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Storm Water Trash Facilities Maintenance Agreement 2023-028319610/17/23, 4:20 PM Batch 16497828 Confirmation RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 DOC# 2023-0283196 IIIIIIIIIIIIIIIII III1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Oct 17, 2023 03:34 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 19 (THIS SPACE FOR RECORDER'S USE) APN: 317-190-15 through -18, 317-190-20, 317-190-28, and 317-190-39 STORM WATER TRASH FACILITIES MAINTENANCE AGREEMENT 13747 Poway Road (TA22-0013 / B22-1791) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Trash Facilities is entered into between the Property Owner(s) SRE CALIFORNIA 11 PH, 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 being developed into in accordance with application for Building Permit Number B22-1791, 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": Two (2) Litta Trap Grate Inlet Filters located at the southwest corner of 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 TA22-0013. 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 facilities and strategies, no impervious area or additional drains may be added to the project site without prior SWTFMA (TA22-0013 / B22-1791) https://gs.secure-erds.com/Batch/Confirmation/l6497828 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 (THIS SPACE FOR RECORDER'S USE) APN: 317-190-15 through -18, 317-190-20, 317-190-28, and 317-190-39 STORM WATER TRASH FACILITIES MAINTENANCE AGREEMENT 13747 Poway Road (TA22-0013 / B22-1791) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Trash Facilities is entered into between the Property Owner(s) SRE CALIFORNIA 11 PH, 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 being developed into in accordance with application for Building Permit Number B22-1791, 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": Two (2) Litta Trap Grate Inlet Filters located at the southwest corner of 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 TA22-0013. 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 facilities and strategies, no impervious area or additional drains may be added to the project site without prior SWTFMA (TA22-0013 / B22-1791) 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 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 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, SWTFMA (TA22-0013 / B22-1791) Page 2 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 be responsible for his or her equal share of the cost associated with the maintenance. SWTFMA (TA22-0013 / B22-1791) Page 3 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: SRE IFORNIA 11 PH, LLC, a California limited liability company By: Date: Heat Byrd, Chief Financial Officer (signature must be notarized) SWTFMA (TA22-0013 / B22-1791) Page 4 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 4 t Countyof 1l A,!1� On before me, (kdhWl' %�Rq t/ �i (insert name and title of the office ) personally appeared who proved to me on the bas`is'ofsatisfadtory 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 .� u that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature TT (Seal) NATALIE PAIGE DACZKOWSKI NOTARY PUBLIC MECKLENBURG COUNTY, NC W C m*sW E q*w 8-19.2026 CITY OF POWAY: Robert J. Manis z, Director of Development Services APPROVED AS TO FORM: Office of the City Atttorn/ey/ J% I VVV Alan{ Fenstermacher City Attorney Date: (signature must be notarized) 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 Tracy each City Engineer SWTFMA (TA22-0013 / B22-1791) Page 5 CALIFORNIA NOTARY ACKNOWLEDGEMENT 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 l01 fo [ ZyZ 3 before me, r✓IFt5 L.