Storm Water Management Facilities Maintenance Agreement 2005-0590933
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POW A Y, CA 92074 :~OO5-0590933
NO TRANSFER TAX DUE (TI-IIS SPACE FOR RECORDERDS USE)
APN 323-090-93
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
10411
( G1483-04 )
This AGREEMENT for the maintenance'and repair of certain Storm Water Management Facilities is entered
into .between San Diego Countv'Credit Union (hereil),aften;eferred 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"A" hereto (hereinafterreferred to as the "PROPERTY"), and has proposed
that the PROPERTY be developed as a commercial building in accordance with
applications for Tentative Map No. N/A , DevelopmenrPlan No. 04-07
ConditionalUse Permit No. N/A . Grading Permit No. G1483-04 which are
on file with the CITY This Agreement is required as a condition of approval for such development
WHEREAS, in accordance with the Ci!y of Po way's Standard Urban-Storm Water Mitigation Plan, Poway
Municipal Code, Chapter 16, Division VI (the "SUSMP 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 reguhiteland 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 "BMP's"
The preciselocation(s)'and extent of the BMP'sare indicated on the Grading Plan for the San Deigo
. - -- .-.. -..--_. ---- - -.. - -- .
County Credit.Union dated January 20, 2005 on file with CITY's Development
Services Departmentas G1483-04 The manner and standards by which the BMP's
must be repaired and maintained in order to retaih their effectiveness .are as set forth in the Operation
Maintenance Plan (hereinafter "O&M PLAN") which is attached hereto and incorp.orated herein as Exhibit
"B"
05.05",
. . 1 0412
WHEREAS, OWNER 's representations that the BMP's will be maintained have beenrelied upon by qTY in
approving OWNER's developme'nt applications. Itis the purpose ofthis Agreement to assurethat the BMP's
are maintained, by creating obligations which are enforceable. against the OWNER and the OWNER's
successors in interest in the PROPERTY It is intendedthaUhese ol:iligations be enforceable notwithstanding
other provisions related to BMP maintenance which' are provided'by.law
NOW, THEREFORE, for, consideration of (a) CITY's approval ofthe above development applications and (b)
the mutual covenants. set forth herein, IT IS HEREBY AGREED AS FOLLOWS:
I Maintenance of Storm Water Management Facilities, OWNER agrees, for itself and its successors
in interest, to all or any portion of the PROPERTY, to comply,in all respects with the requirements of
theSUSMP Ordinance with reganls to the maintenance ofBMP's,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,
withrespect-lo all,ofthe BMP'slisted above, atthe,times and in the manner specified in the O&M
PLAN OWNER shall iniiiate, perform and complete all MAINTENANCE ACTIVITIES at the
required time, without iequestor.demand from CITY or anyoiher agency OWNER further agrees
that "MAINTENANCE AQTlVITIES" shall include replacemenior modification of the BMP's in the
event of failure. Repiacementshallbe with an identical type, stzeand model ofBMP, except that:
(a) The CITY's 'Engineer mayaitthorize substitution of an alternative BMP if he or she
determines that it will 'function as well as the faileo BMP; and
(b) Ifthe failure of the BMP;in'thejudgmcnt ofthe 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. OWNERTurther 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 ofthe.abovemaintenance obligations 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 ofthe
PROPERTY, a notification regarding the BMP inaintenaiice.reqitirements described herein.
3 CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, bitt not the
obligation, io elect to perform any or all ofthe MAINTENANCE ACTIVITIES if, in the CITY's sole
judgment, OWNER has failed tO'perform the same. Itis 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 ACTiVITi)'S, shall in no way
relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elccts to
perform any of the MAINTENANCE ACTIVITiES, it is understood that CITY shall be deemed to be
acting as tlie agent ofthe OWNER and said work shall be without-warranty or representation by CITY
',as i!rsafety or effectiveness, shall be deemed to be accepted by OWNER "as is", and shall be covered
by OWNER's irfdernhity provisions below
If CITY performs any of the MAINTENANCE ACTiVITiES, after CITY has demanded that
OW)'IER'perform the same and OWNER has failed to'doso 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.
