Storm Water Management Facilities Maintenance Agreement 2015-0047781I�
�1 RECORDING REQUESTED BY:
t7 CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY. CA 92074
APN: 277 - 201 -11
DOC# 2015 - 0047781
Feb 03, 2015 11:51 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: NIA
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
14480 Cheyenne Trail
(1313 -0428)
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 Property Owner(s), New Pointe Investment 24, LLC (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. This AGREEMENT replaces the previously recorded Storm Water Management Facilities
Maintenance Agreement, recorded August 7, 2013 as document number 2013 - 0495391.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California,
more particularly described as Lot 25 of City of Poway Tract No. 89 -13R The Heritage Phase 1, Unit
1, in the City of Poway, County of San Diego, State of California, according to map thereof No. 13708,
filed in the office of the County Recorder of San Diego County December 17, 1998 (hereinafter
referred to as the "PROPERTY "), which is the development of a single - family residence, in
accordance with applications for Minor Development Review Application 12 -054, and Building Permit
No. B13 -0428, 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 a
bioretention basin at the base of a manufactured slope east of the main building pad, shown on the
schematic on the last page of Exhibit "A ".
The precise location and extent of the BMPs are indicated in the approved Water Quality Technical
Report Replacement Addendum 14480 Cheyenne Trail, prepared by Tory R. Walker Engineering
dated November 20, 2014, on file with CITY's Development Services Department. 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 "A ".
15- DO
Because additional impervious area may require the addition of or alteration of storm water
management areas and strategies, no impervious area may be added to the project site without prior
approval from the City Engineer. Additional impervious area includes, but is not limited to, patio
covers, hardscape improvements, and building additions.
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 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.
2. 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.
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
SWFMA (613 -0428) Page 2
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 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.
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
SWFMA (613 -0428) Page 3
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 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:
0
Its:
Investment 24, LLC
MAVA& aSandstrom
// )
CITY OF POWAY:
Ro"bkrt Manis '
Director of Development
Date:
Date:
SWFMA (613 -0428) Page 4
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County of
On Ta A l3, aZ 0 fX before me,
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personally appeared rZ4 C. S42 4 S 4mc 204
who proved to me on the basis of satisfactory evidence to be the persci whose name(,* is /arA(subscribed to
the within instrument and acknowledged to me that he /slk /they executed the same in his /hVr /tt*ir
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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.
ADRIA VIDAURRI
COMM. #2054328 z
WITNESS my hand and official seal. allotary Public - Glifornia o
San Diepo County Cotnn. Ez es Jan. 5 2018
Signature
(Seal)
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Commission * 1956215 ��T// // 7 /
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02014 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
APPROVED AS TO FORM:
Office of the City Attorney
(6bu
Mor n L. o ,City ttorney
APPROVED AS TO CONTENT:
Engineering Division
Steven Crosby, P.E.
City Engineer
Wengserv\Land Development Projects\2013\1313 -0428 Cheyenne Trail \SWFMA.docx
SWFMA (B13 -0428) Page 5
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: / -9JP-1 S , from New Pointe
Investment 24, LLC 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: / �((L,jr-) CITY OF POWAY
Seal:
..-
SWFMA (B13 -0428) Page 6
VII. MAINTENANCE PLAN
Section 1- OPERATION & MAINTENANCE
VERIFICATION FORM
EXHIBIT "A"
RECEIVED
SEP 10 ?C:'
CRY OF POWAY
DEVEL0P9017 =VICES
OPERATIONS & MAINTENANCE PLAN
in order to meet storm water standards, all installed, permanently maintained BMPs, must be properly
operated and maintained. A project specific O &M plan is provided herein.
In order to perform proper 0 &M the owners of the Cheyenne Trail residence will be required to
maintain and inspect the Permanent BMPs for the life of the project. An inspection schedule,
maintenance instructions, and other BMP related items have been Included.
The City of Poway requires O &M records to be kept and maintained for a minimum of 5 years. The
Regional Water Quality Board may ask for inspection and maintenance records at any time after the
initial installation is complete. There is no sunset clause. The owner is responsible to maintain these
records and provide them when needed to the public agencies. The attached maintenance log and
inspection forms are general and fill in the blank. The logs are intended to be copied for use each time
as needed.
MAINTENANCE LOG
The project specific maintenance log form, blank form, is attached in this report. This form shall be used
to keep a record of maintenance activities.
INSPECTION REPORT FORM
The project specific inspection report form, blank form, Is attached in this report. This form shall be
used to keep a record of inspection activities.
