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Storm Water Management Facilities Maintenance Agreement 2009-0449345 " ,- -. DOC # 2009-0449345 11111111111111111 11111111111111I1111111111 1111111111 111111111I111'1111 c .- RECORDING REQUESTED BY: AUG 11, 2009 3:31 PM CITY OF POWAY [IFFICIAL REClJFIU, SMI ['IEGO CuUNT\' REcom'EFI's OFFWE DAVID L. E:UTLER. ClJUIITY REUIFIDER FEE:,: 76.00 - PAGES: 23 111111I11111111111111I11111111111111I 1111I11111111111111111I11111111111I1111111I AND WHEN RECORDED MAIL TO: f~ 23p leo() CITY CLERK CITY OF POWA Y POBOX 789 POWAY, CA 92074 (THIS SPACE FOR RECORDER'S USE) APN: 320-220-04 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT No Documentary Transfer Tax Due TURFAMCO-1 LLC 13007 KI RKHAM WAY POWA Y, CA 92064 ( G1599-07 ) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between TURFAMCO-1 LLC (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 "A" hereto (hereinafter referred to as the "PROPERTY"), and has proposed thatthe PROPERTY be developed as Liaht Industrial in accordance with applications for Development Plan No.00-28R . Grading Permit No. G1599-07 , which, are on file with the CITY. This Agreement is requiredas a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation Plan, Poway MLJl1icipal Code, Chapter 16, Division VI (the "SUSMP Ordinance"), the City of Poway Subdivision Ordinance, the City of poway Zoning Ordinance, the City of PowayGrading Ordinanceand/orother'ordinances or regulations of CITY which regulate land development and urban runoff, OWN1=Rhas 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 "BMPs" (list all required BMPs by type and general location): Drain Inserts. Sand Media Filter, and Landscaoina.located near the oarkina lot area (see Attachment'A) The precise location(s) and,extent of the BMPs are indicated on the Gradina Plan dated on file with CITY's Deveiopment Services Department as G1599-07 The manner and standards by which the BMPs must be repairedang maintained in order to retain 't~eir effectiveness are as set. forth in the Operation and Maintenance Plan (hereinafter "O&M PLAN") which is attached' hereto and incorporated herein as Exhibit "B". 0+00; WHEREAS, OWNER's representationsJhat the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications.. ItTsthe purpose of this Agreement to assure that the BMPs are maintained,tlY creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. Itis 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: 1. 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 the SUSMP Grdinance with regards to the maintenance of BMPs"and in particular agrees to perf6rm,.at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in theO&M PLAN, with respect to all of the BMPs listed above, at the times and in the marmer 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, withciut request or demand from CITY or any other agency. .OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of theSMPs in the event of failure, Replacement shall be with an identical type, size and model of BMP, except that: (a) The CITY's 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's Engineer indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified orreplaced with a more effective 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 BMPs are located, and also prior to transferring ownership of any such BMP, provide clear written notice of the above maintenance, obligatilJns 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 maintenance requirements described herein. 3. 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 si;)illl 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 representationthaUt 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. 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 cc;mtinuing obligation, If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien C!11 the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 4. 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, atany time and without prior 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. 