Storm Water Management Facilities Maintenance Agreement 2015-0113282RECORDING REQUESTED BY:
CITY OF POWAY
>C AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY. CA 92074
DOC# 2015- 0113282
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Mar 11, 2015 04:59 PM
OFFICIAL RECORDS
Ernest J. Dronenburg,Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
(THIS SPACE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
Wal -Mart 13427 Community Road
(G12 -0004)
The undersigned grantor(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) Wal -Mart Real Estate Business Trust (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 "), which
is a commercial redevelopment project, in accordance with applications for DR90- 012R(2), and
Grading Permit No. G12 -0004, 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 that are identified as "Best Management Practices" or
"BMPs ":
"No Dumping" stenciling on drainage inlet facilities,
Five flow through planters,
Four high -rate media filter inserts, and,
Five bioretention planters, all 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 -0004 and within the Water Quality Technical Report for
Walmart #1700 -05 Expansion, dated December 12, 2012. 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 ".
/ S -DIS
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.
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
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
Wal -Mart SWFMA Page 2
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 Bi 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.
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
Wal -Mart SWFMA Page 3
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 /Wal-Mai Real Estate Business Trust
By:
Its:
CITY OF OWAY:
— ��- �a
Robe J. Mai s, Direct of eve pment Services
APPROVED AS TO FORM:
Office of the City Attorney
"it
Morga L. F ley {City A orney
M: lengsery %ClappWgreements \Walmart\SW FMA.dou
Date:
APPROVED AS TO CONTENT:
Engineering Division
ev Crosby, P.E.
City Engineer
Wal -Mart SWFMA Page 4
STATE OF )
COUNTY OF )
3
On4LbAaVj,, efore me, id/ Notary Public, in
and for said county and te, personally ap ed 2�
who proved to me on a basis of satisfactory evide e) to be the person(o'whose
nameK islar subscribed to the within instrument and acknowledged to me that
he /shefthsp executed the same in his4wrAheir- authorized capacity(ies); and that by
his,"hGp4h,ok- signatureWon the instrument the personW,or 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 hand and official seal.
Signature
4re 41ZZ
of Notary Public
V 06 31AR),
PuBo'
21K-0_K- 79272«.I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
�IWIMIRZ �t le
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia )
County of of --5fL✓ /z-6 O
On 1;11QCfis LPN- before me,
Date Here Insert Name and Tide of the Officer
personally appeared
N
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personk whose nameM is/I06
subscribed to the within instrument and acknowledged to me that he /S)Ve/tt* executed the same in
his/rp! rItM,iir authorized capacity(io), and that py his /Redtf*r signatureA on the instrument the person(k,
or the entity upon behalf of which the person acted, executed the instrument.
.• PHYLLIS SHINN
-- Commissions 1956215
Z �� Notary Public •California s
Z San Diego County
M Comm. Expires Nov 9, 2015 r
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
ignature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document —
Title or Type of Docu S�RWt IN�?i7? TAB /� / l7E�Document Date: rE
Number of Pages: Signer(s) Other Than Named Above: 4,9N41 E•
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
no
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing
02014 National Notary Association • www.Nationa]Notary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907
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: February 28, 2013, from Wal -Mart
Real Estate Business Trust 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:. CITY OF POWAY
By:
heila R. Cobian, CIVIC
City Clerk
Wal -Mart SWFMA Page 5
EXHIBIT 'A. SHEET 1 OF 2 SHEETS
LEGAL PE'SCRIPTION.-
PARCEL A:
PARCEL 1 OF PARCEL MAP N0, 16871, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 10, 1992 OF
OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL BUILDINGS STRUCTURES AND OTHER IMPROVEMENTS ON SAID LAND.
PARCEL A1:
A NON- EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS OVER AND ACROSS
THAT PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 16871 AS DESCRIBED AND DELINEATED IN A
RECIPROCAL EASEMENT RECORDED JULY 20, 1992 AS FILE N0. 1992- 0452666 OF OFFICIAL RECORDS.
PARCEL B:
ALL BUILDINGS, STRUCTURES, AND OTHER IMPROVEMENTS ON THE FOLLOWING DESCRIBED PROPERTY:
PARCEL 1 OF PARCEL MAP NO. 16871 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 10, 1992 OF
OFFICIAL RECORDS.
