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Storm Water Management Facilities Maintenance Agreement 2011-0247493DOC It 2011-0247493 IIIIIIIIIIIIIIIIIIIIInIII�RIIIIIY�lullllllllllllllllllllllllll RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 Box 789 POWAY, CA 92074 APN: 31 MAY 12, 2011 12:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WAYS: 2 OC: NA PAGES: 12 11111 hill oil 111111115 111 IIII IIIII IIIII IIIII III III Hill III IIII (THIS SPACE F OR RECORDER'S USE) NO DOCUMENT TRANSFER TAX DUET STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (G1636-09) 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 the Roman Catholic Bishop of San Diego, a Corporation Sole (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 a multi -use facility in accordance with applications for Grading Permit No. G1636 -09, 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 ": An underground detention system located south of the building pads. Filterra Bioretention Filtration Systems located throughout the project site (6 locations). The precise location(s) and extent of the BMPs are indicated on the grading plans dated October 29, 2010, on file with CITY's Development Services Department as G1636 -09. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness are as set forth in the Operation and Maintenance Plan on file with the City of Poway as Exhibit "B ". ` ll t ,us, (0 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: Maintenance of Storm Water Management Faciiities. 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. 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 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 O: 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, at any 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. 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. 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 4 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 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: r Z Date: Rodrigo Valdivia Its: C60MM14 e ✓ 2 &3A(tg/ at7F Ees A CITY OF POWAY: Date: obert J. M nis Director of Developmen APPROVED AS TO FORM: Office am,* g "U, of the City Attorney Morg n L. ole ity A omey APPROVED AS TO CONTENT: Engineering Division zAe teven Crosby, P.E. City Engineer Attachments: EXHIBIT A EXHIBIT B MAengsery \Clapp\Agreements\St Michaels \St Michaels SWFMA.docx CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On March 3, 2011 before me, Donna L. Daly_,, Notary Public in and for said State, personally appeared Rodrigo Valdivia , who proved to me on the basis of satisfactory evidence to be the person(s) whose name() is /ale subscribed to the within instrument and acknowledged to me that he /she /diey executed the same in his4wBkheir- authorized capacity(ies), and that by his/hef /dieif signature(&) 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 seal. Signature of Notary Public o MONNA `— commission # 1901645 Miry Public • confornii LID&% San oipo County 24 0 14 Notary Public Seal Storm Water Management Facilities Maintenance Agreement, Poway. CALIF ORNIA • ACKNOWLED State of California County of J/ � C 0 On Z ©� before me, �/�yG L /f �J i� //�/1� �yDT�}-�2 Y ,(�� & l C- Date / / Maze insert Nanne add This of the Othcer / % ' personally appeared _ �B �/ /) /W� Nanne(S) of Stgnen(s) PHYLLIS SHINN Commission # 1778898 Notary Public • California San Diego County c0rM. = , 2011 who proved to me on the basis of sa 'sfactory evidence to be the person(( whose name(, is/4k subsc dbed to the within instrument and acknowledged to me that he/s� executed the same in his/t /to& a thorized capacity(i , and that by his/IXrAt)) r signatur ron the instrument the person(,, or the entity upon behalf of which the person(O acted, executed the instnrment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c wrect. WITNESS racy hand d official seal. Signature Place Notary Seal Above Signature of Not ry 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 Ms form to another document. Description of Title or Type of Document: - )/ WfflW Document Date: / n ' 4gC/f 9 Z 0 Signer(s) Other Than Named Above: D� 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: RIG HTTHUUN48PRiNT OF SIGNER Number of Pages: >' s. Name: • Individual • Corporate Officer — Title(s): _ ❑ Parlir — ❑ Limited ❑ General ❑ Attwney in Fact ❑ Tree ❑ Guardian or Conservator ❑ Off: Signer Its Representing: gin Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9131 -2402- wewww.NatfonalNotary org Rem #5907 Reorder. Call Tall -Free 1- 800.876.8827 EXHIBIT A PARCEL A: ALL THAT PORTION OF LOTS 3 AND 4 IN SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN., IN THE COUNTY OF SAN DIEGO, State of California, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY BOUNDARY OF SAID LOT 4 DISTANT THEREON SOUTH 13" 02' 51" WEST 1351.87 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG SAID WESTERLY BOUNDARY SOUTH 13 02' 59" WEST, 275.00 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, RECORDED MAY 12, 1959 AS DOCUMENT NO. 95593 OF OFFICIAL RECORDS BEING A POINT IN THE NORTHERLY LINE OF THE SOUTHERLY 7 ACRES OF THAT PORTION OF SAID LOT 4-WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY OF SAN BERNARDO RANCHO AND WESTERLY OF THE CENTER LINE OF THE MAIN PUBLIC HIGHWAY ROUTE 3; THENCE SOUTH 83 50' 40" EAST ALONG THE NORTHERLY LINE OF SAID LAND A DISTANCE OF 555.92 FEET TO THE CENTER LINE OF THAT CERTAIN 60.00 FOOT COUNTY ROAD KNOWN AS MISSION ROAD 1 -A, ALSO KNOWN AS POMERADO ROAD; THENCE NORTH 2 07' 00" EAST ALONG SAID CENTER LINE A DISTANCE OF 273.69 FEET TO AN INTERSECTION WITH A LINE BEARING SOUTH 83 50' 40" EAST FROM THE POINT OF BEGINNING; THENCE NORTH 83" 50' 40" WEST 503.63 FEET TO THE POINT OF BEGINNING. THE SOUTHERLY 7 ACRES OF THAT PORTION OF LOT 4, SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, State of California, ACCORDING TO THE OFFICIAL PLAT THEREOF WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY BOUNDARY LINE OF SAN BERNARDO RANCHO AND WESTERLY OF THE CENTER LINE OF THE MAIN PUBLIC HIGHWAY, ROUTE 3, THE NORTHERLY LINE OF SAID SOUTHERLY 7 ACRES BEING MEASURED PARALLEL WITH THE SOUTHERLY LINE OF THE ABOVE DESCRIBED LAND. EXCEPTING THEREFROM THAT PORTION OF THAT CERTAIN 7 (SEVEN) ACRE PARCEL OF LAND IN LOT 4 (FOUR) OF FRACTIONAL SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, State of California, WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF RANCHO SAN BERNARDO AND WESTERLY OF THE CENTER LINE OF COUNTY HIGHWAY COMMISSION MISSION ROAD 1 -A (NOW KNOWN AS POMERADO ROAD), SAID PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID RANCHO SAN BERNARDO DISTANT THEREON 286.65 FEET WESTERLY FROM THE CENTER LINE OF SAID POMERADO ROAD; THENCE NORTHERLY P ARALLEL WITH THE CENTER LINE OF SAID POMERADO ROAD A DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES, A DISTANCE OF 23.00 FEET THENCE NORTHERLY AT RIGHT ANGLES A DISTANCE OF 91.