5. Admil!istration of Agreemllnt for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Ahy ,notice or communication to CITY related to the implementation of this Agreement shall be addressed to: City Engineer City of Po way 13325 Civic. Center Drive Poway, CA 92064 The City Engineer is also 9rall,ted 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 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 and arising either directly or indirectly from any act, error, omission or negligence of OWNER, ClVVNER's successors, or their contractors,lic'ensees, 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 ofthe development application orplans,and specifications, or inspection of the work'is.intended to acknowledge responsibility for any sucq matter, and CITY PARTIES shall have absolutely no resporisibility 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 provisions of this Paragraph 8 shall apply during such time as the PROPERTY is encumbered by a "DECLARATIO~" 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 controlled by the ASSOCIATION: (a) The ASSOCIATI0N, through its Board of Directors, shall assume full responsibility to perform the MAINTENANCE ~CTIVITIES pursuant 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 MAINTENANCE ACTIVITIES, 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 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 recognize a right of any member or other person to alter, improve, maintain or repair any of the PROPERTY in any manner which would impair the functioning of the BMPs to manage drainage or stormwater runoff. In tne 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 terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, 'executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROP'ERTY (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. 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 thereofshall in any way relieve OWNER of or otherwise affect 0WNER'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 accountof,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 BMPs or that it is no longer necessary to assure such maintenance. 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 in the Superior Court ofthei State of California, County of San Diego, In the event.that any of the provisions ofthis.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. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth ::::' ~ r;oRIM r~ ,to tij,~g t7~ Its: Date: CITY OF POWAY: Date 1/?O 10 '1 I = = APPROVED AS TO FORM: Office of the City Attorney APPROVED AS TO CONTENT Engineering Division ~QQ~ Lisa A Foster, City Attorney w~ ~J 1-H-~M Ninoy B~'I, PE . Contract ngmeer Attachments: EXHIBIT A EXHIBIT B M:\engserv\OOO doc templates\Storm Water Facilities Agmt.doc CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT C<"..c<'&'&-.G<'~~.c<'..eo-<X'd.c<'-C<"'-C('.cc.cC'.c<'~~ft~~..c<"'~~....5c-,c;{>~ft..e<'..e<>..c<'..c<>~..e<',(X'A:X'-c<'.c<',c('.c<'..c(.'.c<',e(.'-C<'",c< ::~:t:fO~allf~~~ } ~~J(J0 ~reme. fu:y~ Date Here:lnsert Na 'il~,tam'{')O{S'90"I" me'~~isfactOry evidence to b 'W e am t1h:e subscribed to the Wit In Instrum nt and acknowledged to me that , Ith'e.y executed the.~~me ~r/t~ir ~horized "...----r'J'in'u'ii\l(i~), and that ~lisdt~p on the instrument ~, or. the entity upon behalf of which the ~~ acted, executed the instrument "'"..... . ,~." e .- - ~ z z " Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my' hand and official seal. Signature 'f cctfU~)Jl~A. 0 ~~ 51g ureal Notary'Publlc OPTIONAL Though the information below is not required by law, it may prove valuabfe:to persons relying on the document and could prevent fraudulent removal and 'reattachment of this form to another document. Description of Attached Document Date: IJrdtv Title or Type of Document: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) i:,gner'SName:. ~~ fJ Individual Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: '177~~ 0 Number of Pages: Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited [] General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer Is Representing: 'W'\;;'t:.v~~'YV~~~~~'UV~,,^>~~~~~~'UV'GV~~~'(.)(..'<.X.:,.~~~~~~~";;N~~~~~~~~",;iV~~;;~;'~ @2007 National Notary P,ssociation' 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.NationaINotary.org Ilem #5907 Reorder- Call TolI,Free 1-800.876-6827 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~~~~~~~~~~~~~~~R:..('~~~S< State of' California } County of San Iiiego On hGU&F &. '2;1)09 before me, Dale ~ personally appeared. KD~~ Phyllis Shinn. Notary Public Here Ins.erl Name and Tille of the 01ficer J ' f'1/V-t ;1I/J Name(s) 01 8igner(s) j~~ '- - ~ ~ -- - . . -.- .;. ....'