-) 66sL4(' 1Z �� I)vb rL (insert name and title of the officer), personally appeared 2Q%,.e(k '77, n i , 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. l Signature `yam. o•'�f ELUS WEBMR (Seal) W Notary Public - California San Diego County Commission # 2452080' Comm. Expires Jul 1, 2027 SWTFMA (TA22-0013 / B22-1791) Page 6 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 q1141 , from S R E CALIFORNIA 11 P H, 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: d 2 CITY OF POWAY Seal: By: RJobert J. Mani � -OF Pc-)i7, Department of Development ervices T IAI TL]F C� SWTFMA (TA22-0013 / B22-1791) EXHIBIT Y'A " (LEGAL DESCRIPTION) POWAY HONDA SERVICE BAY 13747 POWAY ROAD POWAY, CA 92064 APN. 317-190-15 through —18, —20, —28, —39 SHEET 1 OF 2 THE LAND REFERRED TO HEREIN BELOW lS SI TUA TED IN THE Cl TY OF PO WA Y, IN THE COUNTY OF SAN DIEGO, STA 7F OF CALIFORNIA, AND /S DESCRIBED AS FOLL 0WS: TOGETHER W/TH; THE WEST 70 FEET OF THE EAST 230 FEET OF THE NORTH 250 FEET OF THE NORTHEAST QUAR7ER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST. SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PO WA Y, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO UNI TED STA TES GO RERNMEN T SUR REY APPRO RED SEP TEMBER 11, 1879. ALL BEING MEASURED ALONG THE BOUNDARY LINES THEREOF. TOGETHER W/TH; THE WEST 70.00 FEET OF THE EAST 160.00 FEET OF 77-IE NORTH 250.00 FEET OF 7HE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SEC77ON 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO UNI TED STA 7FS GOVERNMENT SURREY, APPROVED SEPTEMBER 11, 1879. TOGETHER W/ TH; THE WEST 70,00 FEET OF THE EAST 90.00 FEET OF THE NORTH 250.00 FEET OF T `/E NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SEC77ON 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORD/NG TO UNITED STA TES GO VERNMENT SUR VEY, APPRO RED SEP 7EMBER 11, 1879. ALL BEING MEASURED ALONG THE BOUNDARY LINES THEREOF. Ti O7hienes Engineering, Inc. CML ENGINEERING •LAND SURWY7NG 14349 FIRESTONE BOULEVARD LA MIRADA, CALIFORNIA 90638 PH.(714)521-4811 FAX(714)521-4173 Last Update:10/12/22 0: \3800-3899\3834\EXHIBITS\3834_EXHIBIT A & B.dwg EXHIBIT " A " (LEGAL DESCRIPRON) POWAY HONDA SERVICE BAY 13747 PO WA Y ROAD POWAY, CA 92064 APN. 317-190-15 through —18, —20, —28, —39 TOGETHER W/TH; SHEET 2 OF 2 THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWA Y, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLA T THEREOF, DESCRIBED AS FOLLOWS.• COMMENCING A T THE NORTHWEST CORNER OF THE EASTERL Y 20.00 FEET OF SAID SOUTHEAST QUARTER OF SECTION IJ; THENCE ALONG THE WESTERL Y LINE OF SAID EASTERL Y 20.00 FEET SOUTH 00 09100" EAST 250.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER, NORTH 89 0830" WEST 430. 00 FEET; THENCE, SOUTH DO 09'00" EAST 195.50 FEET; THENCE SOUTH 89 08'30" EAST, 430.00 FEET TO THE WESTERLY LINE OF THE EASTERL Y 20.00 FEET OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID WESTERL Y 20.00 FEET OF SAID SOUTHEAST QUARTER; THENCE ALONG SAID WESTERL Y LINE NORTH 00 09'00" WEST, 195.50 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER W/TH; THE WEST 70.00 FEET OF THE EAST 300.00 FEET OF THE NORTH 250.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF POWA Y, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF; ALL BEING MEASURED ALONG THE BOUNDARY LINES THEREOF. TOGETHER WI TH; THE WEST 120.00 FEET OF THE EAST 420.00 FEET OF THE NORTH 250..00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWA Y, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO OFFICIAL PLA T THEREOF, ALL BEING MEASURED AL ONG THE BOUNDARY LINES THEREOF. OThienes Engineering, Inc. ©CIVIL ENGINEERING *LAND SURVEYING 14349 RRESTONE BOULEVARD QLA MIRADA, CALIFORNIA 90638 PH.(714)521-4811 FAX(714)521-4173 Last Update:10/12/22 0: \3800-3899\3834\EXHIBITS\3834—EXHIBIT A & B.dwg SCALE: 1" = 100' EXHIBIT "B" POWAY HONDA SERVICE BAY 13747 POWAY ROAD POWAY, CA 92064 APN: 317-190-15 through —18, —20, —28, —39 POWA Y SHEET 1 OF 1 PROPERTY UNE 7 - - - o - - I(�I I I I IIII Ip� Ie 0 — PRO LINE TRASHIENCLOSURE AREA P NEW IMPERVIOUS AREA UUTSERVICE SH OP HOPM-�HOP (4,791 SF) MODEL- LffTATRAP 36X36 (LTFC9060+EXTENSION KIT) F00 9date:OThienes Engineering, Inc. CMLENGINEERING • LAND SURVEYING1419 F1RE.TON. BOULEVARD LA MIRMA, CALIFORN14 906J8 Last UP /6/23 PH.(714)521-4811 FAX(714)521-417J 0:\3800-3899\3634\EXHIBITS\3834—EXHIBIT A & B.dwg EXHIBI T "C" OPERATION AND MAINTENANCE PLAN O Thienes Engineering, Inc. CML ENGINEERING • LAND SURVEYING o14349 FIRESTONE BOULEVARD M MIR.4WA 04,UFORNM 90638 Last Update: 10/12/22 Llob PH.