Storm Water Management Facilities Maintenance Agreement 2013-0697134i
.111;
RECORDING REQUESTED,BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 277 - 220 -10 -00
D 0 C ## 2013-0697134
IIIIIIII11111111 111111111111IIII1 1111111111 111III
NOV 27, 2013 11:12 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00 WAYS: 2
OC: NA
PAGES: 13
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Davis Residence 18605 Old Coach Drive
(G12 -0012)
The undersignedgrantor(s) declares:
Documentary Transfer Tax is $, -'0- pursuant to Revenue & Tax 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 Property Owner(s) Gary R. Davis Jr. and Maria G. Davis
(hereinafter referred to collectively 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 "), in accordance:w,ith applications for MDRA 12 -01.7, and Grading Permit No. G12-
0012, which are 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 ":
Three Bioretention Basins as shown on the approved grading plans.
The precise location(s) and extent of the BMPs are indicated on the Grading Plan on file with
CITY's Development Services Department as G12 -0012 and within the Water Quality Technical
Report for Davis Residence Single - Family Dwelling, dated December, 2012 and the addendum
thereto dated July 29, 2013. 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 (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:
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 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 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.
Notices. OWNER further agrees that it shall, prior to transferring ownership of any land
on which any of the above BMPs are located, or any lot or portion of the PROPERTY
which is served by the above BMPs, and also prior to transferring ownership of any such
BMP, provide clear written notice of the above described maintenance obligations to the
transferee.
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
SWMFMA — G12 -0012 Page 2
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
over, under and across all of the PROPERTY,
inspecting the BMPs, and performing any of the
in Paragraph 1 above. CITY shall have the right,
OWNER, to enter upon any part of said area a
such purposes. OWNER ,shall at all times ma
CITY's access clear and unobstructed.
grants to CITY a perpetual easement
for purposes of accessing the BMPs,
MAINTENANCE ACTIVITIES specified
at any time and without prior notice to
a may be necessary or convenient for
ntain the PROPERTY so as to make
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 the City related to the implementation of
this Agreement shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
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.
SWMFMA — G12 -0012 Page 3
7. Allocation of Costs. Following the sale or transfer of any of the individual residential
lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this
Agreement shall be divided equally by all lot owners, and paid by each lot owner or his
or her heirs, assigns and successors in interest. This requirement shall be binding on all
lot owners in the subdivision, and each shall be responsible for his or her equal share of
the cost associated with the maintenance.
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 Director of Development Services 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. OWNER hereby waives
any right to remove any such action from San Diego County as is otherwise, permitted by
California Code,of.Civil Procedure Section 394. In the event that anyof 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.
SWMFMA — G12 -0012 Page 4
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
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Date: i3
XG. s Jr.
Dat e: . vis
CITY OF POWAY:
l" TIE zz Date:
Agbert J. Ma s
Director of Development ices
APPROVED AS TO FORM:
Office of the City Attorney
Morg n C. ole , City ttorney
Attachment
1. Certificate of Acceptance
APPROVED AS TO CONTENT:
Engineering. Division
teven Crosby, P.E.
City Engineer
M: \engsery \land Development Projects \2012 \G32 -0012 Davis \Revised Davis SWFMA.docx
SWMFMA — G12 -0012 Page 5
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
STATE OF California )SS
COUNTY OF _Sar� ,0 )
On AnI4 ( z o i before me, TAL-, ,R.r --S , Notary Public, personally appeared
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is,true and correct.
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h� NOTARY PUBLIC - CALIFORNIA N
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CERTIFICATE OF ACCEPTANCE
(Storm Water Management
Facilities Maintenance Agreement)
This is to certify that the interest in real property located in the City of Poway conveyed by the
Grant of'Easement described in Item 4 of the attached document dated: Av9vs} (, , ;rArom
Gary R. Davis Jr. and Maria G. Davis to the City of Poway, 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.
Dated: /1- 3-?- c!) CITY OF POWAY
Seal: By:
Sheila R. Cobian, CIVIC
City Clerk
SWMFMA - G12 -0012 Page 6
Exhibit "A"
Parcel 1 :
Lot 10 of City of Poway Tract No. 98-02 Heritage Ranch Estates, in the City of Poway, County "of San Diego, State
of California, according to Map thereof :No'.'14388, filed in the Office.of. the .County Recorder of San Diego County,
May 8, 2002.
Parcel 2:
An easement and right of way for road and utility purposes, over, under, along and across'Lot "F" (commonly
known as "Old Coach Drive'), Lot "H" (commonly known as "Old Coach Drive "), Lot "N ". (commonly known as
"Old Coach Drive") -and Lot-"K' (commonly known.as "Old Coach Way "),,of,City of Poway Tract No. 89 -13R, The
Heritage, Phase 1, Unit 1.; according to Map thereof' No. 13708, filed in said County Recorderfs Office.
Parcel 3:
Nonexclusive easements "for access, ingress, egress, inspection, maintenance, repair, drainage, encroachment,
support and for other purposes, all as described in the Declaration,. and any amendments thereto.
