Storm Water Management Facilities Maintenance Agreement 2005-0714161
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~ '~. .t. R'CORO,"G R'Q",S'! " q(X)~ ,D0C# 2005-0714161
111111111 I1II illl! III/I 11111111111111111111111111111111111111111111
-.. ': ~ CITY OF POWAY AUC. 19 2005 12:34 PM
A' AND WHEN RECORDED MAIL TO' 1-IFFICli~.L FiECOF:[I':,
';.t.J-! [JJ[GCi U IUI'I f'l REel jR[IEF:'~, CiF~ICE
1,Mf\- CITY CLERK CiF:EGUF:'1 .1 SMITH, CounT I f:ECOF:['ER
FEE'= 0,00 """ .',:
Nr CITY OFPOWAY cle. 11,0
POBOX 789 P.::..GE> 12
POWAY, CA 92074 lilli/I 11111 111111111111111 1111111111 IlIii 11111 11111 III!! I!III I !!illllll 1111 1111
NO TRANSFER TAX DUE 2005-0714161
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
(G 1444-04)
This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is
entered into between ~ I ~ 4D9 - All en Basi 1 e (hereinafter referred to 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 'iA" hereto (hereinafter.. referred to as the "PROPERTY"), and
has proposed that the PROPERTY be developed as a single family residence in accordance with
applications for Grading Permit No, G1444-04 which are onJile with the CITY This Agreement is
required as a condition of approval for such development.
WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation Plan,
poway Municipal Code, Chapter 16, Division VI (the "SUSMP Ordinance"), the City of Poway
Subdivision Ordinance, the Cityo! 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 from the PROPERTY be managed by the use of the
following Storm Water Management Facilities which are identified as "Best Management Practices"
or llBMP'S"'
The precise,location(s)' and extent of the BMP's are indicated on the grading plans dated S/.z/05
on file with CITY's Deveiopment Services Department as G1444-04 The manner and
stand<Jrds by which the BMP's must be repaired and maintain\lcfjnorder to retain their effectiveness
are as' set forth in the' Operation Maintenance Plan (hereinafter "O&M PLAN") which is attached
hereto and incorporated herein as Exhibit "B"
WHEREAS, OWNER's representations that the BMP's will be maintained have been relied upon by
CITY in approving OWNER's development applications, It is the purpose of this Agreement to
assurethatthe'BMP'sare maintained, by creating obligations which 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 which are
provided by law
05~/31
. 9Q~ .
NOW, If.lEREFORE, for consideration of (a) CITY's approval of the above development
applications'and:(b) the mutual covenants setfoiih herein,IT ISHEREBY AGREED AS FOLLOWS,
1 Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its
successors in interest, to all,oranyportion of the, PROPERTY, to comply in all respects with
the requirements of the SUSMP Ordinance with regardsto the maintenance of BMP's, and
in particular agrees to perform, at its sole cost: expense and liability, the following
"MAINTENANCE ACTIVITIES'" all inspections, c;leaning, repairs, servicing, maintenance
and other actions specified in theO&M PLAN, withTespect to all of the BMP's listed above,
at the times and in the manner specified in the O&M PLAN, 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 BMP's in the event of failure,
Replacement shall be with an identical type, size and model of BMP, except that:
(a) The CITY's Engineer riiayauthorize substitution of an altemative BMP if he or she
determines that it will function as well as the failed BMP; and
(b) If the failure ofthe BMP, in the judgment of the CITY's Engineer indicates that the
BMP in use is inappropriate or inadequate to the circumstances, the BMP must be
modified or replaced with an upgraded BMP to prevent future failure in'the same or
similar circumstances,
2, Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on
which any of the above,BMP's are located, and also prior to transferring ownership of any
such BMP, provide clear written. notice of the above maintenar')ceobligations associated with
that BMP to the transferee, OWNER further agrees to provide evidence to CITY Engineer
that OWNER has requested the California Department of Real Estate to include in the,public
report issued for the development of the PROPERTY, a notification regarding the BMP
maintenanceTequirements described herein,
3, CITY's RighUo Perform Maintenance. It is agreed that CITY shall have the right, but not
the obligation, to ele<;:tto perform any or all of the MAINTENANCE ACTIVITIES if, in'the
CITY's sole judgment, OWNER has failed to perform the same. It is recognized and
understood that the CITY makes no representation tnat it iniends to orwill 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 orrepresentation 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 ACTlVITIES, 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, OWNER's obligation to pay CITY's costs of performing
MAINTENANCE ACTIVITIES is a continuing obligation,
4 Grantof Easement,t():CITY OWNER hereb'y grants to CITY a perpetual easement over,
under and across all of the PROPERTY described in E,xhibit "A" hereto, for purposes of
accessing the BMP's and performing any of the MAINTENANCE ACTIVITIES specified in
. 90C4 -. .