(714)521-4811 FAX(714)521-4173 0:\3800-3899\3834\EXHIBITS\3834-EXHIBIT A & B.dwg LittaTrap Operations N and Maintenance Guide ENVIROPOD The Enviropod LittaTrap The Enviropod LittaTrap is an innovative catch basin inlet filter (insert) device designed to be easily installed into new and existing stormwater catch basins of any size or configuration. The Enviropod LittaTrap can be installed in grate (drop) inlets, curb inlets, combination grate/ curb inlets, or round manhole catch basins. Figure 1; Enviropod LittaTrap example catch basin applications shows these types of installations. The Enviropod' LittaTrap is an effective stormwater treatment technology that is designed to capture and remove a variety of stormwater pollutants conveyed in runoff, such as trash, debris, sediment, macro or micro plastic debris and other pollutants of concern. In addition, the Enviropod LittaTrap maintains catch basin hydraulic capacity and allows for easy maintenance when completely full of trash and debris. The Enviropod° LittaTrap is available in a range of standard model sizes and configurations. The Enviropod LittaTrap FC model is also approved for use by numerous State and local agencies throughout the USA as well as certified by the California State Water Resources Control Board, Trash Implementation Program. The Enviropod LittaTrap FC model is fitted with a "full capture" liner that insures 100% of particles 5mm and over are captured in the trap. The Enviropod LittaTrap FC also includes an optional hinged vector port seal (HVPS) when installed in a grated inlet or combination inlet catch basin, if required. The HVPS allows visual inspection under the basket for access by local or State Vector Control field personnel. In addition, the design of the HPVS has been approved by the Mosquito Vector Control Association of California (MVCAC) for California certified full trash capture applications. Components and Operation During a storm event, stormwater runoff flows enter a catch basin through a grate (drop) inlet, curb inlet, combination inlet or manhole type structure. The downward flow is intercepted and captured by the Enviropod® LittaTrap'" device that is placed inside the entry portion of these catch basin types. Once flow enters the Enviropod® LittaTrap", the Enviropod® LittaTrap'" seals and basket collar direct the flow over the bypass slots and into the basket and optional liner (as applicable). The LittaTrap'" seals are adjustable to ensure all particles diverted into the basket and liner will not cause "short-circuiting' or create early bypass of the design volume of runoff or treatment flows. The LittaTrap'" filter box sits on a support bracket that cantilevers off a single wall of the catch basin. The support bracket is located approximately 8 inches below the surface level creating a driving head to increase the maximum bypass flow rate without causing surface ponding. The support bracket has been structurally designed to take the load of the basket that is filled with sediment, while the peak bypass flow is conveyed into the catch basin. The patented Enviropod LittaTrap" gross pollutant basket incorporates a structural batten that has three functions: 1. Constrains the basket preventing the expansion or "bulging" so the basket can be easily removed when full of material. 2. Maintains a secondary flow path around the basket for bypass flows; and 3. Maximizes the screen area and material storage volume of the basket. Inspection and Maintenance Procedures HEALTH AND SAFETY: Enviropod recommends that owners check and utilize any applicable State and local regulatory requirements for applying a Site -Specific Safety Plan before undertaking any installation, inspection, or maintenance service. Personal Protection Equipment (PPE) is required when installing, inspecting, or maintaining a Enviropod® LittaTrapTM. Field personnel shall utilize personal protection equipment (PPE) as required, including gloves, long sleeve shirts or outwear, long pants, Hi -Viz clothing as well as steel toe shoes. For additional advice on the relevant