..... - .;. "" .... '. Pll'AUIIMINH I '.. . .com.IllI11k11i,.'17.7",.. S. NolaIy PuItuc . cGutOinIO I '1cIn DI..,o CoimIw" " . t'~__~J._~ who proved to me on the basis of satisfactory evidence to be the personl;SJ whose 'name~ is/~subscribed to the within instrument and acknowledged to' me that he/~/t% executed the same in his/~/t~ a~thorized capacity(i~, and that by his/~/tl')cfu signatiJre(lq on the instrument the person~ or the entity upon' behalf of which the person(\Q acted, executed the instrument I certify under PENALTY OF PERJURY' under the laws of the State of California that the foregoing'paragraph,is true and correct . Place Notary Seal Above Signature nd Offi:ia~ Signature 01 NOlaryPu~l_ic OPTIONAL Though,the information below is 'not 'required by law, it may prove valuable rdpersons relying on the doqument andcould"preventfraudufenf removaf and reattachment of this form to another document. Description of Attached Document Title or Type at Document: Document Date: Number at Pages: Signer(s) Other Than Named Above: C~pacity(ies)"CIa..hTled by Signer(s) Signer's Name: D .Individual D Corporate,OHicer - title(s): D .partner - D Limited D General D Attorhey ih Fact D Trustee o Guardian or:<::;onservator D Other: TOp of thumb here Signer's Name: D Individual o Corporate Officer - Title(s): o Partner - D Limited D General o Attorney in Fact o Trustee D Guardian 'or Conservator o Other: . Top of thumb here Signer Is Representing: Signeds Representing: ~~~~~~'~l<:"~;gv.~~~~~~~~~......."""",~~~~"""""""",,--~~~~ @~cio7 National Notary Association. 9350 De'Soia Ave" P.O. sOx 2402' Chatsworth, CA 91313.2402. www.NallonaINota:.ry.6rg Item #5907 Reorder: Call Toll-Free 1-800-876.6827 EXHIBIT "A" LEGAL DESCRIPTION LOT 4 OF CITY OF POWAY TRACT 86-02R(2), POWAY CORPORATE CENTER UNITS 2 AND 3, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP ;r:HEREOF NO. 13944, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 2000. ",..,. : ,"' '- , EXHIBIT B OPERATION & MAINTENANCE (O&M) PLAN (Dated 4/28/09) (Revised 5/11/09) PREPARED FOR: Norm Turoff TURFAMCO-1 LLC 13007 Kirkham Way Poway, CA 92064 Phone: 858-679-5100 LOCATION: Parcel 4, TR 86-024(2), City Of Poway, CA. APN: 320"220"04 PREPARED BY: SPEAR& ASSOCIATES, INC., CIVIL ENGINEERS ANDI,.AND SURVEYORS 475 PRODUCTION STREET SAN MARCOS, CA 92078 PHONE: (760) 736-2040 FAX: (760) 736"4866 BY: DATE: 5/11/09 S&A, INC: J. N. 06-207 TABLE OF CONTENTS INTRODUCTION 1. Project Description----------------------------------------------------------------------1 2. Operation & Maintenance Plan (0&M)-------------------------------------------1 3. Operation & Maintenance.Of BMPs------------------------------------------------l 3.1. Training----------~----c-------------------------------------------------------------- 2 3.2. Landsca ping ----------------------------------------------------------------------- 2 3.3. Irrigation System-------------------------------------------------------------------5 3.4. Sand Media Filter------------------------------------------------------------------5 3.5. Roof Drains -------------------------------------------------------------------------6 3.6. T rash Storage Areas --------------------------------------------------------------6 3.7. Drain Inserts------------------------------------------------------------------------6 3.8. Storm Water Conveyance System Stenciling and Signing-----------------6 ATTACHMENTS A. BMP MAP B. BMP Specifications C. Inspection & Maintenance Schedule Summary D. Cost Estimate -i- INTRODUCTION The OPERATION & MAINTENANCE PLAN (O&M)requirement is under the City of Po way "Standard Urban Storm Water Mitigation Plan" Storm Water BMP Maintenance. The purpose of this O&M is to address the continued maintenance and to appoint the responsible parties in charge of maintaining the proposed BMPs during construction and post-construction. Best Management Practices (BMPs) will be utilized toptovide a long-term solution to 'Water qualit.y. This O&M is also intended to ensure the effectiVeness. of the BMPs through proper maintenance and operation based on long-term fiscal planning. This O&M is subject to approval and periodic revisions as required by the Cit.y Engineer. 