. . 1 04,t3
4 Grant of Easement to CITY. OWNER hereby grants to <;:iTY a perpetual easement over, under and
acrossaWoHhe .PROPERTY , for purposeSof accessing theBMP.'s and perfo[J11ing any of
the MAINTENANCE ACTIVITIES specified in Paragraph Icabove. CITY shall have the right, at any
time and without prior notice to OWNER, to enter,upon any part of said area as maybe necessary or
convenient for such Pllrposes, OWNER shall at all times maintain the PROPERTY so as to make
CITY's access Clear and unobstructed.
5 Administration of Agreement for CITY. CITY' hereby designates its Engineer as the officer
charged with responsibiliiy and authority to administer thisAgreement on behalf of CITY Any notice
"'....
or coinmunic'ation related to the implementation of this Agreement desired or required to be delivered
to CITY shall be,addressedto:
City Engineer
CityofPoway
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 CITY, provided that the amendment is consistent with the purposes of this Agreement as set
forth above.
6. Defense and Indemnity. CITY shall not be liable for; and OWNER and its successorsil1'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
<;Jr,other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character,
including attorneys' fees and court costs (hereinafter collectivelyreferred to as "CLAlMS"-), related to
this Agreement 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 ofGITY PARTIES. OWNER shall have no obligation, however, to defend
or indemnify CITY P ARTIESTroma claim if it is determined by a court of competent jurisdiction that
such claim was caused by the sole negligence or wi II full misconduct of CITY PARTIES, Nothing is
,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
7 Common Interest Developments. If the PROPERTY is developed as a "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
PIovisions,ofth)s Paragraph 8 shall apply duringsuch:time as the PROPERTY is encumbered by a
"DECLARATION" as defined in Civil Code section 1351(h), and.lhe Common Area, as "Common
Are~"isdefined in Civil Code section 135 I (b), of the PROPERTY is managed and controlled by the
ASSOCIATION
. . 10414
(a) The ASSOCIATION, through its Board,of'Qir~ctors, shall assume fulJ.responsibility to
penorm the MAINTENANCE ACTlVITIES.pursuant t6,thisAgreemerit, 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 MAINTENANCE ACTIVITIES,
- . . ~ .- -
conducting a vote.of the membership related.tosuch assessments ifrequired by law In the
event insufficient votes have been obtained to authorize an assessment, the ASSOCIATION
shall seek authority..from a court of competent jurisdiction for a reduced percentage of
,affihnative votes necessary to authorize the assessment, re-conducting the vote of the
membership in,order to obtain the vote's necessary ,to authorize an assessment, and the
ASSOCIA TlON.'shall taKe all action authorized by the 0 ECLARA TIONor 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 recognize a right of any
member or other person io alter, improve, maintainor repair any of the PROPERTY in any
manner which would'impair the limctioning of the BMP's to manage drainage or stormwater
runoff. In the evento.f 'any conflict between the terms of this Agreement and the
DECLARATION or other ASSOCIATiON governing documents, the provisions of this
Agreement shall' prevail.
8, Agreemellt Binds>Successors~nd Runs With the PROPERTY. It is understood and agreed that
the.terms;covellants arid'conditionsherein contained shali'constitute covenants running,with the l,md
and shall be binding uponthe,heirs, executors, administrators, successors and assigns of OWNER and
CITY, shallbe deemed .lobe 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 heretothatthis Agreement may be recordedcand shall be.binding upon all persons purchasing
or otherwise acquiring allOLl!llY lot, unit or other portion of the PROPERTY, who shall be deerried to
have consented to and become bound by all the provisions hereof.
9 OWNER's Continuing Res'ponsibilities Wherc Work commenced or Permit Obtained.
Notwithstanding any other proyisionof this Agreement, no transfer or conveyance of the PROPERTY
or any portion thereofshall.-in any way relieve OWNER of or otherwise .affect OWNER's
responsibilities for installatiop ormaintenance ofBMP's which may have arisen under the ordinances
or regulations of CITY referred.t" in Recital B above, or other federal, state or CITY laws, on account
of OWNER-having obtained apermitwhich creates soch obligations or having commenced grading,
COllstruction or other land disturbance work.