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF 33.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE NORTHERLY LINE,,OF SAID 7 (SEVEN) ACRES PARCEL. PARCEL B: THAT PORTION.OF THAT CERTAIN 7 (SEVEN) ACRE PARCEL OF LAND IN LOT 4 (FOUR) OF FRACTIONAL SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, State of California, WHICH LIES NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF RANCHO SAN BERNARDO AND WESTERLY OF THE CENTER LINE OF COUNTY HIGHWAY COMMISSION ROAD 1 -A (NOW KNOWN AS POMERADO ROAD), SAID PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID RANCHO SAN BERNARDO DISTANT THEREON 286.65 FEET WESTERLY FROM THE CENTER LINE OF SAID POMERADO ROAD; THENCE NORTHERLY P ARALLE L WITH THE CENTER LINE OF SAID POMERADO ROAD A DISTANCE OF 277.43 FEET; THENCE WESTERLY AT RIGHT ANGLES, A DISTANCE OF 23.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES, A DISTANCE OF 91.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF OF 33.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID 7 (SEVEN) ACRE PARCEL. PARCEL C: PARCEL 1 OF PARCEL MAP NO. 4335, ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A DIVISION OF PORTIONS OF LOT 4, SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF AND OF LOT 3, SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXHIBIT "B" St. Michael's Catholic Church Operation and Maintenance Plan Site Description . This project is located on an approximately 9.2 -acre site in the City of Poway in San Diego County. The site is situated on Pomerado Road, north of Camino Del Norte, at the northwest corner of Pomerado Road and Casa Avenida as shown on Thomas Brother's Map 1170 -C6. Approximately 3.3 acres of this 9.2 -acre site are being developed. Improvements include the phased construction of a multi-use building, parking lots, driveways, basketball court, amphitheater, and associated landscape and hardscape areas. This expansion project is a portion of an overall 26 acre campus along Pomerado Road. Within the project limit there are no 303(d) impaired receiving waters and no Regional Board special requirements. However, this project flows to a tributary to Los Penasquitos Creek, which is impaired for phosphate & TDS. Los Penasquitos Creek eventually flows to Los Penasquitos Lagoon, which is impaired for sediment. No known contaminated or hazardous soils are within the project= area. The project consists of soil group D, which represents soils with very high runoff potential. Poway has a mild climate (average daily temperature of 70 degrees) with an average annual rainfall of approximately 13.9 inches. Drainage Areas and Stormwater Facilities Storm runoff from the projects impervious areas will be captured, via six Filterra Stormwater Bioretention Filtration Systems, and conveyed through an underground storm drain system towards the southeast corner of the site. Flows will then pass through an underground detention system before being piped under Pomerado Road through the existing 30 -inch pipe. Flows exit from the 30 -inch pipe into an existing concrete -lined channel which represents Pomerado Creek. Pomerado Creek flows into Poway Creek approximately three miles downstream. Maintenance Schedule Operation and Maintenance of Filterra Stormwater Bioretention Filtration Systems Units will be inspected twice annually, as well as before and after storm events of 0.5 inches or greater. The following maintenance steps will be performed at each inspection: • Inspection of Filterra and surrounding area. • Removal of tree grate and erosion control stones. • Removal of debris, mulch and trash. • Replacement of mulch. • Clean around Filterra. • Complete maintenance log and record plant height and width. Responsibility for Maintenance The property owner will be responsible to ensure the Filterra Units are installed and maintained as outlined in this plan. The owner has currently contracted with Trevor Tichacek, Field Services Coordinator for Filterra Bioretention Systems, to perform inspection and maintenance services for the Filterra Stormwater Bioretention Filtration Systems. Maintenance responsibility will "transfer with the land" if ownership changes. Property owner contact information: Jim Gase St. Michael's Church 15546 Pomerado Road Poway, CA 92064 858.485.1037 Direct Line 858.487.4755 Church Line jimg®stmichaelschurch- poway.org Inspection/ Maintenance Log Filterra Bioretention Systems will be responsible for preparing maintenance/ inspection logs. All maintenance/ inspection records will be retained for 5 years and shall be made available to the City of Poway upon request. Funding The property owner is responsible for the funding necessary to maintain the Filterra Units. Training The property owner will provide training materials to contracted party (facility staff) describing inspection and maintenance procedures per the manufacturer's recommendations. Alternatively, the property owner will retain the services of the manufacturer for all inspection and maintenance activities. K CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated: rM 2_ , 2011, by the Roman Catholic Bishop of San Diego, 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: D CITY OF POWAY