Storm Water Trash Facilities Maintenance Agreement 2023-033677912/7/23, 12:24 PM
Batch 16738515 Confirmation
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 317-270-44-00
DOC# 2023-0336779
111111111111111 ' 111111111111111111111111111111111 11111 111111111111111111
Dec 07, 2023 11:22 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 20
(THIS SPACE FOR RECORDER'S USE)
STORM WATER TRASH FACILITIES
MAINTENANCE AGREEMENT
13000 Gregg Street
(TA23-0008)
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 LEASING NO. 5 L P, a California limited partnership,
(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").
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":
One (1) Flexstorm connector pipe screen and one (1) Flexstorm curb inlet filter located throughout the
site as shown on Exhibit "B".
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
approval from the City Engineer.
SWTFMA (TA23-0008)
hftps://gs.secure-erds.com/Batch/Confirmation/16738515 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: 317-270-44-00
(THIS SPACE FOR RECORDER'S USE)
STORM WATER TRASH FACILITIES
MAINTENANCE AGREEMENT
13000 Gregg Street
(TA23-0008)
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 LEASING NO. 5 L P, a California limited partnership,
(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").
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":
One (1) Flexstorm connector pipe screen and one (1) Flexstorm curb inlet filter located throughout the
site as shown on Exhibit "B".
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
approval from the City Engineer.
SWTFMA (TA23-0008)
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,
shall be deemed to be accepted by OWNER "as is", and shall be covered by OWNER's
indemnity provisions below.
SWTFMA (TA23-0008) Page 2
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.
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
SWTFMA (TA23-0008) Page 3
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 LEASING NO. 5 L P, a California limited partnership
By its General Partner
WHITMANN, Inc., a California corporation
?A-)
By: Date:
Ry . Whitaker, Secretary
(signature must be notarized)
SWTFMA (TA23-0008) 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 S—
On rJ�mb�� 21 zoz;
before me (insert name and title of the
officer), personally appeared K -✓ ----- , 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.
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)
c '�Fs DIANE WESTRUP
Notary Public • California
:' �Y - San Diego County
1 Commisslon N 2311780
r `� "'� My Comm. Expires Dec 5, 2023
SWTFMA (TA23-0008) Page 6
CITY OF POWAY:
Robert J. Manis l ' ` \,J
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorn
Alan Fenstermacher
City Attorney
Date: F o Z `lei
(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
TracyfiNach
City Engineer
SWTFMA (TA23-0008) Page 5
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 / 2 from
POMERADO LEASING NO. 5 L P, a California limited partnership, 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: 2
Seal:
CITY OF POWAY
SWTFMA (TA23-0008)
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 l�tL�
On 1'L O S before me, Cj ()Jr63Ev- I eJo- "s4 R.,6le(Ainsert name and title of the
officer), personally appeared 1,erk "ni 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.
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
EI.US WEBSTER
NotaryPublic-California
(Seal) San Diego County
Commission # 2452080 Comm. Expires Jut 1, 2027
jw_
SWTFMA (TA23-0008) Page 6
Exhibi+ A
LEGAL DESCRIPTION
13000 GREGG STREET
LOT 89 OF CITY OF POWAY TRACT 85-04, UNIT 2, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12572 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1990 AS FILE NO, 90-107515 OF
OFFICIAL RECORDS,
A. P.N. 317-270.44-00
POMEARDO LEASING NO.5 LP - 13000 GREGG STREET, POWAY, CA 92064 EXHIBIT B
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ADS — FLUSTORM CONNECTOR PIPE SCREEN (CPS) WORK INSTRUCTIONS
1.0 Product Selection: Installer to determine which CPS Model to install based on 1. Flow
Ratings, 2. Bypass Requirements, 3. Location of Connector Pipe inside the catch basin (see
Product Selection Guide).
2.0 Materials: All FLEXSTORM CPS are comprised entirely of 304 stainless steel and brought to
the field pre -configured for easy assembly once Product Selection is confirmed; All Models are
supplied with vertical upright mounting brackets which accept qty (4) 3/8" x 3" minimum
stainless anchor bolts. All bypass lids require a qty (2) 3/8" x 3" min stainless anchor bolts.