PARCEL BI:
A NON- EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS OVER AND ACROSS
714AT POR710N OF PARCELS
2 AND 3 OF PARCEL MAP NO. 16871 AS DESCRIBED AND DELINEATED IN A RECIPROCAL EASEMENT
RECORDED JULY 20, 1992 AS
FILE NO. 1992- 0452666 OF OFFICIAL RECORDS.
PARCEL 132:
AN EASEMENT FOR INGRESS AND EGRESS PUBLIC UTILITIES, AND RIGHTS INCIDENTAL THERETO OVER,
UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED PROPERTY..
PARCEL 1 OF PARCEL MAP NO. 16871, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 10, 1992 OF
OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL BUILDINGS, STRUCTURES AND 07HER IMPROVEMENTS ON SAID LAND.
AS SET FORTH IN THAT CERTAIN LEASE DATED DECEMBER 1, 1992 EXECUTED BY AND BETWEEN WAL -MART
STORES, INC., A DELAWARE CORPORA710N AND RETAIL TRUST 111, A DELAWARE BUSINESS TRUST AS
DISCLOSED BY MEMORANDUM OF GROUND LEASE RECORDED APRIL 22, 1993 AS FILE NO. 1993- 0248870 OF
OFFICIAL RECORDS.
PARCEL C.
ALL THAT POR7701V OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP
14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, WITH THE WESTERLY LINE OF THE
COUNTY ROAD AS SHOWN ON THE MAP OF COUNTY ROAD SURVEY NO. 335. A PLAT OF WHICH IS ON FILE
IN THE OFFICE OF THE COUNTY SURVEY OF SAID SAN DIEGO COUNTY AND COMMONLY KNOWN AS MIDLAND
AVENUE., THENCE ALONG THE WESTERLY LINE OF SAID AVENUE, NORM 00 10' WEST TO THE BEGINNING OF
EXHIBIT 'A ° SHEET 2 OF 2 SHEETS
LEGAL DESCRIPTION..
PARCEL C - CON77NUED
A TANGENT 175.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY IN SAID WESTERLY LINE, THENCE ALONG
THE NORTHERLY PROLONGATION OF THE LAST MENTIONED BEARING NORTH 00 10' WEST, TO A LINE WHICH IS
PARALLEL WITH AND DISTANT 55.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY
LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE WESTERLY
ALONG SAID PARALLEL LINE 165.00 FEET, • THENCE SOUTH 00 10' EAST, 115.00 FEET TO AN INTERSECTION WITH
THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 13, THENCE EASTERLY ALONG SAID LINE 165.00 FEET TO THE POINT OF BEGINNING.
PARCEL D:
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SEC77ON 13, TOWNSHIP 14
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 THE INTERSEC7ON OF THE SOUTHERLY LINE OF THE NORTHERLY 170.00 FEET OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SEC71ON 13, WITH THE WESTERLY LINE OF THE
COUNTY ROAD AS SHOWN ON THE MAP OF COUNTY ROAD SURVEY NO. 335, A PLAT OF WHICH IS ON FILE IN
THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY AND COMMONLY KNOWN AS MIDLAND
AVENUE; THENCE ALONG THE WESTERLY LINE OF SAID AVENUE, NORTH 00 10' WEST TO THE BEGINNING OF A
TANGENT 175.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY IN SAID WESTERLY LINE, BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTHERLY ALONG THE ARC OF SAID
CURVE TO AN INTERSEC7ION WITH A LINE WHICH IS PARALLEL WITH AND DISTANT 55.00 FEET SOUTHERLY,
MEASURED AT RIGHT ANGLES FROM THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 13 THENCE WESTERLY ALONG SAID PARALLEL LINE TO AN INTERSEC77ON WITH THE
NORTHERLY PROLONGATION OF THE LAST MEN17ONED BEARING DESIGNATED "NORTH 00 10' WEST" FROM THE
TRUE POINT OF BEGINNING,' THENCE ALONG SAID PROLONGATION SOUTH 00 TO' EAST TO THE TRUE POINT OF
BEGINNING.