,
Paragraph 1 above, CITY shall have the right, at any time and without prior notice to
OWNER, to entereupon any R,art of said area as may be necessary or convenient for such
purposes, OWNER shall atall times maintain the PROPERTY so as to make CITY's access
clear and unobstructed,
5, Admini~t~ation of AgreefnenUor CITY. CITY hereby designates its Engineer as the officer
charged with responsibility and authority to administer this Agreement on behalf of CITY
Any notice or communication related to the implementation of this Agreement desired or
required to be delivered to CITY shall be addressed to:
City Engineer
City of poway
13325 Civic Center Drive
Poway, CA 92064
The City Engineer is also granted authority to enter into appropriate amendments to this
Agreement on behalf of CIT'!;,:provided that the amendment is consistent with the purposes
of this Agreementas, sei.fortn above,
6, 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, Iiability,.judgments,
awards,fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses,
charges or costs of any kind or character, including attomeys' fees and court costs
(hereinafter collectively referred to as "CLAIMS"), related to this Agreemenland 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 caus.ed 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 wi IIfu II misconduct of CITY
PARTIES, Nothing is this Agreement, CITY's approval of the development application or
plans and specifications, oLi!lspection 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
7 Common Interest Developments. If the PROPERTY is developed asa "Common Interest
Development" as defined'in.Civil Code section 1351 (c) which will include membership in'or
ownership of an "ASSOCIATION" as defined in Civil Code section 1351(a), then the
following provisions of this Paragraph 8 shall apply during such time as the PROPERTY is
encumbered by a "DECLARATION" as defined in Civil Code section 1351(h), and the
Common Area, as "Common Area:' is defined in Civil Code section 1351(b), of the
PROPERTY is managed and contr.olled by the ASSOCIATION:
(a) The ASSOCIATION, through its Board of Directors; shall assume full responsibility to
perform the MAINTENANCE ACTIVITIES purstJant to this Agreement. and shall
undertake all actions and efforts necessary to accomplish the MAINTENANCE
ACTIVITIES, including but not limited to, levying regular or special assessments
against each member of the ASSOCIATION sufficient to provide funding for the
MAINTEN.ANCEACTIVITIES, conducting a vote of the membership related to such
assessments if required by law In the event insufficient votes have been obtained to
authorize an assessment, the ASSOCIATION. shall seek authority from a court of
. 9005 .
competent jurisdiction for a reduced percentage of affirmative votes necessary to
authorize the assessment, re-conducting the vote of the membership in order to
obtain the votes necessary to authorize an assessment, and the ASSOCIATION
shall take all action authorized by the DECLARATION or California law to collect
delinquent assessments, including but not limited to, the recording and foreclosure of
assessment liens,
(b) No provision of the DECLARATION, nor any other governing document of the
ASSOCIATION or grant of authority to its members, shall grant or recogilize a right
of any mefDber or other person to alter, improve, maintain or repair any of the
PROPERTY in ,any manner which would impair the functioning of the BMP's to
manage drainage' or stormwater runoff In the event of any conflict between the
terms of this Agreement and the DECLARATION or other ASSOCIATION governing
documents" the provisions of this Agreement shall prevail.
8, Agreement Binds Successors and Runs With the PROPERTY It is understood and
agreed that the terrns,coveilants and conditions herein contained shall constitute covenants
running with the land ang shall be binding upon the heirs, executors, administrators,
successors and assigns of OWNER and CITY, shall be. deemeg 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 may be recorded'and shall be binding upon all persSlns 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
9 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 maintel')ance of BMP's which may have arisen
under the ordinances or regulations of CITY referred to in Recital B above, 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,
10, Amendment and Release. The terms of this Agreement may be modified only by a written
amendment approved and signed by the City Councilor the CITY Engineer 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 BMP's or that it is no longer necessary to assure such
maintenance,
. 9006 .
