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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