PARCEL E
ALL THAT PORTION LYING WITHIN 774E NOR714 170 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SEC77ON 13 TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE SOUTHERLY ALONG THE CENTERLINE OF ROAD SURVEY 335 -65, A PLAT OF WHICH IS ON FILE IN THE
OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, 170 FEET MORE OR LESS TO THE SOU774ERLY LINE OF
SAID NORTH 170 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, • THENCE WESTERLY ALONG
SAID SOUTHERLY LINE 42 FEET MORE OR LESS TO THE WESTERLY LINE OF SAID ROAD SURVEY 335 -65 AND
THE TRUE POINT OF BEGINNING THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE BEGINNING OF A 20
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND TANGENT TO SAID WESTERLY LINE AND A LINE 774AT IS
PARALLEL WITH AND DISTANT 60 FEET AT RIGHT ANGLES SOUTHERLY FROM THE NORTHERLY LINE OF SAID
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTHERLY AND WESTERLY ALONG SAID 20
FOOT RADIUS CURVE TO SAID PARALLEL LINE, THENCE WESTERLY ALONG SAID PARALLEL LINE TO A POINT ON
THE WESTERLY LINE OF ROAD SURVEY 335 DATED APRIL 1917 AND FILED IN THE OFFICE OF THE COUNTY
ENGINEER OF SAID COUNTY,• THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID WESTERLY LINE TO A
POINT ON THE SOUTHERLY LINE OF SAID NORTH 170 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING.
106 -054.1
EXHIBIT "B"
Walmart 1700 -05 Poway, CA
SITE - SPECIFIC, POST - CONSTRUCTION STORMWATER OPERATION AND
MAINTENANCE, MANUAL.
This site - specific post-construction stormwater Operation and Maintenance (O &M) Manual will
be used by the Owner to operate and maintain long -term stormwater controls and systems
constructed and/or installed by the General Contractor.
POST- CONSTRUCTION STORMWATER OPERATION & MAINTENANCE
MANUAL
Walmart 1700 -05 Poway, CA
TABLE OF CONTENTS
Section Page
1.0 Purpose ....................................................................................... ..............................3
2.0 Property Location ....................................................................... ..............................3
3.0 Responsible P arty ....................................................................... ..............................3
4.0 Post Construction Best Management Practices .......................... ..............................3
5.0 Stormwater Maintenance Requirements .................................... ..............................4
6.0 BMP Site Map..... ..................................................................................................... 9
2
1.0 Purpose
In order to protect the health, safety, and general welfare of the residents of Poway, as well as to
protect, sustain, and enhance the surface and ground water resources of Poway, drainage and
stormwater management practices as provided in this Post - Construction Stormwater Operation &
Maintenance (0 &M) Manual shall be utilized as directed herein to achieve the following
objectives:
➢ Protect water quality by removing and /or treating pollutants prior to discharge to ground
and surface waters, and to protect, restore, and maintain the chemical, physical, and
biological quality of ground and surface waters.
➢ Protect natural infiltration and ground water recharge rates in order to sustain ground
water supplies and stream base flows.
Maintain runoff characteristics of the site after completion of development that are
consistent with the carrying capacity of the receiving streams and storm sewer systems.
➢ Protect channels and geomorphology conditions of the receiving streams; protect their
flood carrying capacity and aquatic habitats and to reduce in- stream erosion and
sedimentation.
➢ Reduce flooding impacts and prevent a significant increase in surface runoff rates and
volumes predevelopment to post- development.
➢ Protect adjacent lands from adverse impacts of direct stormwater discharges.
➢ Ensure permanent stormwater management systems are functioning as designed by
providing effective long term maintenance.
➢ Address applicable requirements of the Municipal Separate Storm Sewer System (MS4)
National Pollution Discharge Elimination System (NPDES) Phase lI Stormwater
Regulations.
➢ Meet regulatory water quality requirements under state and local law.
2.0 Property Location
This O &M Manual covers the stormwater systems located at the following subject property:
Address: 13425 Community Road, Poway, CA 92064
Latitude: 32° 57' 32.38"
Longitude: -117° 02' 17.43"
3.0 Responsible Party
Walmart Stores, Inc. shall be responsible for all maintenance activities described in this O &M
plan.
4.0 Post Construction Best Management Practices (BMPs)
This O &M Manual includes BMPs that reduce stormwater run -off volumes and/or reduce
pollutants in stormwater discharges after all construction phases have been completed at the site
(Post - Construction BMPs). Post - construction BMPs consist of permanent features designed to
minimize pollutant discharges, including sediment, from the site after construction has been
completed.
Stormwater management systems have been designed and constructed to prevent the pollution of
ground water resources by stormwater, promote safety, minimize health hazards, preserve natural
features and provide infiltration and ground water recharge where appropriate.