INSTALLED PERMANENT AND POST CONSTRUCTION BMP DEVICES
The Cheyenne Trail residence will be utilizing the following permanent and post construction BMPs and
devices:
SOURCE CONTROL & SITE DESIGN REFERENCES
Please see the following references. Electronic copies of the referenced CASWA BMP Fact Sheets can be
found at the following web addresses:
. Please note these web addresses are
subject to change at any time. Please contact the California Storm Water Quality Association or the
County of San Diego for any updates.
The following items are referenced for this project:
CASWA BMP Fact Sheet SD -10: Site Design and Landscape Planning
CASWA BMP Fact Sheet SD -12: Efficient Irrigation
COUNTY OF SAN DIEGO LID Fact Sheet 7: Bioretention Area
INSPECTION FREQUENCY
In order to properly implement the Cheyenne Trail residence O &M Plan all BMPs must be maintained at
regular intervals and after qualifying rain events. The specific maintenance frequencies and indicators
which are required to properly execute this 0 &M Plan are indicated herein. Unless otherwise specified
in an individual BMP, all BMPs are to be inspected at least twice per year. One inspection shall be
between 30 and 60 days prior to the onset of the rainy season; October 1 each year. This will insure that
all necessary maintenance and repairs can be performed prior to the onset of the rainy season. The
second inspection shall be immediately after the end of the rainy season; April 30 each year; within 30
days.
TYPICAL MAINTENANCE ACTIVITIES
The following is a compilation of the routine activities which are required for each installed BMP on the
project site.
SELF TREATING AREAS
The following is inspection and maintenance guidance Information for self treating areas.
Routine Action: Inspect Health of Vegetation
Maintenance Indicator: Dead Vegetation or Bio
Field Measurements: Visual Inspection
Inspection Frequency: During routine maintenance and documented twice per year
Maintenance Activity: Reestablish vegetation as needed using drought tolerant or native plants
Approximate Cost: Varies per maintenance required
Routine Action: Inspect for Erosion or Debris Accumulation
Maintenance Indicator: eroded gullies, sediment accumulation, debris, trash, or litter
Field Measurements: Visual Inspection
Inspection Frequency: During routine maintenance and documented twice per year
Maintenance Activity: Reestablish grade of slope areas, remove sediment or fill in gullies. Compact as
necessary. Remove debris, trash, or litter.
Approximate Cost: Varies per maintenance required
SELF RETAINING AREAS
The following is inspection and maintenance guidance information for self retaining areas.
Routine Action: Inspect for Debris Accumulation
Maintenance Indicator: debris, trash, or litter present
Field Measurements: Visual Inspection
Inspection Frequency: During routine maintenance and prior to the onset of any rain storm
Maintenance Activity: Remove accumulated debris, trash, or litter
Approximate Cost: none required
Routine Action: Inspect for Sediment Accumulation
Maintenance Indicator: sediment at or near height of vegetation; 3" minimum ponding depth is to be
maintained
Field Measurements: Visual Inspection
Inspection Frequency: During routine maintenance and prior to the onset of any rainstorm
Maintenance Activity: Remove accumulated sediment
Approximate Cost: none required
Routine Action: Inspect for Standing Water
Maintenance Indicator: standing water after 48 hours
Field Measurements: Visual Inspection
Inspection Frequency: After every qualified rain event
Maintenance Activity: Remove water within 72 hours of rain event by bailing or pumping. Possibly
replace soils with sandy materials if problem persists
Approximate Cost: Varies per maintenance required
BIORETENTION BASIN
The following is inspection and maintenance guidance Information for bioretention basin.
Routine Action: Inspect for Debris Accumulation
Maintenance Indicator: debris, trash, or litter present
Field Measurements: Visual Inspection
Inspection Frequency: During routine maintenance and prior to the onset of any rain storm
Maintenance Activity: Remove accumulated debris, trash, or litter
Approximate Cost: none required
Routine Action: Inspect for Sediment Accumulation
Maintenance Indicator: sediment at or near height of vegetation; 6" minimum ponding depth is to be
maintained
Field Measurements:
Visual Inspection
Inspection Frequency:
During routine maintenance and prior to the onset of any rain storm
Maintenance Activity:
Remove accumulated sediment
Approximate Cost: none required
Routine Action: Inspect for Standing Water
Maintenance Indicator: standing water after 48 hours
Field Measurements: Visual Inspection
Inspection Frequency: After every qualified rain event
Maintenance Activity: Remove water within 72 hours of rain event by bailing or pumping. Possibly
replace soils with sandy materials if problem persists
Approximate Cost: Varies per maintenance required
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WATER QUALITY TECHNICAL REPORT
14480 CHEYENNE TRAIL
r!Ty0FPnW1kV rA11FnRNIA
INSPECTION FORM
item inspected this site visit:
❑ Self Treating Areas ❑ Self Retaining Areas
❑ Bioretention Basin
INSPECTION REQUIREMENT
INSPECTED THIS
VISIT
See Corrective Action Note
Inspect Health of Vegetation
❑ Yes ❑ No
Inspect Erosion or Debris
Accumulation
[]Yes ❑ No
Inspect for Sediment
Accumulation
❑ Yes ❑ No
Inspect for Standing Water
❑ Yes ❑ No
Inspect for Contaminaton by Oils,
Paint, or Foreign Objects
❑ Yes ❑ No
Corrective Action Notes:
1.
