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2012-762475 D O C ## 201 2-0762475 IIIIIIII 111111111111111111111111111111111111111111111111111111111 IN Recording Requested By: DEC 05, 2012 10:23 AM City Engineer OFFICIAL RECORDS �i SAN DIEGO COUNTY RECORDER'S OFFICE 11 Ernest J Dronenburg,Jr,COUNTY RECORDER When Recorded Mail to: FEES 6400 City Clerk PAGES: 17 City of Encinitas 505 South Vulcan Avenue Encinitas CA 92024 SPACE ABOVE FOR RECORDER'S USE AGREEMENT FOR MAINTENANCE OF PRIVATE STORMWATER TREATMENT AND STORMWATER POLLUTION CONTROL FACILITIES BY AGENT OF COMMERCIAL FACILITY APN: 258-130-88 Project No.: 07-045 CDP Site Address: 662 Encinitas B � oulevard (716-G) THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and CHARLOTTE PARTNERS, INC., A CALIFORNIA CORPORATION AS TO AN UNDIVIDED 46% INTEREST AND 9310 TOWNE CENTER DRIVE HARRISON-1, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 54% INTEREST AS TENANTS IN COMMON, its heirs, successors, and assigns, collectively hereinafter referred to as "Owner", owner(s) of that certain real property hereinafter referred to as "Property" that is described in Exhibit "A", which is attached hereto and made a part hereof. This Agreement is for the periodic Maintenance of certain private stormwater treatment and pollution control facilities, hereinafter referred to collectively as "Stormwater Facilities". Stormwater Facilities include but are not limited to Best Management Practices (BMPs), Integrated Management Practices (IMPs), Low Impact Development (LID) features, Structural stormwater treatment devices, and drainage facilities. The description and plat of Stormwater Facilities is set forth in Exhibit "B" which is, attached hereto and made a part hereof WHEREAS, this Agreement is required by the City as condition of approval of a City permit pursuant to City of Encinitas Municipal Code Chapter 20.08 and Chapter 23.24 as well as the City of Encinitas Stormwater Manual; and WHEREAS, the Stormwater Facilities benefit said Property and are used by Owner and his/her tenants their heirs, successors, and assigns; and WHEREAS, it is the desire of the City, the responsibility of the Owner and tenants, and to the benefit of the Public that Maintenance of said Stormwater Facilities occur on a regular and periodic basis as necessary to preserve the Storm Water Facilities in good-working order in accordance with the minimum Maintenance requirements set forth in Exhibit "C" which is attached hereto and made a part hereof and in accordance with the City of Encinitas Municipal Code, the Encinitas Stormwater Manual, and other related City policies and requirements; and WHEREAS, it is responsibility of the Owner to assure his/her tenants will comply with and enforce the terms and conditions of this agreement; WHEREAS, it is responsibility of the Owner to disclose this agreement to all the future tenants using, benefiting from, or impacting the Stormwater Facilities WHEREAS, it is responsibility of the Owner to add Maintenance of Stormwater Facilities to common area maintenance (CAM) and appoint a qualified property management company or individual herein after referred to as "Agent" to oversee such Maintenance. The Agent shall be the single point of contact between the City of Encinitas and Owners or Developer; and WHEREAS, the Owner may act as the Agent so long as the total square footage of the commercial facilities is less than twenty thousand square feet.; and WHEREAS, for the purpose of this agreement, Maintenance responsibilities mentioned on this agreement equally and collectively apply to Owner, tenants and the Agent; WHEREAS, it is requirement of development and or commercial use that this Agreement constitute a covenant running with the land, binding upon each successive owner of all or any portion of the Property into perpetuity. NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION AS FOLLOWS: 1) This agreement establishes the Owner and tenants' Maintenance requirements for the Stormwater Facilities. The term "Maintenance" wherever capitalized in this agreement shall include, but shall not be limited to: inspection for purposes of identifying operational deficiencies in the Stormwater Facilities, routine upkeep and repair of the Stormwater Facilities in proper working order as determined by the City, and preparation and submittal of the annual inspection report to the City, all as set forth in subparagraph 1.i) through 1 iii). The Owner's ' requirements for providing Stormwater Facilities Maintenance as stated in this agreement shall mean Maintenance managed by the Agent, paid for by Owner, and performed by a qualified contractor, hired by the Agent on behalf of the Owner. i) The Owner shall inspect the Stormwater Facilities after all major storms. In addition, the Owner shall inspect the Stormwater Facilities at the minimum frequency specified in Exhibit "C", but not less than twice per year ii) The Owner shall provide upkeep and repair to preserve the Stormwater Facilities in good working order and shall repair all deficiencies identified in the Owner's inspections no later than 30 days following the inspection or prior to the next anticipated rain event. Interim water quality control measures shall be utilized to protect damaged or deficient Stormwater Facilities during any storm event until such time as the Facilities are restored to good working order. The minimum upkeep and repair frequency shall be consistent with the Exhibit "C" but not less than once per year. To the satisfaction of the Director of Engineering Services, the Owner shall ensure that the Stormwater Facilities are in proper working order for the rainy season, which starts on October 1. iii) The Owner shall obtain the City of Encinitas Stormwater Inspection Report form from the City website or the City of Encinitas Civic Center, complete the inspection report form, and submit the inspection report to the City of Encinitas Department of Engineering Services. Prior to the submittal of the inspection report to the City, the Owner shall perform an inspection of the Stormwater Facilities, identify deficiencies, and repair and correct all deficiencies. The inspection report shall be submitted to the City once a year between August 1 and September 30. 2 The Property is benefited by this Agreement, and it is the purpose of the signatories hereto that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land Any heirs, executors, administrators, assignees, and/or successors in interest to all or any portion of the Property, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become expressly bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 12 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 3. The Stormwater Facilities shall be constructed by and have Maintenance performed by the Owner in accordance with the term and conditions of this agreement and the plans and specifications identified in approved Grading Plan Number 716-G which is on file as a permanent public record in the City of Encinitas. 