1.0 PROJECT DESCRIPTION This report is for a Grading Plan prepared by Spear & Associates, Inc. The site is located in the Cit.y of Poway, County of San Diego, and the State of California: Located at the south of Kirkham Way and East of Communit.y Road. The site is located in the M-l zone and is for a proposed office building. All street improvements and offsite underground utilities, sewer, water and storm drain system were installed previously underCit.y of Po way permits, (see Cit.y of Po way TM 86-02R(2)), The site was previously developed and has an existing building and parking lot area on it. The project area is characterized by vary flat less than 1.0% slope. Project site has been previously developed. There are no distinguishing topographic characteristics, pronounced or valuable topographic features, 2.0 OPERATION & MAINTENANCE PLAN The Operation and Maintenance Plan (O&M) needs to address construction and post-construction concerns as shown in the Storm Water Mitigation Plan: Refer to.this project's Storm Water Management Plan (SWMP) for addiiional information on BMPs. (See Attachment A for location of BMPs) 3.0 Operation & Maintenance of BMP'S It shall be the responsibilit.y of the owner to maintain and to train all employees for the maintenance and operation of all BMPs, to achieve the maximum pollutant reduction they are designed for, as addressed in the approved Project's SWMP. The following schedule of (O&M's) must be followed to satisfy the Conditions of Concern and the Pollutants of Concern as addressed in the approved Project's SWMP and the Cit.y's SUSMP. This schedule shall include periodic inspections of all Source Control and Treatment Control BMP's. All maintenance records for training, inspection and maintenanceshall.bekept for a minimum of five (5) years. 1 All BMPs,shallbe irrspectedJOdays prior to October 1 sl each year an~ certified to the City Engineering Department as'to their readiness to receive runoff. from the annual rainfall season (See Attachment"C'-'..for a more detailed schedule of maintenance) The owner will also, provide to the City as part of the maintenance and operation agreement an executed access' easement that shall be binding on the land throughout the life of the project, until such time that the stornl water BMPs requiring access are replaced satisfactory to the City Engineer. Responsible Party for O&M.and For Training Norm Turaff TURFAMCO-1 LLC 13007 Kirkham Way Poway, CA 92064 Phone: 858-679-5100 3.1 Training Training .of Operation and Maintenance personnel is of primary importance to provide knowledge of the operation and maintenance ofBMPs. Proper training shall provide information that will enable employees to in place an effective'preventive maintenance program as described in this 0 & M manual. The responsible party mentioned above should take the course provided by the "BULDING INDUSTRIES ASSOCIA TIONof SAN DIEGO COUNTY" to be trained in the purpose and use of BMPs and the maintenance thereof. Proper preventive maintenance will prevent environmental incidents that may be a health and safety hazard. Also, the responsible party should refer to the. following web site for resource information: www.caBMPhanbooks.com. New employees/tenants should be trained as to the purpose and proper maintenance within the first week of their employment as part of their indoctrination training Employee training shall include receiving a copy of this 0& M manual; a discussion onthe location and purpose of site. specific BMPs, such as Source Control and Treatment Control BMPs; trained on how to inspect and report maintenance problems and to whom they report to; They shall be trained in site specific Pollutants of Concern so that they can evaluate the functioning of all on-site BMPs this to avoid environmental incidents. These Pollutants of are given in this report under Section 2. A log of all training and reported inspections and maintenance problems along with what was done to correct the problem shall be keep on the premises at all times. Employees/tenants shall' be periodically trained, at a minimum of once a year, to refresh there abilities to Operate and Maintain all on_site BMPs. 3.2 Landscaping The operational and maintenance needs of Landscaping and Bio-Filters (Swales) are: 2 . Vegetation management to maintain adequate hydraulic functioning and to limit habitat for disease-carrying animals. . Animal and vector control. . Periodic sediment removal to optimize performance. . Trash, debris, grass trimmings, tree pruning, and leaf collection and removal to prevent obstruction ofa Swale and monitoring equipment. . Removal of standing water, which may contribute to the development of aquatic plant communities or mosquito breeding areas. . Erosion and structural maintenance to prevent the loss of soil and maintain the performance of the Bio-Filter swales. 