Post - construction BMPs for the project are designed to meet Federal, State and local storm
water discharge requirements. The project incorporates bio- retention basins and flow through
planters in order to prevent pollution of ground and surface water resources. The facilities will be
able to treat the "first flush" of rainfall, allowing the soil to naturally filter out any potential
pollutants,
5.0 Stormwater Inspection and Maintenance Requirements
'Phis section prescribes the minimum maintenance requirements to remain compliant with this
O &M Manual. The maintenance activities listed below are aimed to ensure stormwater systems
serve their intended functions through the designed lifespan of each system. The list of activities
indicates the minimum maintenance that can be expected for the site and systems.
Inspections shall be performed as follows:
Bio- Retention basins, flow through planters and media filter inserts shall be inspected a
minimum of 4 times per year, with one inspection occurring in October prior to the rainy season.
Post rain inspections shall be performed within 48 hours following a significant rain event.
Maintenance activities shall be performed as follows:
1. Remove trash, litter, and debris from inlets, outlets, culverts, pipes, banks, water, catch
basins, pond or swale beds, trash racks, skimmers and all other components of the
stormwater system.
2. Remove any sediment or silt that may inhibit flow. Make minor repairs as needed. If major
repairs are needed Contractor should report damage or failure to the Environmental
Manager.
3. Bio - retention basins:
The bio- retention basins are designed to infiltrate and store stormwater for uptake by vegetation.
Runoff is routed into a depressed planted area. The runoff is infiltrated through a surface organic
layer of mulch and/or a ground cover to the planting soil. The runoff is stored in the planting soil
where it is discharged slowly to the ground underlying the bio- retention area or through the
underdrain. The following maintenance activities should occur:
a. Re -mulch areas annually or as needed to cover void areas.
b. Removal and replacement of all dead and diseased vegetation,
c. Remove invasive vegetation by hand.
d. No mowing should be done in bio- retention basin.
e. Herbicide may not be used in bio- retention basin.
Bio- Retention Basins
An Inspection and Maintenance Program will consist of three broad categories of work: Routine,
Minor and Major.
The Routine Maintenance Activities are summarized below:
Summary of Routine Maintenance Activities
Maintenance Activity
Minimum
Look for:
Maintenance Action
Frequency
Trash/Debris Removal
Four times
Trash & debris in
Remove and dispose of
annually
basin
trash/debris
Overflow Catch Basin
As needed -
Clogged outlet
Remove and dispose of
Cleaning
after significant
structure; ponding
debris /trash/sediment
rain events —
water above outlet
to allow outlet to
twice annually
elevation
function properly
minimum
Weed Control
As needed,
Noxious weeds;
Hand pull; consult a
based upon
Unwanted
local Weed Inspector
inspection
vegetation
The Minor Maintenance Activities are summarized below:
This work consists of a variety of isolated or small -scale maintenance /operational
problems. Most of this work can be completed by a small crew, hand tools, and small
equipment. In the event that the basin needs to be dewatered, care should be given to
ensure sediment, filter material and other pollutants are not discharged.
Summary of Minor Maintenance Activities
Maintenance Activity
Minimum
Frequency
Look for:
Maintenance Action
As needed;
Sediment build -up;
Remove and dispose
Sediment/Pollutant/Removal
Based on
decrease in
of sediment
Major Sed./Pollutant
infiltration test
infiltration rate,
sediment. Repair
Removal
scheduled
standing water
gravel as needed
Erosion Repair
As needed,
Rills/gullies
Repair eroded areas
Major Erosion Repair
based upon
forming on
&
inspection
embankments
Re- install gravel;
scheduled
forming, excessive
address cause
The Major Maintenance Activities are summarized below:
This work consists of larger maintenance/operational problems and failures within the
stormwater management facilities. This work requires that Engineering Staff review the
original design and construction drawings to assess the situation and assign the necessary
maintenance. This work may also require more specialized maintenance equipment,
design/details, surveying, or assistance through private contractors and consultants.
Summary of Major Maintenance Activities
Maintenance Activity
Minimum
Look for:
Maintenance Action
Frequency
As needed —
Large quantities of
Remove and dispose of
Major Sed./Pollutant
based upon
sediment; reduced
sediment. Repair
Removal
scheduled
basin capacity
gravel as needed
inspections
Major Erosion Repair
As needed —
Severe erosion
Repair erosion — find
based upon
including gullies
cause of problem and
scheduled
forming, excessive
address to avoid future
inspections
soil displacement,
erosion
areas of settlement,
holes
Structural Repair
As needed —
Deterioration and/or
Structural repair to
based upon
damage to structural
restore the structure to
scheduled
components —
its original design
inspections
broken concrete,
damaged pipes &
outlet works
A Maintenance Log will be kept and filled out for each maintenance item performed. The
records will be kept for a minimum of five (5) years.
