Storm Water Trash Facilities Maintenance Agreement 2023-030793011/6/23, 5:07 PM
Batch 16605916 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# 2023-0307930
Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
Nov 06, 2023 04:28 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 11
(THIS SPACE FOR RECORDER'S USE)
APN: 275-460-65-01 through -03, 275-460-65-05 through -12, -15, -16, -18, -19, -21, -23, -25, and -27 through -
35
STORM WATER TRASH FACILITIES
MAINTENANCE AGREEMENT
15525 Pomerado Road
(TA23-0007 / B23-0057)
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) Pomerado Medical Dental Condominium Association, (hereinafter
referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the
benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public
generally.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more
particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being
developed in accordance with Building Permit Number B23-0057, 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":
Seven (7) Revel Environmental Manufacturing Inc (REM) Triton Perf-Full Trash Capture inserts
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 B23-0057. 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 (TA23-0007 / B23-0057)
https://gs.secure-erds.com/Batch/Confirmation/l6605916 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: 275-460-65-01 through -03, 275-460-65-05 through -12, -15, -16, -18, -19, -21, -23, -25, and -27 through -
35
STORM WATER TRASH FACILITIES
MAINTENANCE AGREEMENT
15525 Pomerado Road
(TA23-0007 / B23-0057)
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) Pomerado Medical Dental Condominium Association, (hereinafter
referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the
benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public
generally.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more
particularly described in Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being
developed in accordance with Building Permit Number B23-0057, 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":
Seven (7) Revel Environmental Manufacturing Inc (REM) Triton Perf-Full Trash Capture inserts
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 B23-0057. 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 (TA23-0007 / B23-0057)
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
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
SWTFMA (TA23-0007 / B23-0057) 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.
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 (TA23-0007 / B23-0057) 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: Pomerado Medical Dental Condominium Association
By: Its Manager grizon Resource pc., a California corporation
By:_ Date:
K n eth . Rogers,-, resident
(signature must be notarized)
SWTFMA (TA23-0007 / B23-0057) Page 4
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 �,� h v
On io DS h2 before me, � .'TTGlt--i s � �i�� �`+�'Elpnsert name and title of the
officer), personally appeared VO oiff.rl who proved to me on the
basis of satisfactory evidence to be the person(-&) whose names-) s/ subscribed to the within
instrument and acknowledged to me tha e y executed the same in is e#H:teir authorized
capacity(•i , and that by his eir signature(s) on the instrument the person(, or the entity upon
behalf of which the person(&) 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.
Signature (Seal)
y� oc r
E. HARRIS
f Notary Public California =
` Los Angeles County >:
Commission # 232050,
.a My Comm. Expires Feb 29, 2024
CITY OF POWAY:
14-w1d,A-&
Robed J. Manis
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
Alan Fenstermacher
City Attorney
Date: /G% Z I-z7.3
(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 & ch
City Engineer
SWTFMA (TA23-0007 / B23-0057) 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 e-�gn -k> c7
On L_T o7 before me, !�s u-�&<kr .1 &n� fv1 (�vh ( L (insert name and title of the
officer), personally appeared "t DO er-(' av, � 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.
WITNESS my hand and official seal.
Signature
*my
ELUSWEBSTER�Notary Public - California Z
San Diego CountyCommission # 2452080
(Seal) Comm. Expires Jul 1, 2027
SWTFMA (TA23-0007 / B23-0057) 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 Pow y conveyed by the
Grant of Easement described in Item 5 of the attached document dated d r7 from
Pomerado Medical Dental Condominium Association, to the City of Poway, a political corporation and/or
governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 17-007 adopted on April 18, 2017.