3.2.1 Inspection Frequency and Procedure The facility will be inspected and inspection visits will be completely documented: . Once a month at a minimum. . After every large storm (after every storm monitored or these storms with more than 0,50 inch of precipitation.) . On a weekly basis during extended periods of wet weather. Aesthetic and Functional'Maintenance Aesthetic maintenance is important for public acceptance of storm water facilities, Functional maintenance is important for performance and safety reasons. Both forms of maintenance will be combined into overall Storm water Management System Maintenance. Aesthetic Maintenance The following activities will be included in the aesthetic maintenance program: . Grass Trimming. Trilllrriing of grass will be done on the Swale, around fences, at the inlet and outlet structures, and sampling structures. . Weed Control. Weeds will be removed through mechanical means. Herbicide will not be used because these chemicals may impact the water quality monitoring. Functional Maintenance Functional maintenance has two components: Preventive maintenance Corrective maintenance Preventive Maintenance Preventive maintenance activities to be implemented at a Swale are: . Grass Mowing. Vegetation seed mix within the Swale is designed to be kept 3 to 4 inches tall to maintain adequate hydraulic functioning and to limit the development offaunalhabitats. . Trash and Debris. During each inspection and maintenance visit to the site, debris and trash removal will be conducted to reduce the potential for inlet and outlet structures and other components from becoming clogged and inoperable during storm events. . Sediment Removal. Sediment accumulation, as part of the operation and maintenance program at a Swale, will be monitored once a month during the dry season, after every large storm (0.50 3 inch), and monthly during.the wet seas'on, Specifically, if sediment reaches a level at or near plant height; or,could interfere with flow or operation, the sediment will'be removed. If accumulation of debris or sediment is determined to be the cause of decline in design performance, prompt action (i,e., within ten working days) will be taken to restore the Swale to design performance standards. Actions will include using additional fill and vegetation and/or removing accumulated sediment to correct:charineling or ponding. Characterization and Appropriate disposal of sediment will comply with applicable local, county, state, or federal requirements. The swale will be regarded, if the flow gradient has changed, and then replanted with sod. . Removal of Standing \Vater. Standing water must be removed if it contributes to the development of aquatic plant communities or mosquito breeding areas. . Fertilization and Irrigation. The vegetation seed mix has been designed so that fertilization and irrigation is not necessary. Fertilizers and irrigation will not be used to maintain the vegetation. . Elimination of Mosquito Breeding Habitats. The most effective mosquito control program is one that eliminates potential breeding habitats, Information for Vector Control may be,obtained from the San Diego County Department of Environmental Health Vector Surveillance and Control Program (Phone No. 1-888-551-4636). Corrective Maintenance Corrective maintenance is required on an emergency or non-routine basis to correct problems and to restore the intended operation and safe function of a Swale. Corrective maintenance activities include: . Removal of Debris and Sediment. Sediment, debris, and trash, which impede the hydraulic functioning of a Swale and prevent vegetative growth, will be removed and properly disposed. Temporary arrangements will be made for handling the sediments until a permanent arrangement is made, V egetationwill bere-established after sediment removaL o Structural Repairs. Once deemed necessary, repairs to structural components of a Swale and its inlet and outlet structures will be done within 10 working days. Qualified individuals (i.e., the designers or contractors) will conduct repairs where structural damage has occurred. o Embankment and Slope Repairs, Once deemed necessary, damage to the embankments and slopes of Swales will be repaired within 