health and safety requirements, we recommend that you consult the local health and safety regulator. INSPECTIONS: All stormwater inlet filter devices require routine inspection and maintenance service to ensure continued functionality of the device as well as identify and remove trapped contaminants and to minimize bypass. Due to the variable nature o` stormwater pollution, annual rainfall characteristics and localized site pollutant loadings, maintenance service frequencies can vary for any catch basin location. It is recommended to inspect the LittaTrap Enviropod° LittaTrap" at least four times per year during the first year of operation to determine seasonal and annual maintenance requirements. First year inspection service frequency is recommended by conducting one inspection visit for every three months after a LittaTrap" Inlet Filter device is installed and is placed in operation. However, if there is a presence of a high potential loading activity within the drainage area, it's recommended that catch basin inspection frequency be revised. High loading activity in the upstream drainage area may include the following; A high number of trees or vegetation. Construction activity. Uncovered or unsealed roadways Additional inspections are recommended after major storm events. The LittaTrap" should be inspected after a major storm event to check for any unforeseen damage or to find evidence of illicit discharge. MAINTENANCE FREQUENCY Maintenance of the EnviropodO LittaTrap'" is recommended when more than 75% of the maximum trash capture volume of the LittaTrap'" model size installed. Maintenance frequency is typically conducted 1 or 2 times per year, depending on pollutant load conditions within a particular drainage area. If applicable, maintenance frequency shall be conducted as per any local municipal or State stormwater permit requirements. MAINTENANCE PROCEDURES The Enviropod° LittaTrap'" maintenance service involves two activities. These activities are as follows: 1. Routine removal and emptying of the gross pollutant basket and liner (if used); and 2. Inspection for any structural damage or flow impedance. The recommended maintenance procedure for grate (drop) inlets or combination grate/curb inlet catch basins is for the end -user or maintenance service contractor to conduct maintenance service by "hand" to reduce operational cost. Each Enviropod° LittaTrap­ basket is fitted with lifting handles on four sides of the basket, so that maintenance personnel will have no personal contact with the captured and retained pollutants. Enviropod also recommends the use of a vacuum induction truck (ie; vactor truck or heavy industrial vacuum equipment) for the maintenance of curb entry catch basin LittaTrap inlet filter devices. Enviropod° LittaTrap"" FC Hand Maintenance It is recommended that the Enviropodu LittaTrap'" FC basket and liner be emptied when 75% Full. To empty the Enviropod" LittaTrap'" FC, it is a simple one -minute exercise "Lift, Tip, Replace". The following steps detail hand maintenance: 1. Establish a safe working area per typical catch basin service activity. 2. Remove grate/access cover. 3. Remove the basket and liner with two lifting hooks or lift by hand through the loops on the top of the basket. Excess debris should be scooped out first if the basket is over half full. 4. Pour contents of the basket and liner into a disposal container. 5. Replace grate. Enviropod° LittaTrap" FC Vactor Maintenance The steps for induction maintenance are detailed below: 1. Establish a safe working area per typical catch pit service activity. 2. Remove grate/access cover. 3. Vacuum accumulated debris from the basket. 4. Vacuum contents from the base of the catch basin (if required). 5. Inspect basket, filter box, and seals for any damage. 