10. Amendmellt and Release. The terms of this Agreement, may be modified only by a written
amendment al?proved and signed by the'CityCduncil onhe CITY Engineer acting on behalf of CITY
and by OWNER or OWNER's successorCs) in interest. This Agreement may be terminated and
OWNER"and'thePROPERTY released from the covenants set forth herein, by a Release which CITY
may execute if ii determines that another mechanism will assure the ongoing maintenance of the
BMP's or ,that it is no longer necessary to assure such maintenance,
. . 10415
11. 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 inthe Superior.Courtofthe State of
California, County of Sari Diego. In the event that any oftheprovisionsofthis Agreement are held to
be unenforceable or invalid by any court of competertjurisdiction, the validity, and enforceability of
the remaining provisions shall. not be affected thereby
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter.
~?4~- ~
For OWNER. Date: ;--7-0J
S<.Ar i(),?1""" Co::> .C,_--.o.~{- U ~ :,,~
C(..,~!....... E, l./J.o.J~ ~i/r Date:
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For CITY OF POWA Y
Date: 1-19- 1>-5
Javid ,Siminou
. . 10416
CALIFORNIA ALl.PURPOSEACKNOWLEDGMENT
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Name{s)of Signer(S) ,
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Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not'requirf!d by law, it may prove valuable'to.persons relying on the document
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Signer Is Representing: S4tI t7![3(;;CJ CCt/;V!Y CfZeOrr V/II/t7N
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CD FOSSIL FILTER WILL BE INSERTED AND EXHIBIT 'A' co
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MA[NTAINED BY OWNER, SEE GRADING PLAN G1483-04 STORM WATER MANAGEMENT FACILITIES 0
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(}) "RA I NSTORE DETENT ION STRUCTURE" WILL BE I NST ALL ED AND MAINTENANCE AGREEMENT, N
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MAINTAINED BY OWNER, SEE GRADING PLAN G1483-04 SAN DIEGO COUNTY CREDIT UNION e-
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CONSULTING 858.614.5000. FAX 85a.614.5OOi . _~.ASFeom
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. .
EXHIBIT "B" 10418
OPERATION MAINTENANCE PLAN
SAN DIEGO COUNTY CREDIT UNION
GRADING PLAN G1483-04
FOSSIL FILTER MAINTENANCE GUIDELINES:
1 Rellular Sweepinll and Removal of Debris:
Vehicle parking lots, driveways, and so forth should be swept on a regular basis.
Sediment and debris (Iitler, leaves, papers and cans, etc.) within the area, especially around the
drainage inlet, should be collecled and removed. The frequency of sweeping should be based
on the amount of sedimenl and debris generated.
2. Rellular Inspections:
The fossil filter installalion should be inspected on a regular basis. The frequency of
inspection should be based on pollutanlloading, amounl of debris, leaves, etc., and amount of
runoff Manufacturer recommendation include no less that three inspections per year and after
each rainfall.
3. Conduct of the Visual Inspection:
A. After broom sweeping and removing debris from around the inlet, the catch basin
grale should be removed and the condition of the screens checked.
B. The installed adsorbent should be inspected. For hydrocarbon (drop-in) units
wilh screens covering the adsorbent, the screen's condition should be checked
and the adsorbent visually inspected through the screen. If excessive silt covers
Ihe top of Ihe adsorbent or if the adsorbent granules are more Ihan one-half
coaled with a dark gray or black substance, the absorbent should be replaced
(see nole 4 below).
C The filler components should be replaced in the inlet and the grate replaced.
4 Replacement of the Exposed Adsorbent Filter Medium:
A. To avoid spilling the exposed (and clean) adsorbent filter medium into or onlo the
surrounding surface, the person replacing the adsorbenl should move away from
the inlet and work over a large work cloth.