10 working days. o Erosion Repair. Where a reseeding program has been ineffective, or where other factors have created erosive conditions (i.e., pedestrian traffic, concentrated flow, etc.), corrective steps will be taken.to prevent loss of soil and any subsequent danger to the performance of a Swale. There are'a number of corrective actions than can be taken, . These include erosion control blankets, riprap, sodding, or reduced flow through the area. Designers or contractors will be consulted to address erosion problems if the solution is not evident. o Elimination of Animal Burrows. Animal burrows will be filled and steps taken to remove the animals if burrowing problems continue to occur (filling and compacting). If the problem persists, vector control specialists will be consulted regarding removal steps. This consulting is necessary as the threat of rabies in some areas may necessitate the animals being destroyed rather than relocated. Ifthe'SMP performance is affected, abatement will begin. Otherwise, abatement will be performed"annually in'september. . General Facility Maintenance. In addition to the above elements of corrective maintenance, general corrective maintenance will address the overall facility and its associated components. If 4 corrective maintenance is being done to one component, other components will be inspected to see if maintenance is needed, . Standing Water - Eliminate standing water, repair Ire-grade aild vegetate as necessary. Maintenance Frequency The maintenanc.e indicator document included as (Attachment C for all BMPs) lists a summary schedille of maintenance activities to be implemented. Debris and Sediment Disposal Waste generated at Swales is ultimately the responsibilit.y of TURFAMCO-l LLC. Disposal of sediments, debris, and trash will comply with applicable local, count.y, state, and federal waste control programs. Hazardous Waste Suspected hazardous wastes will be analyzed to determine disposal options. Hazardous wastes generated onsite will be handled and disposed of according to applicable local, state, and federal regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria listed in the CCR, Title 22, Article 11, 3.3 Irrigation System 3.3.1 Inspection Frequency and Procedure The Irrigation system shall be checked each week as a minimum. The following items shall be checked to insure that they are functioning properly: . Shut-off devices. . All piping and sprinkler heads to insure there are no leaks and that proper water spread is maintained. . All flow reducers. . Check for overspray/runoff 3.4 Sand Media Filter 3.4.1 Inspection Frequency and Procedure Sand media filters shall be maintained in accordance with CASQA Stormwater Best Management Practice Handbook "New Development and Redevelopment" BMP, TCAO and shall be tested 30 days prior to October I" of each year during the first rainfall of each rain season to check for clogging and effectiveness of removal of targeted pollutants also, (See Attachments C) complies with recommended maintenance activities and frequellcy for TAO (See Attachment B). If clogging occurs the sand filter shall be removed and replaced immediately ahd prior to the next storm event o Inspect semi, annually for standing water, sediment, trash/debris, and to identify potential problems. o Remove all accumulated trash/debris in the media filter areas. o Inspect the media filter areas after each storm event to determineifit is functioning properly, i.e. it is draining completely within 72 hrs. 5 . Remove the top 2 inches of sand and sediment, and replace with clean sand... 3.5. Roof Drains 3.5.1Jnspection Frequency and Procedure All roof drains shall be inspected 30 days prior to October 1 st of each year to insure that they are clean and free from trash and in good repair. They shall be flushed and any leaks or damages piping shall be either replaced or repaired. Where roof drains flow onto grass areas splash structures and or rock rip- rap shall be maintained so the flow from the roof drains do not.cause erosion or damage to the grass area. During the rain season roof drains shall be inspected weekly and after each rain storm to insure that there is no trash and or silt build up that will restrict the run-off flow from the roof. All trash and/or silt build up shall be removed immediately. 