Mounting brackets are equipped with slotted holes to allow for varied contours on walls and
sloped floors.
3.0 Installation of Base Model: Drop CPS through the manhole opening. Position the CPS
evenly spaced around the connector pipe ensuring a minimum of 4" spacing away from any
corners. Loosen the bolts in the slotted holes which connect the screen to the upright
mounting brackets until the bottom is flush with the floor. Tighten the bolts and mark the hole
locations on the wall for the stainless anchor bolts. Drill holes and hammer the bolts in place
and secure the CPS using stainless nuts. If the bottom of the base exposes more than a 5 mm
gap then an additional base face strip may be fastened to the base channel using stainless tek
screws or rivets. This base face strip matches the length and contour of the primary base.
3.1 Installation of Bypass Lid: If the bypass lid is required verify the minimum bypass height
needed and mark the "B" bypass height location on the wall directly above the base uprights.
Lift the lid in place and mark the hole locations for the lid mounting brackets. Drill holes and
hammer the bolts in place and secure the lid with the stainless nuts.
4.0 Removal of CPS: In certain locations, the CPS may need to be removed in order to provide
increased accessibility through the manhole entry. In such cases, the CPS would utilize the
"Quick Release" wall mount bracket set and standard CPS flanges. See the installation drawing
labeled Removable CPS Detail for step by step instructions. In standard installations, the CPS
can be removed by simply loosening the 3/8" anchor nuts that secure it to the wall.
5.0 Warranty: ADS — FLEXSTORM warrants the CPS material to be free of defects and
guarantees base framing integrity for a period of 3 years from installation date.
ADS - FLEXSTORM CONNECTOR PIPE SCREEN (CPS) MAINTENANCE GUIDELINES
FLEXSTORM suggests that its Connector Pipe Screens (CPS) be maintained per this modified set of
conditions from the LA County CPS Standards. FLEXSTORM advises that catch basins be cleaned out at
least 2 times per year and/or if debris has filled above a 40% level inside of the catch basin. Sites with
large amounts of foliage, high sediment loads, or smaller CPS devices might need to be cleaned more
frequently.
Maintenance Conditions and Maintenance Standards: The Following are deficiencies in maintenance
conditions and their corresponding maintenance standards which shall apply to the Connector Pipe
Screen. The cleanout of each CB shall meet the maintenance standards listed as follows:
Description of Maintenance Actions
1
Clear trash and debris located immediately in front of curb opening or side
opening of CB, and on top or between metal grates of grated CB.
2
Remove Vegetation growing across and/or blocking the basin opening.
3
Remove all Trash and debris and vegetation from inside the Catch Basin.
4
Remove Trash and debris in the connector pipe opening, upstream or
downstream.
5
Knock off/Remove all Debris that covers the perforated openings of the
connector pipe screen
6
Ensure there is no Standing Water inside of catch basin (indicates the
device is not properly draining)
Trash and debris shall include, but is not limited to, mud, vegetation, and garbage.
Upon completion of a cleanout operation at a CB and before leaving it, the Contractor shall sweep the
top surface of the CB and the area 2 feet around the CB, and shall remove any trash and debris resulting
from the cleanout operations. No debris is to be left at a CB for future pick-up.
Method of Removal: All trash and debris required to be removed from the CBs shall be removed in a
manner to be determined by the Contractor. This can be done by hand or with a truck mounted vacuum.
If entering the catch basin ensure that local confined space entry procedures are followed. The
Contractor shall not allow any trash or debris to enter the connector pipe or main line as a result of the
cleanout operations.
Debris Disposal: All trash and debris removed under this Contract shall become the property of the
Contractor and shall be legally disposed of away from the CB sites. The Contractor is responsible for
proper disposal of the trash and debris, including obtaining approvals from all jurisdictional agencies, as
applicable. The contractor shall be responsible for contacting and coordinating with local Animal Care
and Control for pickup and disposal of dead animals. However, the Contractor shall be responsible for
removing any dead animal from inside a CB.
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