Storm Water Management Facilities Maintenance Agreement 2011-0229508DOC tt 20110229508
IIVIIIBINnIIIBI�IIIIIIIIIIIIIV�IYNIIINIIIRIIIIIIIIIIIIII
MAY 08, 2011 1:28 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg. Jr.. COUNTY RECORDER
FEES: 0.00 WAYS: 2
OC: NA
PAGES: 11
I I I IIII IIIII 111111111111111 IN IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IN IIII IIII
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
G 1( 461-04
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency)
This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities
is entered into between HCP LS Poway 1 LLC a Delaware Limited Liability Company. (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 that the PROPERTY be developed as an office building in accordance with
applications for Grading Permit No. G1461 -04 which is on file 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 City of Poway Zoning Ordinance, the City of Poway Grading Ordinance
and /or other ordinances or regulations of CITY which regulate land development and urban runoff,
OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the
following Storm Water Management Facilities which are identified as "Best Management Practices"
or "BMPs ":
Catch basin filter inserts in various locations throughout the site as shown on approved plans.
Underground Extended Detention Basin at the southeast corner of the site as shown on the
approved plans.
Above around detention basin located to the southwest of the development as shown o the
approved - plans.
The precise location(s) and extent of the BMPs are indicated on the Slough Parkway Business
Center Grading Plan dated July 29, 2004 on file with CITY's Development Services Department as
G1461 -04 The manner and standards by which the BMPs must be repaired and maintained in
Io-I�o
t "
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 323 - 500 -18 & 19
DOC tt 20110229508
IIVIIIBINnIIIBI�IIIIIIIIIIIIIV�IYNIIINIIIRIIIIIIIIIIIIII
MAY 08, 2011 1:28 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg. Jr.. COUNTY RECORDER
FEES: 0.00 WAYS: 2
OC: NA
PAGES: 11
I I I IIII IIIII 111111111111111 IN IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IN IIII IIII
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
G 1( 461-04
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency)
This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities
is entered into between HCP LS Poway 1 LLC a Delaware Limited Liability Company. (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 that the PROPERTY be developed as an office building in accordance with
applications for Grading Permit No. G1461 -04 which is on file 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 City of Poway Zoning Ordinance, the City of Poway Grading Ordinance
and /or other ordinances or regulations of CITY which regulate land development and urban runoff,
OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the
following Storm Water Management Facilities which are identified as "Best Management Practices"
or "BMPs ":
Catch basin filter inserts in various locations throughout the site as shown on approved plans.
Underground Extended Detention Basin at the southeast corner of the site as shown on the
approved plans.
Above around detention basin located to the southwest of the development as shown o the
approved - plans.
The precise location(s) and extent of the BMPs are indicated on the Slough Parkway Business
Center Grading Plan dated July 29, 2004 on file with CITY's Development Services Department as
G1461 -04 The manner and standards by which the BMPs must be repaired and maintained in
Io-I�o
order to retain their 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 ".
WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by
CITY in approving OWNER's development applications. It is the purpose of this Agreement to
assure that the BMPs are maintained, by creating obligations that are enforceable against the
OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these
obligations be enforceable notwithstanding other provisions related to BMP maintenance that are
provided by law.
NOW, THEREFORE, for consideration of (a) CITY's approval of the above development
applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS
FOLLOWS:
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 Ordinance with regards to the maintenance of BMPs, and
in particular agrees to perform, at its sole cost, expense and liability, the following
"MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs, servicing, maintenance
and other actions specified in the O &M PLAN, with respect to all of the BMPs listed above,
at the times and in the manner specified in the O &M PLAN. OWNER shall keep records of
this maintenance and provide copies of such records and annual certification of
maintenance as requested by CITY. OWNER shall initiate, perform and complete all
MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or
any. other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include
replacement or modification of the BMPs in the event of failure. Replacement shall be with
an identical type, size and model of BMP, except that:
(a) The CITY'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 or replaced 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 obligations associated
with that BMP to the transferee as required by any and all applicable transfer disclosure
laws.
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 shall be conducted in accordance with the nuisance abatement procedures set forth
in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the
CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's
sole election. It is recognized and understood that the CITY makes no representation that it
intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY
to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its
continuing maintenance obligations under this agreement. If CITY elects to perform any of
the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting
as the agent of the OWNER and said work shall be without warranty or representation by
CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is ", and
shall be covered by OWNER's indemnity provisions below.
If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that
OWNER perform the same and OWNER has failed to do so within a reasonable time stated
in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the
MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay
CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If
OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may
assess a lien on the property or properties of the responsible parties pursuant to the
procedures set forth in Poway Municipal Code Chapter 8.72.