n� ...�� 't ��.cn i. _ _ �•u. c %i
PRIVATE TREATMENT CONTROL BMP OPERATION AND MAINTENANCE VERIFICATION FORM
BIORETENTION FACILITIES, SELF- RETAINING AREAS
Permit No.:
BMP Location:
Responsible Party: Phone Number. Email:
Responsible Party Address:
Using the Table below, please describe the inspections and maintenance activities that have been
conducted during the fiscal year (July i —June 30), and date(s) maintenance was performed. Under
"Results of inspection," indicate whether maintenance was required based on each inspection, and If so,
what type of maintenance. If maintenance was required, provide the date maintenance was conducted
and a description of the maintenance. THE SECOND SHEET HAS ADDITIONAL INFORMATION
DESCRIBING TYPICAL MAINTENANCE INDICATORS AND MAINTENANCE ACTIVITIES. if no maintenance
... __ ___..: --A 6.. ---I ..n 160 (ncnar }inn requits. state "no maintenance required."
Wasrequ.: W.
..._..._- ____._.
Results of Inspection:
Work needed?
Yes /No
Date Maintenance Completed and
Description of Maintenance Conducted
_
What To Look For?
Date Inspected
Accumulation of
Sediment, Litter,
Grease
Standing Water
Erosion
Overgrown
Vegetation
Poor vegetation
Establishment
Structural Damage
Attach copies of available supporting documents (photographs, copies of maintenance contracts,
and /or maintenance records).
Sign the bottom of the form and return to: city of Poway
Poway, CA
Email:
Signature of Responsible Party Print Name Date
This guide sheet provides general indicators for maintenance only. Your developer prepared
maintenance plans specifically for your treatment control BMP as an appendix to the Water quality
Technical Report.
You have two types of Treatment Control Features on your property: Bioretention and Self- Retaining
Areas.
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:
Accumulation of sediment (over 2
inches deep or covers vegetation),
litter, or debris
Poor vegetation establishment
Overgrown vegetation —woody
vegetation not part of design is
present and grass excessively tall
(greater than to inches)
Erosion due to concentrated
Typical Maintenance Actions
Remove and properly dispose of accumulated materials,
without damage to the vegetation. Confirm that soil is not
clogging and that the area drains after a storm event. Till or
reface soil as necessary.
Ensure vegetation is healthy and dense enough to provide
filtering and to protect soils from erosion. Replenish mulch as
necessary (if less than 3 inches deep), remove fallen leaves
and debris, rune large shrubs or trees, and mow turf areas.
Mow or trim as appropriate, but not less than the design
height of the vegetation (typically 4.6 inches for grass).
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 weeds.___
aar,airlre -seed eroded areas and adjust the irrigation.
irrigation flow
Erosion due to concentrated Repairtre seed eroded areas and make appropriate corrective
stormwater runoff flow measures such as adding erosion control blankets, adding
stone at flow entry points, or re grading where necessary .
Remove obstructions and sediment accumulations so water
Standing water (BMP not draining).
If mosquito larvae are present and
persistent, contact the San Diego
County vector Control Program at
(858) 694-2888. Mosquito
larvicides should be applied only
when absolutely necessary and
then only by a licensed individual or
contractor.
Obstructed inlet or outlet structure
Damage to structural components
such as weirs, inlet, or outlet
structures
Where there is an underdrain, such as in planter boxes and
manufactured biofilters, check the underdrain piping to make
sure it is intact and unobstructed. Abate any potential vectors
by filling holes in the ground in and around the biofilter
facility and by insuring that there are no areas where water
stands longer than 96 hours following a storm.
Reoplace as applicable.
w
LLJ
LL,
i
0
cn
0
0
w
w
U
W
O
O
z
V)
ti
W
O
Q
V)
O
5
as
W
4
g
Q
O
d
w
0
z
w
w
w
0
0
M
Ld
W
W
U
W
O
O
Z
T
W
w
w
O
Q
O
O
W
CL
J
Q
d
W
O
Z