3.6 Trash Storage Areas 3.6.1 Inspection Frequency and Procedure All trash storage areas shall be inspected weekly to insure thatthey are clear of trash and de"bris. Also the following shall be inspected annually 30 days prior to October 151 of each year: . Pavement is in good repair. . Drainage will not run-off onto adjacent areas. . That they remain screened or walled to prevent off-site transport of trash. . That all lids and/or awnings are in good condition and lids are closed to minimize direct precipitation. . There shall be no loose trash and/or debris around the trash storage area. 3.7 Drain Inserts Drain Inserts shall be maintained;in accordance with MP-52 (see Attachment-B) and shall be tested 30 days prior to October 1'1 of each year during the first rainfall of each rain season to check for clogging and effectiveness of removal of targeted pollutants, If clogging occurs the drain inserts shall be removed and replaced immediately and prior to the next storm event 3.8 Storm Water Conveyance System Stenciling and Signing . Provide concrete stamping, or equivalent, of all storm water conveyance system inlets and catch basins within the project area with prohibitive language (Le., "No Dumping - Drains To The Creek"), satisfactory to the City Engineer. Stamping my also be required ip Spanish, . Post signs!and prohibitive language and/or graphical icons, which prohibit illegal dumping at public access points into all inlets to storm drains. . . The storm c1rain signage/stenciling shall be inspected for legibilit.y and visual obstruction 'semi_annually and shall be repaired/cleared when necessary. 6 ATTACHMENT "A" BMP MAP /11111 If j j 1./ III I r I ~ iil..}ll JJI }} II M jJ 1/ /11;;/ (I /J ; I !/ lL.H' h j !,~; I (I Ifllf J LIs!) II I I( ; I " 1 I~I/II! 'I jJji; ;// I/i / 11 1 PLANS REPARED BY; SPEAR & ASSOCIATES. INC. 475 PRODUCTION STREET. SAN I.4ARCOS, CA. 92078 PHONE-(760) 7.36-2040 F"AX (760) '7::56-4866 DRAIN INSERT, S.D. SIGNAGE (MP-52, SO-13) SAND MEDIA FILTER "---------.____ (TC40) " ----- -----.---- LA"NOSCAPING PLANNING (SO-10, SO"12) ------------- =-- , z < ....I a.. a.. ::!: /Xl Z o i= () ::::) a:: l- t/) Z o () l- t/) o a.. LANDSCAPING PLANNING (SO-10, SO-12) LANDSCAPING PLANNING (SO-10, SO-12) LEGAL DESCRIPTION: SITE ADDRESS: LOT 4. POWAY lRACT 86-D2R(2) POWAY CORPORATE CENTER, CITY OF POWAY ASSESSOR'S PARCEL NUMBER: 320-220-04 o z w z o I (L --h-fl z== NOT TO SCALE ADDRESS: 13011 KIRKHAM WAY ZONE: liGHT INDUSmlAL I Sh"t I CITY OF POWA Y OWNER/ PERMITTEE, 1 D.portm"'l of Eogl'''',g S""',,, .. .. POST CONSlRUCTIQN BMP PLAN FOR: ADVANCED EDM AUTOMATION 13007 KIRKHAM WAY. SUITE A PHASE II, LOT 4, P. T. 86'()2R (2) POWAY. CA 92064 POWAY CORPORATE CENTER UNIT 2 & 3 ATIN, NORM lUROFF . PHONE; 858-679-'5100 Calif6mia Coordinate IndelC; 278-1749 4: 1755 ATTACHMENT "B" BMP SPECIFICATIONS SEE DCTAlL ':4" FOR OVERFLOW STANDPIPE 0,33' OF HEAD ABOVE SAND CURB OPENINGS PER PLAN . /~~,; ~ ,~,,~ ~ ~~~~f:jijJ!ED , 6" lAYER WASHED GRAVEL OVER FABRIC FILTER 1.50' lAYER MED. SAND DEEPENED CURB OVER FABRIC FILTER 6" lAYER WASHED GRAVEL 4" DIA. PERFORATED PIPE IMPERVIOUS MEMBRANE 30 MIL. V1SQUEEN OR CONCRCTE SECTION A-A It SAND MEDIA FILTER NO SCALE 12" GRATED OVER] FLOW HDPE RISER. ~ ~ TO CATCH BASIN c;; OJ:: ~~1~ ">;~t'; 6" P.C.C. DEEPENED ."",i; lAYER MED. SAND CURB SURROUND ?~,'~ ),;., OVER FABRIC FILTER '''h~> , '!<", WASHED GRAVEL 00000000000 . . "'~' /> v~ OVER IMPERVIOUS 12." TEE WITH REDU'tI/t"^ .- /~.~. ~ <;:; DIA. p~%::::;~ PIPE STORM FLOW TO CATCH % :<.' ' EXTEND THROUGH SWALE BA~ ~ER~~MW~~ DET A I L II A II 30 MIL. V1SQUEEN OR CONCRCTE MEDIA FILTER OVER FLOW DCTAIL NO SCALE RIVER ROCK OR COBBLE PER lANDSCAPE PLANS WASHED GRAVEL OVER FABRIC FILTER Flat gr~ted inlet FloGard+PLUS@ / Product Specifications Curb inlet The FloGard+PLUS@ is a multipurpose catch basin insert designed to capture sediment, debris, trash & oils/grease from low (first flush) flows. A (dual) high-flow bypass allows flows to bypass the device while retaining sediment and larger floatables (debris & trash) AND allows sustained maximum design flows under extreme weather conditions. FloGard+PLUS@ inserts are available in sizes to fit most industry-standard drainage. inlets (...flat grated, combination, curb and round inlets). FloGard+PLUS@ catch basin inserts are recommended for areas subject to silt and debris as well as.low-to'moderate.levelsof petroleum hydrocarbon (oils and grease). Examples of such areas are vehicle parkihg lots, aircraft ramps, truck and bus storage yards, corporation yards, subdivision streets and public streets. Questions? Contact KriStar at (800)579 8819 72 4/07 .