6. Replace grate/access cover. CURB ENTRY CATCH BASIN MAINTENANCE For curb entry catch basins, the geometry of the Enviropodc LittaTrapT' basket allows a vactor hose to enter the basket through the curb opening, as shown in the figure below. Alternatively, baskets can be accessed through the catch basin access manhole. ENVIROPOD LITTATRAP BASKET AND FULL CAPTURE LINER CLEANING. Material trapped in the Enviropod'' LittaTrap'" basket and or full capture liner is easily removed by shaking the basket or tapping the basket against a hard surface. If required a power washer can used to remove excess sediment or debris trapped in the screen RECORD —KEEPING MAINTENANCE PROCEDURES Following maintenance and/or inspection, Enviropod recommends that the owner or maintenance service contractor prepare a maintenance/inspection record. The record shall include any maintenance activities performed, amount and description of debris collected, and condition of the system and its various filter mechanisms. The owner shall retain the maintenance/inspection records in accordance with local and/or state requirements. REQUIRED EQUIPMENT AND MATERIALS FOR MAINTENANCE ACTIVITIES. The following equipment is helpful when conducting Enviropod' LittaTrapT' Grate Inlet and Curb Inlet inspections and maintenance: Recording device (pen and paper form, voice recorder, iPad, etc.) Personal protection equipment (protective footwear, gloves, hardhat, safety glasses, high visibility clothing, etc.) Traffic control equipment (cones, barricades, signage, flagging, etc.) Manhole hook or pry bar Flashlight Tape measure Vacuum truck (optional) Pressure washer (optional) Replacement oil absorbent pouches (Optional) REPAIR OR REPLACEMENT PROCEDURES. In the unlikely event of an Enviropod" LittaTrap' FC structural component requiring repair, the system can be easily uninstalled by reversing the installation procedure. Once uninstalled, any faulty part or component can be replaced. VECTOR CONTROL ACCESSIBILITY (California Specific) As part of the Enviropod LittaTrap Inlet Filter "Full Trash Capture" certification by the California State Water Resources Control Board, all certified full capture treatment control devices, such as inlet filters, must be able to allow easy access to the interior of any catch basin structure so that inspectors from the Mosquito Vector Control Association of California (MVCAC) may inspect, observe and treat any potential mosquito activity or biological growth occurring inside a catch basin structure. Therefore, the Enviropod® LittaTrap— FC grate (drop) inlet device can be equipped with a "Hinged Vector Port Seal" (HPVS) component that will allow full visual access of the catch basin floor or other internal areas beneath the Enviropod LittaTrap FC model. In the event that a HVPS component is required anywhere in the State of California, an HVAC component shall be included and installed in any Enviropod LittaTrap Grate Inlet Filter device application. The HVPS takes the form of a spring -loaded hinged rubber seal. The inspection seal is easily lifted to 90 degrees with a J hook inserted into the lifting eye attached to the seal. This action provides a clear opening for inspection across the front face of the catch basin. Upon release the hinged seal automatically closes ensuring no gaps of 5mm or larger exist between the seal and the catch basin wall. The hinged vector port seal can be opened with the catch basin grate closed with the use of a J Hook. Inspection and Maintenance Form ADDRESS: OWNER/LOCATION NAME: DATE: INSPECTOR NAME/COMPANY COMMENTS: Please include 3 photographs of each catch basin with the grate closed, grate open and upstream catchment. Is the LittaTrap more than 75% full? >75%: Proceed with maintenance. If 50-75%: Maintenance recommended in the next 2 months. l•.1.R+tiij� QR CODE FOR THE ONLINE SURVEY '�; Download the ArcGIS Survey123 app on .16 . Android or Apple. No sign -in required, iFi simply scan the QR code and complete. '— • Enviropod will send you the Inspection or ❑�:�� .. maintenance report. ABOUT ENVIROPOD EnviroPod is Australasia's leading catch basin insert technology provider. The company has over 25,000 installs of its technology worldwide, including catchment wide retrofits. The LittaTrap is a result of 25 years' of research, implementation and operation of source treatment solutions. For further information please see www.enviropod.com