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, with a minimum 24 -hour 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. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the
officer charged with responsibility and authority to administer this Agreement on behalf of
CITY. Any notice or communication to CITY related to the implementation of this
Agreement 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 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,
OWNER's successors, or their contractors, licensees, agents, servants or employees,
including, without limitation, claims caused by the concurrent negligent act, error or
omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation,
however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court
of competent jurisdiction that such claim was caused by the sole negligence or willful
misconduct of CITY PARTIES. Nothing in this Agreement, CITY's approval of the
development application or plans and specifications, or inspection of the work is intended to
acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely
no responsibility or liability therefore unless otherwise provided by applicable law.
3
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 "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 controlled by the ASSOCIATION:
(a) The ASSOCIATION, through its Board of Directors, shall assume full responsibility
to perform the MAINTENANCE ACTIVITIES 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 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 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 PROPERTY (including the interest
of CITY or its successors in the easement granted herein). It is the intent of the parties
hereto that this Agreement shall be recorded and shall be binding upon all persons
purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY,
who shall be deemed to have consented to and become bound by all the provisions hereof.
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 maintenance of BMPs which may have
arisen under the ordinances or regulations of CITY referred to in this Agreement, or other
federal, state or CITY laws, on account of OWNER having obtained a permit which creates
such obligations or having commenced grading, construction or other land disturbance
work.
10. Amendment and Release. The terms of this Agreement may be modified only by a
written amendment approved and signed by the City Council or the CITY Engineer acting
4
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 of the State of 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 the remaining provisions shall
not be affected thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
OWNER: HCP LS Poway I, LLC, a Delaware limited liability company
By:
� Date:
Jo Bergschneid , Senior Vice President
CITY OF POWAY: O�z�' Date:
Ro ert J. M nis
Director of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
a- c(
Lisa A. Foster, City Attorney
APPROVED AS TO CONTENT_ :
EnglineeringjPivision
X evenCrosby, P.E.
Acting City Engineer
Attachments: EXHIBIT A
EXHIBIT B
61
CALIF ALL ACKN
State of California
County of ' Scm 0( "I
On 1 � • 15" t In
Date
personally appeared
before me, Y a I L ,
Here Insert Name a Title of the Officer
h l�P t�g C P . S 1.0 � v( �res' de �\1 -
Name(s) of S ner (s)
THERESA SCARLETT
Caesar #►1rl/31'3t
M-0- NMY PWMIC • cow"
$in Oipo C"Ift
Cahn. 11
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he /she/they executed the same in his/her /their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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 eal.
Signature
Place Notary Seal Above Signature o tary Public
OPTIONAL
Though the information below is not required 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
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT'
OF SIGNER
o l thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
CALIF • ACKNO WLEDGMENT
State of California
County of Sfl'Ll �� 0 1
On 6W,, 3 ZD / before me, 7r�/yG L/I -J ��W, At? 76&&1_ IC- ,
Date I Here Insert me and Tole of th er
Offic
personally appeared OQ .J • ���1•S
Name(s) of Signer(s)
PHYLLIS SHINN
Commission # 1778898
Notary Public - California
San Diego County
CComm.MtpNov9,2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person whose name(o is/.-)O-subscribed to the
within instrument and acknowledged to me that
he /s)(ett%y executed the same in hiwr/#t &r authorized
capacity(i *, and that by his/F Afti it signature(4 on the
instrument the p rsonk or the entity upon behalf of
which the person( 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.
WITNESS my handpt9i official seal.
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not required 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 f
Title or Type of Document: _ � W .,
`E �A
COE_ E
Document Date: /I' lJ - l l Number of Pages: a�
Signer(s) Other Than Named Above: 40Ll
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
• Individual
❑ Individual
• Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General -'-
❑ Partner — ❑ Limited ❑ General -
❑ Attorney in Fact
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Trustee Top of thumb here
El Guardian or Conservator
El Guardian or Conservator
El Other:
El Other:
Signer Is Representing:
Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 - www.NationalNotaryorg Item #59D7 Reorder: Call Toll -Free 1- 800. 876.6827
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of California, described as follows:
PARCEL A:
PORTION OF LOT 1 OF CITY OF POWAY TRACT NO. 98 -05, ACCORDING TO MAP THEREOF NO.