~ A TT ACHMENT'''C'' INSPECTION & MAINTENANCE SCHEDULE SUMMARY PREVENTATIVE MAINTENANCE AND ROUTINE INSPECTION TYPE Routine Measurement Measurement MAINTENANCE SITE-SPECIFIC BMP Action Indicator Frequency REQUIREMENTS ACTIVITY land- Trash free and Silt build up of 30 days prior to Remove trash All landscaping scaping removal of silt. more than 2" October I st each and silt ~repair to be free from & Proper Irrigation no trash, year and weekly and reseed trash and silt at Irrigation Exposed soils, during rain season exposed areas, all times, grass dead maintain grass area to be free vegetation, height so as not from exposed soil ponded water, be shorter than and maintained to and excessive 2" or higher proper height, vegetation. than 5" remove ponding of water Proper all ponded water for more than 48 Irrigation weekly hours not Coverage inspections. allowed. Repair Irrigation system with-in 5-days. Sand Trash .free and Silt build,up of 30 days prior to Remove trash All sand media Filter removal of silt, more than 2" October 1 st each and.silt. Replace filters to be free sedimentation & (See TCAO) year, semi_annually Fossil filters from trash and silt Debris and weekly during Annually 30 at all times, rain season, Sand days prior to Standing water Media Filter October 1 ''-. more than 72 Sand.Media hours filter per TC-40 maintenance shall be reauired Roof Trash free and Silt build up of 30 days prior to Remove all All Roof drains to drains remove silt more than I" October 1 st each trash and silt be free from trash no trash year and weekly and repair any and silt and in during rain season. damage to roof good repair drains Trash Trash free and Daily inspection Remove trash All trash storage storage removal of silt and silt areas to be free areas Daily, from trash and silt at all times Drain Trash free and Silt build up of 30 days prior to Remove trash All, F ossil- filters inserts removal. of silt more than (see October 1st each and silt. Replace and inlets to be manufactures year and weekly Fossil filters free from trash specifications) during rain season Annually 30 and silt at all days prior to times October I". Storm Must be legible Fading of paint 30 days prior to Repaint All stenciling and Water at all times and or illegible October t sl each stenciling and/or signs Conveyan have a clear letters or year and weekly repl,ace signs ce system view. during rain season & 30 days prior to Stenciling semi-annual October 1 st. & Sianina .-, ATTACHMENT "0" Annual Estimate to Maintain all BMPs 5.0 Operation & Maintenance OfBMPs Amount: Annual 10 Year Inspection and certification mmm_____m_____m___m_m______________m__ Listed below 5.1 Landscaping Maintenance oflandscaping and bio-filters is already included in the property management responsibilities. Additional cost-"mm----mm $100.00 5.2 Irrigation Svstem: Inspection and maintenance of the irrigation system is already included in the property management responsibilities, Additional cost--m--m $100.00 5.3 Roof Drains: Roof drain inspection and maintenance is already included in the property management responsibilities. 5.4 Training - Once a year & training of new employees within their first week of employment. ____mm__nm____m___m_"_m_____________mnm $100.00 5,5 Stormdrain Stencils (As needed or every 2 years) _________m___mm_m $100.00 5.6 Trash Storage Areas: Inspection of trash storage area & maintenance to those areas is already included in the property management responsibilities. Additional cost 00$50.00 5.7 Drainage Inserts: The replacement of Fossil Filters once a year on the property annually is estimated at ----- m____m____nm___m__m___m________m_____$300.00 5,8 Sand Filter (Per TC-40): Inspection & testing for clogging & effectiveness of removal of targeted pollutants (Once yearly) __mm__m_mm_________mmm_m__ $600.00 Removal & Replacement of surface layer of sand media (Once every 2 Y ears)_______mnmmm___m____m"_m________________m $500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $3,000.00 $6,000.00 $5,000.00 Complete Removal & Replacement of sand media (once every 10 years)-----------m- $4,000.00 Total Estimated Annual Cost to Maintain BMPs mnm_______m_______nm $1,850.00 Total. Estimated 10- Year Cost to Maintain BMPsm---mm----mmm---m------oom---m-$22,500.00