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Storm Water Management Facilities Maintenance Agreement 2005-0590933 --- (@ , . : 1-'(.'# d ,_ '_,' 2 (I (I i=)--n r::- (I () '1'='> ; IWiil ilil illl: fI!!! Ilil! 11111 1111 i'l 1 III 11111 ill!llill'i!~III'/JI11l1 , ~~,~ RECORDING REQUESTED BY .JUL 13, 2005 11 58 AM :f:J.~' CITY OF POW AY r-I!T!I.'I,.:.i.L f-,EI_OFiLI', "'':':' ~~I~.:liO r-.llllrn I f-:~I 1_IF:r'[F:"- j-IFFWE ~ .p.1;!'AND WHEN RECORDED MAIL TO: !.,hlJI:Jf".1 ',r'..11Ii1 I_OUr'JII' F:f~l_uF:rILF: rr-_f _ II Uil "1' I 1-1,- N,i..l ..:. \ \r- i::"_I['_' III V" CITY CLERK 1J1 CITYOFPOWAY i!IIWlIl!!lIiliill!il/llllIl/llllllllilill!!illiiilllllillllllllilllililli/III POBOX 789 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: I For CITY OF POWA Y Date: 1-19- 1>-5 Javid ,Siminou . . 10416 CALIFORNIA ALl.PURPOSEACKNOWLEDGMENT ~ -- - "- ~ ~!!(! ,. ,. , State of California }ss ,. .9f1V j}fl3:GtJ ,. County of , , , On dtrN 7 7../JOE, before me, /(;f1P77iY J. j(tJ!f}e:S1f D,~ Nl'lme and Tille of Officer (e.g., "Jane Doe, Notary Public") personally appeared CHt't'72US-S c.. Wft~ Name{s)of Signer(S) , o personally knoWn to me , ~ proved to me on the basis of satisfactory , evidence " " to be the person({ll whose namelSi is/ate subscribed to the within instrument and , acknowledged to me that hel3heilhey executed , the same in his/he..,'t1leir authorized ,. capacity(~, and that by his/fy",/lI,,,ir , @-,.- signature0 on the instrument the person~, or , ' CommISSIon . 1385006 , .. 'NotQry PutlIc . CaIlfomIll the entity upon behalf of which the personiA ,. san Diego county . acted, executed the instrument. , . MvCcln'irn . . 0liC: lQ ,. WITNESS my'hand and official seal. " ~1&.J,~ 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 and could prevent fraudulent removal and reattachment of this form: to another document. Description of Attached Document S/lJfZ1/l W~ M/f7'v?'fG~ EJr-/T Title or Type of Document: ~CIt--I77Gs M-'I7~ce;, A-G~ ,. Document Date: AN. 7. 'Za:J t;;' Number of Pages: E7 ,. , , 4Lf- , Signer(s) Other Than Named Above: , ,. Capacity(ies) Clai~ ,. E. WH~ Signer's Name: C . . o Individual , )>( Corporate Officer - Title(s): ~ v/?e f'~fLJe7'fi Top of thumb here ., D Partner - D Limited 0 General >\ D Attorney in Fact D Trustee o Guardian or Conservator ;/0 o Other Signer Is Representing: S4tI t7![3(;;CJ CCt/;V!Y CfZeOrr V/II/t7N , '" :j.:~ Q 1997 National No/ary Association 93&0 De Solo Ave., PO. Box 2402 Chatsworth. CA 91313-2402 Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827 \ , - -1 --' I I ~ ftHl Iii -~-- ~ -' ~-" ~~ ., ..,,' I,' I -:-.,-~--.,_._---,-'-- ~---;'~j~~-;--"-t: ~ ---l ,..-r' ___.u,",~'I_J;!. ---- -.- - -- ..' fE.---,-- - - ", "" I 11"' , Hi , ;;1 '~ -- '---'-'1- ..'----"__'''' -Lc;C")! Ilf ; I I ~. --~~ ---".~- :~ ,,-:<:~:j~ . '1~';' ." -;---:..'>1 _'". , " ~ {", q,nr , . . I I ,'I?f' i w I , ',,' 'I i I > I ~ ""r' >--< I ,- I~ 1IIIf "fli 0::: 0 , ~~ '/1 III I ,00 0 r II' ' I, W I ,1111', '3: [t-I ~ SAN D I EGO I I r I' II Ii I, 0 ' I[t-I COUNTY I II '" f- e- III C/) '" 0: -0 CREDIT UNION II lilli, CD '" I,' IL~t E 0 ~ ,'\1rt;rr1n :1 ~ -'- - ~', l' ; 'r eJ - I <: I, .ItWitl ' I, '1:1'" 1 en I '-"~,, '1, I II 0 /PARCEL 3! I",! " i, n 0 " , 0 A ~ ~ v - - - ~=-'=-:c,ft-.-.'-'~':' ;.:.:.........,.,E0 . " ,. _- -;. 0 X CJ I SCRIPPS POWAY PKWY' ,- ..... , 0 ~ , - I ~ .c x CJ ..... /' 0 NOTES --:z 0 0: U /' CD FOSSIL FILTER WILL BE INSERTED AND EXHIBIT 'A' co '" n MA[NTAINED BY OWNER, SEE GRADING PLAN G1483-04 STORM WATER MANAGEMENT FACILITIES 0 en (}) "RA I NSTORE DETENT ION STRUCTURE" WILL BE I NST ALL ED AND MAINTENANCE AGREEMENT, N /' ., MAINTAINED BY OWNER, SEE GRADING PLAN G1483-04 SAN DIEGO COUNTY CREDIT UNION e- o: 0 Q /' ~ "",,'N. . .'".N . <ONmO"'ON :t 9755CLAIAB.tONT~ESABOUlEVAAD.SUITEIOO . . II SA" D4ECO. CAl..FOI'i>lA (12124-1324 CONSULTING 858.614.5000. FAX 85a.614.5OOi . _~.ASFeom ........ . . 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