13852, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 17, 1999 AS FILE NO. 1999 - 0639226 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 1, SOUTH 62 WEST 154.64 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE SAID SOUTHEASTERLY LINE SOUTH
62 WEST 825.50 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 1167.50 FEET, THENCE ALONG SAID CURVE WESTERLY 305.67
FEET THROUGH A CENTRAL ANGLE OF 15 TO THE SOUTHERLY CORNER OF SAID LOT 1;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 1 AND NON- TANGENT FROM SAID CURVE
NORTH 01 EAST 1197.91 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1 AND
A POINT ON A NON- TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
2053.50 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 01
EAST, THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 AND SAID CURVE EASTERLY
650.31 FEET THROUGH A CENTRAL ANGLE OF 18 0 08'41 "; THENCE LEAVING SAID NORTHERLY
LINE AND NON - TANGENT FROM SAID CURVE SOUTH 20 EAST 215.79 FEET; THENCE
SOUTH 18 EAST 118.79 FEET; THENCE SOUTH 24 EAST 227.77 FEET, THENCE
SOUTH 27 EAST 318.28 FEET TO THE TRUE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PARCEL 1 IN A CERTIFICATE OF COMPLIANCE
RECORDED ON DECEMBER 15, 2005 AS FILE NO. 2005 - 1076334 OF OFFICIAL RECORDS OF
SAID SAN DIEGO COUNTY.
PARCEL B:
PORTION OF LOTS 1 AND 2 OF CITY OF POWAY TRACT NO. 98 -05, ACCORDING TO MAP
THEREOF NO. 13852, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON SEPTEMBER 17, 1999 AS FILE NO. 1999- 0639226 OF OFFICIAL RECORDS, SAID
PORTION OF LOT 2 DESCRIBED AS PARCEL 1 OF CERTIFICATE OF COMPLIANCE RECORDED
AUGUST 15, 2001 AS FILE N0, 2001 - 0581327 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT 1, SOUTH 62 WEST 154.64 FEET; THENCE LEAVING
SAID SOUTHEASTERLY LINE NORTH 27 WEST 318.28 FEET; THENCE NORTH 24
WEST 227.77 FEET; THENCE NORTH 18 WEST 118.79 FEET, THENCE NORTH 20
WEST 215.79 FEET TO THE NORTHERLY LINE OF SAID LOT 1, SAID POINT BEING ON THE ARC
OF A NON- TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2053.50
FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 16 WEST;
THENCE ALONG SAID CURVE EASTERLY 328.00 FEET THROUGH A CENTRAL ANGLE OF
09 TO THE NORTHEASTERLY LINE OF PARCEL 1 OF SAID CERTIFICATE OF
COMPLIANCE; THENCE ALONG SAID NORTHEASTERLY LINE, NON- TANGENT FROM SAID CURVE
SOUTH 30 EAST 845.73 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT
2; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 62 WEST 277.71 FEET TO THE
POINT OF BEGINNING.
SAID PROPERTYZEING DESCRIBED AS PARCEL 2 IN A CERTIFICATE OF COMPLIANCE
RECORDED ON DECEMBER 15, 2005 AS FILE NO. 2005- 1076334 OF OFFICIAL RECORDS OF
SAID SAN DIEGO COUNTY.
APN: 323 - 500 -18 -00 & 323 - 500 -19-00
._ , .
EXHIBIT B
Treatment BMP Maintenance Program
(Maintenance is the responsibility of the property owner)
Maintenance plan for storm drain inlet inserts
Monitoring Frequency /Indications First Year
❑
Before wet season begins (October);
❑
After rainfall events greater than 0.5 inches;
❑
After wet season (May).
❑
Additional inspections as recommended by manufacturer.
Subsequent Years
❑
Twice annual (before we season - October and after wet season -
May) inspection before wet season begins, or as recommended by
manufacturer.
Maintenance Indications ❑
Trash and debris interfering with function of insert;
❑
Broken or damaged insert;
❑
Sediment clogging insert,
❑
Insert adsorbent material at capacity.
Maintenance Activities ❑
Remove trash and debris;
❑
Repair inlet insert;
❑
Remove sediment;
❑
Replace adsorbent material when it has reached capacity at
or
intervals recommended by manufacturer.
Typical Maintenance Program for Detention Structure.
Inspection Frequency/Indications: First Year
❑ Before wet season begins (October);
❑ After rainfall events greater than 0.5 inches;
❑ After wet season (May).
Subsequent Years
❑ Before wet season begins (October) and after wet season (May)
Maintenance Indications Maintenance Activities
❑ Sediment accumulation over ❑ Remove sediment accumulation
3 inches
❑ Debris and trash accumulation in ❑ Remove debris and trash
upstream cleanout, maintenance
port in structure an /or downstream
Li Standing water in facility 96 hours ❑ Drain standing water
after rain event
❑ Inspect structure after significant ❑ Drain standing water and remove debris and trash from orifice.
rain events for standing water and
orifice cloaoina
*Maintenance records must be kept for a minimum of 5 years and shall be made available
to the City of Poway upon request.
Slough Parkway Business Center
BMP Maintenance Plan
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated:
L ..-
,/ 20/0 by HCP LS Poway I, LLC. a Delaware Limited Liability
Company, 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:
Seal:
M: \engsery \Clapp\Agreements \Slough \Slough Storrn Water Facilities Agmt Revised.docx
CITY OF POWAY