4. Flow Through Planters:
The flow through planters are designed to filter and store stormwater for uptake by vegetation.
Runoff is routed from downspouts into a raised concrete planter adjacent to the building. The
runoff is filtered through a surface organic layer of mulch and /or a ground cover to the planting
soil. The runoff is filtered and stored in the planting soil where it is discharged slowly through
the underdrain. The following maintenance activities should occur:
a. Re -mulch areas annually or as needed to cover void areas.
b. Removal and replacement of all dead and diseased vegetation.
C. Remove invasive vegetation by hand.
d. Herbicide may not be used in the flow through planter.
Flow Through Planter
A Maintenance Program will consist of three broad categories of work: Routine, Minor and
Major.
The Routine Maintenance Activities are summarized below:
Summary of Routine Maintenance Activities
Maintenance Activity
Minimum
Look for:
Maintenance Action
Frequency
Trash/Debris Removal
Once per Month
Trash & debris in
Remove and dispose of
planter
trash/debris
Overflow Catch Basin
As needed -
Clogged outlet
Remove and dispose of
Cleaning
after significant
structure; ponding
debris /trash/sediment
rain events —
water above outlet
to allow outlet to
twice annually
elevation
function properly
minimum
Weed Control
As needed,
Noxious weeds;
Hand pull; consult a
based upon
Unwanted
local Weed Inspector
inspection
vegetation
The Minor Maintenance Activities are summarized below:
This work consists of a variety of isolated or small -scale maintenance /operational
problems. Most of this work can be completed by a small crew, hand tools, and small
equipment. In the event that the basin needs to be dewatered, care should be given to
ensure sediment, filter material and other pollutants are not discharged.
Summary of Minor Maintenance Activities
Maintenance Activity
Minimum
Frequency
Look for:
Maintenance Action
As needed;
Sediment build -up;
Remove and dispose
Sediment /Pollutant/Removal
Based on
decrease in
of sediment
Major Sed. /Pollutant
infiltration test
infiltration rate,
sediment. Repair
Removal
scheduled
standing water
plantings and gravel as
Erosion Repair
As needed,
Holes /depressions
Repair eroded areas
Major Erosion Repair
based upon
in planting area
Repair erosion — find
inspection
including excessive
cause of problem and
The Major Maintenance Activities are summarized below:
This work consists of larger maintenance /operational problems and failures within the
stormwater management facilities. This work requires that Engineering Staff review the
original design and construction drawings to assess the situation and assign the necessary
maintenance. This work may also require more specialized maintenance equipment,
design/details, surveying, or assistance through private contractors and consultants.
Summary of Major Maintenance Activities
Maintenance Activity
Minimum
Look for:
Maintenance Action
Frequency
As needed —
Large quantities of
Remove and dispose of
Major Sed. /Pollutant
based upon
sediment; reduced
sediment. Repair
Removal
scheduled
planter capacity
plantings and gravel as
inspections
needed
Major Erosion Repair
As needed —
Severe erosion
Repair erosion — find
based upon
including excessive
cause of problem and
scheduled
soil displacement,
address to avoid future
inspections
areas of settlement,
erosion
holes
Structural Repair
As needed —
Deterioration and /or
Structural repair to
based upon
damage to structural
restore the structure to
A Maintenance Log will be kept and filled out for each maintenance item performed. The
records will be kept for a minimum of five (5) years.
5. Media Filter Inserts:
Media filter inserts trap trash, debris and pollutants in a manufactured insert. The Owner
shall be responsible for maintenance of all proposed media filters.
The Triton catch basin inserts should be inspected a minimum of times per
year and maintained when necessary to ensure optimum performance.
The useful life of the media -pak is based on the quantity of pollutants it collects.
The media -pak with XSORB® media has the ability to repel water and absorb up
to 500 percent of its own weight in oil when fully saturated. A typical TR24SR
cartridge has the ability to absorb between 1 and 2 quarts of contaminants when
fully saturated.