11 Governing Law and Severability. This Agreement shall be governed by the laws of the
State of California, Venuein.,anyaction related. to this Agr.eement shall be in the Superior
COl,lrt oftheState cif California, County of San Diego, 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 theTemaining provisions shall not be affected
thereby
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter
For OWNER: ~ c@~ Date: rs,-/3r05
I\lleN (:,A S " I <-
Date:
For CITY OF POWAY
Date: 7-1;-05
. 9007 .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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1
State of California } ss "
County of ,.5~.,j b I' ~..5 D "
"
On~'\e... \ ~) '2..0/')<; before me, ~ l~~ an!T:t1er::Otl~e~~'~Jan~~.to~jllc~uh/lc ,
,
Date
1 f>---( I.,. ^ \ (~As., 1-<- 1
i personally appeared ,
Name(s\ofSigner(s)
7-hersOlially known to me ,
o proved to me on the basis of satisfactory ,
I' evidenc~ 1
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to be the person("" whose narne~ is/"",,- ,I
subscribed fa the within instrument and ,I
r acknowledged to me that he/s~ executed r
I' the same in his/hefAAei< authorized 1
I ~ JOLlNoA L. GREY capacity~, and that by his/h~r I
I ~ Cornm,saion'.1371180 z signature\Jljon the instrument the person"", or 'I
~ ',' NotaryP.ubllc' California ~ the enfity upon behalf of which the person~ 'I
L ~ 'SanDklgo Cou~ty i acted, executed the instrument. ,I
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OPTIONAL ,
Though the information below is not required by law, it may prove valuable to persons relyi~g on the document and could prevent ,I
fraudulent removai'and reattachment of this form to another document. 'I
Description of Attached Document C'1'i of' Pc,.NA'1
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Document Date: (0-13-0 < Number of Pages: irJ "
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Capacity(ies) Claimed by Signer I
Signer's Name: 1
o Individual Top of tn(lmb here
o Corporate Officer - Tille(s): 1
o Partner - 0 Limited 0 General ,I
o Allorney-in-Facf ,I
o Trustee ,[
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Signer Is Representing: I
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@ 1999 National No!ar~ AssociatIOn' 9350 De SOlO Ave. P.O. Box 2402. Chalsworth. CA 91313'2402' \VWwnat,onalnotary.org Prod. No. 5907 Reorder: Call Toll.Free 11300876-6827
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EXHIBIT A
BASILE DRAINAGE FACILITY
MAINTENANCE AREA
APN 320-020-39
COMMENCING AT THE MOST NORTHERLY CORNER OF PARCEL 1 OF PARCEL
MAP NO 19409, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED JANUARY 22, 2004 O,R., THENCE SOUTH 42018'26"
EAST ALONG THE EASTERLY PROPERTY LINE OF SAID PARCEL 1,2.50 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
PROPERTY LINE SOUTH 42018'26" EAST 700 FEET THENCE LEAVING SAID
EASTERLY LINE SOUTH 47039'39" WEST 577 FEET, THENCE NORTH 42018'26"
WEST 700 FEET, THENCE NORTH 4r39'39" EAST 5 77 FEET TO THE TRUE
POINT OF BEGINNING, SEE ATTACHED EXHIBIT
9009
. EXHIBIT A .
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".~-- J, ;;:: LINE BEARING DISTANCE
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"\ - ~ 1 ~ L2 S42'18'26"E 7.00'
DRAINAGE FACILlTY~ ~..L r L3 S4T39'39"W 5.77'
MAINTANANCE AREA q f ~ L4 N42'18'26"W 7.00'
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08 THIS MAP W1\5 PREPARED FOR ASSESS~ PURPOSES ONt Y. NO UABIUlY IS 320-02
ASSUlJED FOR TIlE ACCUAACY Of THE DATA SHOWN ASSESSOR'S PARCelS
WlV NOT CC>>.f'LY 1MTl1 LOC,l,L SUBOMSION OR BUILDING ORDINANCES.
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ASSESSOR'S ~AP
BOOK 320 PAGE 02 SHT 1 flF 2 ROS 5924, 11474 / .<<~'o" 3 SHTI
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. 901.1- .
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EXHIBIT A
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DRAINAGE FACIUIY__ t::. 1
MAINTENANCE AREA 1\ 30. 0' I n::: _/I
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(SEE DETAIL) \
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N'ly PROP. COR.