B. All exposed adsorbent and collected debris must be dumped into a dot-approved
conlainer for laler disposal. The method of replacing the adsorbent depends on
the type of filter' 1) For filters with removable filler cartridges, the cartridges need
to be removed from the filler, the end caps removed and Ihe exposed malerial
poured out. 2) For filters with one"piece top screens, the entire filter needs to be
removed to Ihe work area, the top screen removed and the exposed material
poured out. 3) New adsorbent will be poured inlo the adsorbent containment
area to a ievel about 1-inch from the top screen when the filter cartridge or filter is
level. Note: Overfilling will result in decreased fillering efficiency
5. Disposal of the Exposed Adsorbent:
The exposed adsorbent is non-biodegradable, non-leaching and non-carcinogenic so,
with proper handling and documenlalion, it can usually be disposed of at a landfill. However,
because disposal regulations vary by area, it is recommended that the persons disposing of Ihe
. . 10419
material contact their local regulatory agency and landfill 10 ensure compliance with local and
slale environmental regulations. Note: as the generator, the landowner is ultimately responsible
for the proper disposal.
6. Replenishment of Adsorbent Material Supplv:
Persons responsible for maintaining fossil filters should keep a sufficient amount of fossil
rock adsorbent on hand to replace the inslalled adsorbent plus an additional amount 10 be used
in case of dry land oil spills.
7. Responsible Party for Maintenance:
The operation and maintenance of the fossil filters shall be the responsibility of the
owner, all responsibilities shall Iransfer to the appropriate party upon sale or lease of the
property
MAINTENANCE OF A RAINSTORE3 STORMWATER STORAGE CHAMBER:
1. Short TermStoraqe (Detention Basin) "Zero" Maintenance - the Preferred Method:
Use a natural, or "Bio-Filter," inlel device - essentially a porous pavement or swale, to
pre-filter Irash and sedimenl-Iaden runoff before capture and conveyance into a Rainslorm3
chamber Us of a simple 10-12" deep sand, or sand/gravel, filler pavement or swale will provide
adequate vertical flow capacity (20 to 35+ inches per hour) and residence time to caplure
coarse debris and trash at the surface, with sediment and hydrocarbons (and even most traffic
generaled metals) kept in voids of the section for treatment action by bacteria and oxidation.
Waler passing through the filler section can pass directly into the top of a Rainstore3 chamber,
or be collected and transported over larger distances via Draincore2 Only super fine sediments
will pass Ihrough this section and be conveyed into the chamber With relatively short slorage
times (24 to 48 hours) most of these sediments shall remain suspended, or be easily re-
suspended by the next rain evenl for removal. Long-term accumulations to a depth affecting
exfiltration rates can be measured in decades, not years, Trash pickup from the surface
requires Ihat Zero be in quotes. Also be aware that grass surface porous pavements
(Grasspave2) offer grater biological activity, bul at a higher surface maintenance cost - mowing,
fertilization and irrigation, Gravel surface porous pavements (Gravelpave2) slill provide
biological activily at a lower than with grass, bul with lower maintenance required,
2. Short Term Storaqe (Detention Basin) Low, but Periodic. Maintenance:
Use a structural form of catch basin with a deep sump prior to use of a hooded elbow
inlet into Ihe chamber Whether standard catch basins or sophisticated cyclonic flow devices
are used, the objeclive is to remove any coarse debris and sediment (sand and larger) from
entering the Rainslore3 chamber Periodic mainlenance will be required to remove trash and
sediment that accumulates in Ihe device Frequency shall depend upon the physical nalure of
sediments carried and allowed into the "screening" device. Fine sediments may still be
transported into Ihe chamber via the inlel pipe and will likely be dispersed ralher evenly over Ihe
entire chamber boltom surface area, where they will then seltle to the boltom - depending upon
Ihe duration of time waler is left in the chamber and Ihe size of Ihe particle, Particles smaller
Ihan the AOS of the porous fabric liner will pass through the liner and continue migralion until
stopped by underlying soils. Particles larger than the AOS shall remain inside the chamber, and
can be periodically re-suspended by injecting high-pressure water into a Mainlenance Port, with
removal of the sediment laden water via sump pump from the same, or other, port.
, . . . .
10420
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant
dated: January 7, 2005, from San Diego County Credit Union Grantor, 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 Council 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 ~L ~
9, JJO!i CITY OF POWA Y
Seal: By~i~
Sher'rie o Worrell, Deputy City Clerk
N:lcitylsharelcertificate of acceptance-city doc