 12, 2022 (Notary Public Seal) AINSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgements from other states may be completed for documents being sent to that state so long las the wording does not require the California notary to violate California notary g+o r m w014er Mrs n oiq em en (Title or description of attached document) ° State and County infomration must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Povl4i* es Mt/� n- e n n r)ce )N Yet m ° Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) 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 Number of Pages Document Date l� �Z� 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. CAPACITY CLAIMED BY THE SIGNER 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 ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer ° 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 (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -In -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other A U - h 0 rl �e Gl S I Qri e r 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 S corporate officer, indicate the trtle (i.e. CEO, CFO, ecretary). Securely attach this document to the signed document with a staple. 1(800)599-2923 1 1(310)242-7775 t*rww.TheNotaryL a;b.com CITY OF POWAY: Rob rt J. Manis Director of Development Services APPROVED AS TO FORM: Office of the City Attorney Alan Fenstermacher City Attorney Date: 7/1,1, �& (signature must be notarized) APPROVED AS TO CONTENT: Engineering Division M lody Ro co, P.E. City Engineer Attachments 1. Certificate of Acceptance 2. Letter of Authorization from CPI Apartment Fund 10 3. Exhibit A — Legal Description of Property 4. Exhibit B — Location of BMPs 5. Exhibit C — Operation and Maintenance Plan M:\engserv\Land Development Projects\2020\TA20-\TA20-009 13475 Danielson St\13475 Danielson St SWMFMA.docx SWMFMA (TA20-009) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �cce�;c;r•,c; C�,e� er�,c�;u�,c�,c�t�.c�;t�id.�^cc C',cr�'�=P,c�,cr..ctx 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 13, 2023 Date personally appeared before me, Yvonne Mannion, Notary Public Here Insert Name and Title of the Officer 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. 06--v".1"My YVONNE MANNION Notary Public - California Z San Diego County Commission # 2363699 Comm. Expires Jul 1, 2025 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 ` <, ` Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Storm Water Management Facilities maintenance Agreement B20-0241/TA20-009 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 n nther: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthinv Signer Is Representing: ©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) 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 5 r �� �Ll;� from CPI Apartment Fund 10, LLC, 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: *1 /4�3 Seal: CITY OF POWAY Z ices SWMFMA (TA20-009) Page 6 0 COSEO PROPERTIES, INC. March 5, 2020 Notarized City of Poway Building Department 13325 Civic Center Drive Poway, CA 92064 Re: Letter of Authorization 13475 Danielson Street, Poway, California 92064 To Whom It May Concern: This letter authorizes RBN-Design to pull permits and sign applications from the City of Poway on behalf of CPI Apartment Fund 10, LLC. I certify that I am authorized to sign on behalf of CPI Apartment Fund 10, LLC and that CPI Apartment Fund 10, LLC is the owner of the above referenced address and parcel number 317-280-5800. Sincerely, 6 Jeffrey D. Stites Chief Operating Officer cc: RBN-Design, Laura Rocha Dee Ordonez, Covey Commercial CPI Apartment Fund 10, LLC Enclosure: California All -Purpose Certificate of Acknowledgement 10920 Via Frontera Suite 500 San Diego, California 92127 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this State of California I certificate verifies only the identity of the 11 Q I Ip �O individual who signed the document to which this j County of V l certificate Is attached, and not the truthfulness, a accuracy, or validity of that document. On �yc h 5 Z17� before me, �� �G1,U AkGl� D" �rnL)nD+-a �gg {{� �r (Her6 insert name and title of the officer) personally appeared \1 t T���� b' 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 CalifDmia that the foregoing paragraph is true and correct. RUELDY ABAYON ORDONEZ COMM. #2242205 WITNESS my hand and official seal. NOTARY PUBLIC-CAUFORNIA SAN DIEGO COUNTY MyCommiss Expres (Notary Seal) MAY 12.2022 Signature of No Public t �� ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title of description of attached document) -� +-N Cif �q- Pawl (Title or description of attached document continued) Number of Pages I Document Date-S I 5 IX-1-0 (Additional information) CAPACITY CLAIN ED BY THE SIGNER ❑/Individual (s) Corporate Officer K' rni:�b�n V +Gt r Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate aclanowledgment form must be properly completed and attached to that document. The only exc p ion is :f a document is to be recorded outside of California In such instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document cm•efully for proper notarial wording and attach this fonn if required • State and County information must be the State and County where the document signers) personally appeared before the notary public for aclmowledgment • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acmowledgment is completed. • The notary public must print bis or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document sigaer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le. lie/she/the},— 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 2009 Version CAPAv12.10.07 800-873-9865 www,NotuyClasses.com EXHIBIT A LEGAL DESCRIPTION Real property in the City of Poway, County of San Diego, State of California, described as follows: A PORTION OF LOT 15 OF THE CITY OF POWAY TRACT 87-13 UNIT 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 2, 1993 AS INSTRUMENT NO. 1993-0129956 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 15; THENCE THE FOLLOWING COURSES: NORTH 87 DEGREES 40'02" WEST 299.00 FEET; THENCE NORTH 2 DEGREES 19'58" EAST 438.85 FEET; THENCE NORTH 88 DEGREES 45'00" EAST 299.59 FEET; THENCE SOUTH 2 DEGREES 19'58" WEST 457.57 FEET TO THE POINT OF BEGINNING. APN : 317-280-58-00 A pS EXHIBIT B LOCATION OF STORM DRAIN FILTERS DANIELSON STREET SCRIPPS POWAY PARKWAY N W+E S EXHIBIT C OPERATION & MAINTENANCE PLAN Three (3) Services Annually Performed by DownStream Services, Inc. V Service- April — Filter install/ Inspect and Clean 2nd Service- August — Inspect and Clean 3rd Service- December — Inspect and Clean Devices to be Services: INLET #1 - CUSTOMIZED ADS FILTER 18"X35" 62HD3618FX INLET #2 - CUSTOMIZED ADS FILTER 18"X35" 62HD3618FX INLET #3 - CUSTOMIZED ADS FILTER 24"X24" 62HD24SFX INLET #4 - CUSTOMIZED ADS FILTER 18"X35" 62HD3618FX Inlet Maintenance Program Details During each visit to the inlets, DSI will track the following items: amount and type of material found, identification of sensory "point sources" of pollution that may be impacting your system, replace the absorbent pouches as needed, and the date and time of each visit. Each inlet will have a separate identification number for tracking purposes. If approval for the changing of absorbent pouches is needed, please note that on the contract. Services and Maintenance Procedures: Each service will include removal of debris and broom cleaning around the inlet. The inlet grate or cover will be removed and the filter structure inspected for damage, if applicable. Any loose dirt, silt, impediment, or debris resting on or in the immediate area surrounding the inlet will be removed. The installed absorbent pouches will be inspected for remaining useful life and replaced per the Service Plan, if applicable. The area will be broom -cleaned once more and the grate or cover replaced. Subsequent to the service, the land owner and the city involved will be furnished with certificates of service. DSI is not responsible for any violation of the MS4 permit that occurs from non -service due to non-payment. If appointments are required for access and DSI arrives onsite with no access client will be charged a $350.00 cancellation fee.