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L '[3 ~ b L1 N47'39'39"E 5.77'
--~ N L2 S42i S'26"E 7.00'
....a. ICo
DRAINAGE FACILl1Y~ 0 JJ r L3 S47'39'39"W 5.77'
MAINTANANCE AREA q f ~ L4 N42i S'26"W 7.00'
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EXHIBIT B
GENERI'\L SPECIFICA TIONSFOR MAI"NTENANCE,OJ;'
FLO-GARD+PLUS™ CATCH BASIN INSERT FILTERS
SCOPE,
Federal,State and, Local Clean Water Act ,regulations and those of insura~ce carriers require that
stormwater filtration systems be maintained and serviced on a, recurrjng basis, The' intent of the
regulations is to' e"nsure that the systerns, on a continuing basi", ,efficiently rer;nove pollutants from
stormwater runoff, thereby preventing pollution of the nation's water resources: These Specifications
apply to the Flo"Gard+Plus!m'Catcn,Basin Irfsert Filter
RECOMMENDED REQUENCYOF SERVICE,
Flo-Gard+Plus,m Catch Ba~in I~sert fjilter~ are serviced on a recurring .basis Ultimately, the ~requency
depends on the amountotrunoff, polluti3~tle,!dingandinterferencefrom,debris (leaves; vegetation, cans,
paper, etc,);, however, it is'recomrnended ttiateach installation, be serviced a minimum of three limes per
year/with a change offiitermedlum 'once',per'year
RECOMMENDED TIMING OF SERVICE,
1 For are,asiwith a definite rairiy'season: Prior to, during andfollowihg the rainYisei3son,
2, For areas sU,bject to year-round rainfall: On a recurringibasis'(at"leastthreetimes per yea.r),
3, For areas with winter snow,and summer rain: Prior to ,and :jUst after the snow season, and
during the summerrain'season,
4 For [nstalled' devices not subjeCt to the elements (wash racks, parking garages, etc): On a
recurring basis (no less than ,three, times per year),
SERVICE PROCEGURES
1 The seryice shallicommence'\'vith collection and, removal ()f sedirnent a~d debris (litter, leaves,
pap~rs'i cans, etc,) and, br6bmsweeping around the, drainage inlet AcculTlulated materials
shall be placed in a DOT approved,cohtainer.for later disposaL
. , '. ' , -, , -~r .
2, The catch basin grate shillloe,rernoved and setto"one)side, The catch bas!n shall be visually
i~spected for defectsand:pbssibledllegal dumping, If illegal dumping has occ~rred, the proper
,authorjties and property,eiwner representative shall be nbtifi,.,d as'soon as practicable,
3, USing 'an industrial vacuum, the:collected materials shall be removed from the liner (LJses a
truckcmounted vacuum';(<:if'servicing Flo-Gard+PlusimCaicti:Eiasi~ Inserts,) '" ,
4 When ,all ,of the C'ollected materials have been removed; the, Vlter medium pouches shall be
removedi'bY\lfnsnappin!:l'the tether from the CHing ?nd set to'one side, The filter liner, gaskets,
stairiless,steel frame an'd:rnounting bra.ckets, etc ,~h?II'l:>e!i~spected for continued,serviceability
Miilcir damage ,or defe~ts found sha,1I be c()rrec!e,d on,tl:1ecspotand a notation ,made ,<:in the
Maintenance Record, ,More extensive deficiencies ,that affect the effujiency of the filter (torn
liner, etc): '~: approved, by the customer rep"resentative" will be corrected and, an invoice
liubm)t,te_9t9 the representative al()ng with the,Maintenance Record,
5 The; filter, medium poucl:1es shall be inspested for defects ailCi continued serviceability and
replacedias necessary and the pouch tethers re-attached to the'liner's D-ring,
6 The!grate si\all;be ie"placed' " ,
,Note: As Ihe generator" theiandowner,js ultimljltely responsible for the proper disposal of the exposed
filter medium ,arid debris, Be~ause t!1e materials likely cODt~,i~ ,petroleum hydrocarbons, heavy metals
,and 6ther harmful pollutants, the materials must be treatedi3s,an' EPA Class 2 Hazardous Waste and
properly disposed of,
; . 9013 .
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated June 13, 2005 from Allen Basile to the City of Poway, Grantee, a political
corporation and/or governmental agency is hereby accepted by the undersigned officer
or agent on behalf of the City'CounCiI pursuant to authority conferred by Resolution No
34 adopted on January 20; 1981 and the grantee consents to recordation thereof by its
duly authorized officer
Dated July 21,2005 CITY OF POWAY
Seal: BY~~
,Di e Shea, City Clerk