Dated:
Seal:
CITY OF POWAY
By:
obert J. Ma s
epartment of Developm Services
SWTFMA (TA23-0007 / B23-0057)
"HIBIT "N'
15525 Pomerado Rd
APN: 275-460-65-01 through 03, 275-460-65-05 through -12, -15, -16, -18, -19, -21,
-23, -25, -27 through -35 LEGAL DESCRIMON
1;74�kLkIM
ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER AND OF LOT 4 IN
THE SOLITHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION35, TOWNSHIP
13 SOUTH. RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
POWAY. COUNTY OF SM 01EC-0, STATE OF CALIFORNIA. ACCORDING TO OFFICIAL PLAT
THEREOF, DESCRIBEO AS FOLLOWS-
BEGINNING AT THE SOUTHEAST CORNER OF SAID WEST HALF OF THE SOUTHEAST
QUARTER; THENCE NORTHERLY ALONG THE EASTERLY LINE OF MD WEST RALF OF
THE SOUTHEAST QUARTER, A DISTANCE OF R25 FEET TO THE TRUE POINT OF BEGIN-
NIWk THENCE WESTERLY ALONG A LINE THAT IS PARALLEL WITH THE SOUTHERLY
LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER AND OF SAID LOT 4, TO THE
CENTER LINE OF THE MAIN PUEUC HIGHWAY ROUTE NO, 3: THENM NORTHERLY
ALONG SAID CENTER LINE TO AN INTERSECTION WITH A LINE THAT tS PARALLEL WITH
AND A DWANCE OF 990 FEET NORTHERLY FROM THE SOUTH LINE OF SAID WEST HALF
OF THE SOUTHEAST QUARTER AMD OF THE SOUTHERLY LINE OF SAID LOT 4; THENCE
EASTLY ALONG SAM PARALLEL UNE TO THE EASTERLY LINE OF SAID VVEST HALF OF
THE SOUTHEAST QUARTER, THENCE SOUTI-'.ERLY ALONG THE EASTERLY LINE OF ME)
WEST HALF OF THE SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THE EASTERLY 1056 FEET THEREOF MEASURED ALONG THE
SOUTHERLY LINE OF THE HF-REIMA90V2 DESCRIBED LAND,
ALSO B(CEPTING THEREFROM TRAT PORri011q LYING VVM-:,IN POWAY MEDICAL UNIT NO.
I. IN THE CITY OF POWAY, COUNTY OF GAN DIEGO, STATE OF CAUFORM4., ACCOMING
TO MAP THEREOF NO. SiSS, F[LEO IN THE OFRGE OF THE COUNTY RECORDIER OF SAN
DIEGO COUNTY, JULY 2,1975.
PARCEL -,
LOT 1 OF POWAY MEDICAL UNIT NO, 1, IN THE CITY OF POWAY, THE COUINi —y OF SAN
DfEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. B138. FILED IN THE
OFFIVE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTYON JULY2,1975.
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EXHIBIT "C"
oc�tncol My'or
Revel Environmental Manufacturing Inc.
_
sales@remfilters.com (888) 526-4736 Lic. No. 857410
^
Northern California Southern California
960-B Detroit Avenue 2110 South Grand Avenue
REM
Concord, California 94518 Santa Ana, California 92705
P: (925) 676-4736 P: (714) 557-2676
www.remfilters.com
F: (925) 676-8676 F: (714) 557-2679
REM TRITON Filter Recommended Maintenance Procedures:
Maintenance and Inspections:
In order to ensure proper operation, REM (Revel Environmental Manufacturing, Inc.) recommends that
REM Stormwater filters be serviced and maintained when debris and pollutant accumulations exceed no
more than 80% of the filter's capacity. REM recommends that the filters are inspected and serviced at a
minimum of three times (3X's) per seasonal cycle year. The frequency and length of duration between
inspections and maintenance may fluctuate based on specific site conditions such as local weather
conditions, site use, and pollutant type and loading volume.
Filter Media Replacement:
In order to ensure proper operation, REM recommends that the FOG Media, or other specified media
(such as Activated Carbon, and/or Zeolite) be replaced when the outer surface of media is no more than
50% coated with contaminants. (The surface area of REM's standard FOG media is stark white in color.
The media will blacken with encapsulated contaminants over time.) It is recommended that REM media
packs and Bioflex be replaced a minimum of one time (1X) per seasonal cycle year. Sites with higher
pollutant loading concentrations may require more frequent service and media replacement. Purchase
replacement media packs from REM at (888) 526-4736 or sales@remfilters.com. Custom media
configurations are available upon.
Disposal:
Captured pollutant debris and spent media must be disposed of in accordance with all Federal, State, and
Local Laws and Regulations.
On -site Procedures for Triton Catch Basin Filter Inserts:
1. Secure area (proceed with traffic and pedestrian control plan).
2. Clean surface area immediately around each storm drain utilizing a stiff bristled push -broom, flat
shovel or industrial vacuum.
3. Proceed with confined space procedures as necessary.
4. Remove grate or manhole cover and set aside.
5. Inspect perimeter filter flange gasket. Confirm media cartridge is secure in the filter basin.
6. Remove debris trapped in grate slot openings.
7. Utilize an industrial vacuum to remove debris from within filter basin.
8. Pressure wash media pack through the stainless steel cartridge. (Avoid discharge by utilizing an
industrial vacuum to remove excess water while pressure washing).
9. Inspect media housed inside stainless steel cartridge. REM recommends replacing the filter media
a minimum of once a year (see Filter Media Replacement above).
10. Place grate or manhole cover back on catch basin grate frame.
11. Secure dated service lock -out tag on grate lid.
12. Identify catch basin on site map for tracking and reporting.
13. Note observations, concerns or recommendation regarding specific filter on maintenance report.
14. Remove pedestrian and/or traffic control barricades.