Life expectancy of the Triton catch basin inserts is anticipated to be excellent
because of the materials of construction. The non - reactive high density
polystyrene plastic with U.V. inhibitors and fiberglass housings provide
excel lent protection against damp and corrosive environments. The cartridge
components including the stainless steel wire cage, gemextile polypropylene
fabric are all considered durable and have good longevity in the environment.
a. Secure traffic and pedestrian traffic with cones, barrels, etc.
b. Clean and maintain media filter a minimum of four times per year and following a
significant rain event that would potentially accumulate a large amount of debris to
the system. The media Pak should be replaced a minimum of once per year or at each
service as needed. When the normally white colored media turns black, the media
should be changed.
c. Any person erforming maintenance activities that require entering the catch basin/
inlet or handle a toxic substance have completed the proper training as required by
OSHA.
d. Remove grate/ manhole to gain access to media filter. Under normal conditions,
cleaning and maintenance will be performed from the above ground surface. Special
Note: entry into an underground manhole, catch basin or stormwater vault requires
training in an approved OSHA Confined Space Entry Program.
scheduled
components —
its original design
inspections
broken concrete,
damaged pipes &
outlet works
A Maintenance Log will be kept and filled out for each maintenance item performed. The
records will be kept for a minimum of five (5) years.
5. Media Filter Inserts:
Media filter inserts trap trash, debris and pollutants in a manufactured insert. The Owner
shall be responsible for maintenance of all proposed media filters.
The Triton catch basin inserts should be inspected a minimum of times per
year and maintained when necessary to ensure optimum performance.
The useful life of the media -pak is based on the quantity of pollutants it collects.
The media -pak with XSORB® media has the ability to repel water and absorb up
to 500 percent of its own weight in oil when fully saturated. A typical TR24SR
cartridge has the ability to absorb between 1 and 2 quarts of contaminants when
fully saturated.
Life expectancy of the Triton catch basin inserts is anticipated to be excellent
because of the materials of construction. The non - reactive high density
polystyrene plastic with U.V. inhibitors and fiberglass housings provide
excel lent protection against damp and corrosive environments. The cartridge
components including the stainless steel wire cage, gemextile polypropylene
fabric are all considered durable and have good longevity in the environment.
a. Secure traffic and pedestrian traffic with cones, barrels, etc.
b. Clean and maintain media filter a minimum of four times per year and following a
significant rain event that would potentially accumulate a large amount of debris to
the system. The media Pak should be replaced a minimum of once per year or at each
service as needed. When the normally white colored media turns black, the media
should be changed.
c. Any person erforming maintenance activities that require entering the catch basin/
inlet or handle a toxic substance have completed the proper training as required by
OSHA.
d. Remove grate/ manhole to gain access to media filter. Under normal conditions,
cleaning and maintenance will be performed from the above ground surface. Special
Note: entry into an underground manhole, catch basin or stormwater vault requires
training in an approved OSHA Confined Space Entry Program.
e. Remove all trash, debris, organics, and sediments collected by the media filter.
Removal of the trash and debris can be done manually or with the use of a vactor truck.
f, Inspect the media -pak condition in the wire mesh cartridge. When the normally white
colored media turns black, the media should be changed. When service requires
replacement of the cartridge media -pak please contact your local CONTECH
Stormwater Solutions office.
g. Transport all debris, trash, organics and sediments to appproved facility for disposal in
accordance with local and state requirements. The hydrocarbon boom with adsorbed
hydrocarbons is considered hazardous waste and needs to be handled and disposed of
as hazardous material. Please refer to state and local regulations for the proper disposal
of
used motor oil /filters.
h. Following maintenance and /or inspection, the maintenance operator shall prepare a
maintenance /inspection record. The record shall include any maintenance activities
performed, amount and description of debris collected, and condition of filter.
i. The owner shall retain the maintenance /inspection record for a minimum of five years
from the date of maintenance. These records shall be made available to the City of
Poway for inspection upon request at any time.
j. Any toxic substance or item found in the filter is considered as hazardous material
and can only be handled by a certified hazardous waste trained person (minimum
24 -hour hazwoper).
6.0 Site Map
The stormwater management BMP's covered by this O &M Manual are depicted in the reduced -
sized site map included with this Plan.
10
SITE MAP
SCALE 1" =100'
BMP LEGEND:
OA 810- RETENTION BASIN
BO FLOW THROUGH PLANTER
CO MEDIA FILTER INSERT
HILLEARY PLACE