Assessor's Parcel No: 277 - 220 -10 -00
Exhibit'" B"
OPERATION & MAINTENANCE PLAN
FOR STORMWATER
TREATMENT CONTROL DEVICES
FOR
s,
DAVIS RESIDENCE
PROJECT NO.
Lot 10 of Map No. 143,88
18605 Old Coach Dr.
APN 277 - 220 -10
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MDRA 12 -017
Prepared By:
James A. Turpin, P.E.
Consulting Engineer
955 Boardwalk, Ste. 203
San Marcos, CA 92078
(760) 415 -1188
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jturpinbusiness @yaboo.com
Prepared For:
Gary & Maria Davis
1516 La Manda Drive
Poway, CA, 92064
(619) 843 -7748
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Responsibilities Patties
All treatment control BMP devices shall be maintained by,Mi. Gary Davis and /or Mrs.
Maria Davis or the current owners of the specific property at Lot 10 of Map No.14388. All
maintenance operations shall be maintained in accordance with this O&M Plan.
The.City of Poway requires the retention of all maintenance logs and facility records for at
least 5 years.
Site Specific Treatment' Control BMP Facilities
The rBMP Site Plan identified each facility and delineates contributing surface area, and
I surface type that drains to:each facility. It also includes design criteria including,outlet
heights above the basin bottom and orifice sizes to meet flow control requirements.
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Documentation of Construction of Treatment Control BMP Facilities
All facility construction information from final construction drawing will be incorporated
into this section of the O&M Plan and detail as, built information of each facility.
Maintenance Plan for each Facility
All treatment facilities are bioretention facilities with flow control devices to meet
hydromodification requirements. Therefore the following Operation and Maintenance
Schedule for Privately Owned and Maintained Stormwater BioretentionlDetention
Basins shall apply to all'.facilities.
OPERATION AND MAINTENANCE SCHEDULE FOR
PRIVATELY OWNED AND MAINTAINED
STORMWATER BIORETENTION/DETENTIONBASINS
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1. Each infiltration basin shall be inspected annually and after major storms. Inspections
shall be performed during wet weather to determine if the facility is functioning
(' properly.
2. The top and side slopes of the embankment shall be mowed a minimum of once per
year, when vegetation reaches 18" in height or as needed.
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3. Debris and litter shall be removed during regular mowing and pruning operations and
as needed.
f' 4. Visible signs of erosion in the facility shall be repaired as soon as it is noticed.
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' 5. Remove silt when it exceeds two (2) inches deep in the basin.
( 6. The bottom of each.facility shall be rototilled at least once every two (2) years to insure
{ that the soil maintains the infiltration capability.
7. Rodent activity shall be monitored on a continual basis. Any signs of damage due to
rodent activity such as burrows shall be repaired immediately.
t ' 8. A logbook shall be maintained to determine the rate at which each facility drains. The
maintenance logbook shalf be available to the City of'Po7ay officials for inspection to
insure compliance with operation and maintenance criteria.
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9. Once the performance characteristics of each infiltration basin has been verified, the
monitoring schedule can be .reduced to an annual basis unless the performance data
indicates that more frequent schedule is required.
Estimated Maintenance Costs
Maintenance costs are estimated at 5 to io% of construction costs or $2,000
annually.
i Additional information is provided in the Fact Sheet for Stormwater Facility Operation
-' and Maintenance attached.
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C' Stonhwater Facility Operation and Maintenance Fact Sheet
► BIORETENTION FACILITIES
f These facilities remove pollutants primarily by filtering runoff slowly through aerobic,
biologically active soil. Routine maintenance is needed to ensure that flow is unobstructed,
that erosion is prevented, and that soils are held together by plant roots and are biologically
active. Typical maintenance consists of the following:
• Inspect inlets for channels, exposure of soils, or other evidence of erosion. Clear
any obstructions and remove any accumulation of sediment. Examine rock or
other material used as a splash pad and replenish if necessary.
• Inspect outlets for erosion or plugging.
( • Inspect side slopes for evidence of instability or erosion and correct as
I necessary.
EEE • Observe the surface of bioretention facility soil for uniform,percolation
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throughout. If portions of the bioretention facility do not drain within 24 hours
after the end of a storm, the soil should be tilled and replanted. Remove any
debris or accumulations of sediment.
• Examine the vegetation to ensure that it is healthy and dense enough to provide
filtering -and to protect soils from erosion. Replenish mulch as necessary, remove
fallen leaves and debris, prune large shrubs or trees, and mow turf areas. When
mowing, remove no more than 1/3 height of grasses. Confirm that irrigation is
adequate and not excessive and that sprays do not directly enter overflow grates.
Replace dead plants and remove noxious and invasive vegetation.
• Abate any potential vectors by filling holes in the ground in and around the
bioretention facility and by insuring that there are no areas where water stands
longer than 48 hours following a storm. If mosquito larvae are present and
persistent,; contact the San Diego County Vector Control Program for
information and advice. Mosquito larvicides should be applied only when,
absolutely necessary and then only by a licensed individual or. contractor.
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Additional Requirements
This O&M Plan is.a living document and shall be updated as necessary , in theevent tbereis.a
change in O&M personnel, mechanical devices replaced or additional maintenance
procedures are needed.
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