4 The cost and expense of the Maintenance of the Stormwater Facilities shall be paid by the Owner. The owner is responsible to include necessary provisions in the lease agreement with any present and future tenants that cover the costs of all Stormwater Facilities Maintenance. 5 In the event the Property is subdivided in future, the owners, heirs, assigns, and successors in interest of each such newly created parcel(s) shall be liable under this Agreement for their then pro rata share of expenses reflecting such newly created parcels. 6. The Maintenance to be performed under this Agreement shall include upkeep, repair, and improvements to adequately ensure the Stormwater Facilities are in proper working order as determined by the City. Upkeep, repair, and improvements under this Agreement shall include, but are not limited to, repairing access roadbeds; repairing, preserving, and providing improvement for the upkeep of drainage structures; removing debris, sediment, oil, grease, and other pollutants as determined by the City; perpetually preserving adequate groundcover and/or other erosion control measures within the Property in order to prevent erosion; and the management of materials, pollutants, and hazardous waste to prevent pollution of the stormwater system or Municipal Separate Stormwater Sewer System (MS4) as referenced in local and State codes. Upkeep, repair, and improvement shall also include other work necessary to repair and preserve the Stormwater Facilities for their intended purposes as well as the restoration of the Stormwater Facilities following any non-permitted modification. The restoration shall be as required to restore the Stormwater Facilities to the condition existing prior to damage or alteration 7 Under no circumstances shall any contract or agreement for service(s) to be provided as outlined in this agreement, and any additional Maintenance activities or services to be provided as outlined in subsequent attachments hereto, be terminated by the Owner, tenants, or Agent unless a replacement contract or agreement for the required Maintenance has already been executed. The Agent and the Owner shall be responsible for ensuring proper execution of the provisions of all contracts and/or agreements for the required Maintenance and for timely payments for said services. 8 Any liability of the Owner, tenants, or Agent for personal injury to any worker employed to provide Maintenance under this Agreement, or to third persons, as well as any liability for damage to the property of any third persons, as a result of or arising out of Maintenance under this Agreement, shall be borne by the Owner, tenants, or Agent. 9 Owner and tenants shall jointly and severally defend, indemnify, and hold harmless City, City's engineer, its consultants, and each of its officials, directors, officers, agents, and employees from and against all liability, claims, damages, losses, expenses, personal injury, and other costs, including costs of defense and attorney's fees, to any contractor, any subcontractor, any user of the Stormwater Facilities, or to any other third persons arising out of or in any way related to the use, Maintenance, or the failure to provide Maintenance of the Stormwater Facilities. This Agreement imposes no liability of any kind whatsoever on the City and the Owner agrees to hold the City harmless from any liability in the event the Stormwater Facilities fail to operate properly. 10. Nothing in this Agreement, the specifications, other contract documents, the City's approval of the plans and specifications, or the City's inspection of the work constitutes an acknowledgement of any City responsibility for any such item or the material contained therein, and the City, City's engineer, its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability therefore 11 The Owner and tenants shall provide access to the Stormwater Facilities within the Property to the City's inspectors, employees, agents, and contractors within 48 hours of receipt of a written notification by the City. The access shall be provided unconditionally and without any obstruction, interference, or hazard. Any animals kept on the Property shall be secured outside of the area subject to the City's inspection. 12 The Owner hereby grants permission to the City, its authorized agents, and its employees, to enter upon the Property and to inspect the Stormwater Facilities following a 48-hour notice whenever the City deems necessary. The purpose of inspection is to evaluate the condition and performance of the Stormwater Facilities, to follow-up on reported deficiencies, to respond to citizen complaints, and/or to comply with State and City requirements for City inspection of such Facilities. The City shall provide the Owner with copies of the inspection findings and a directive to commence with any repairs deemed necessary. 13. In the event the Owner and tenants fail to preserve the Stormwater Facilities in good working condition as determined by the City Engineer, the City, its agents, employees, or its contractors, may enter upon the Property and take the steps deemed necessary to correct deficiencies and shall charge the costs of such repairs to the Owner. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds for attorney's fees, administrative costs, contractors, employees, consultants, materials, or other costs in the performance of said work, the Owner shall reimburse the City Such reimbursement shall be due within thirty (30) days of receipt of a notification for all costs incurred by the City, including any administrative costs and attorney's fees. If said funds are not paid by the Owner within (30) days, City reserves the right to take legal action for cost recovery and to file with the County Recorder of San Diego County an assessment lien on the Property. It is expressly understood and agreed that the City is under no obligation to perform Maintenance of said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 14 The terms of this Agreement may be amended in writing following the Owner request and upon written approval by the City Engineer. 15 This Agreement shall be governed by the laws of the State of California. 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 HEREOF, the Parties have executed this Agreement. OW ER ith Harrison Date C arlotte Part rs, Inc. and 931 Towne Center Drive Harrison-1, LLC Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINITAS• M eg Sh'e s Date Deputy City Engineer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1 ec . r c c c c11X A` A1 K 5 e�e t Fc er g c r�rc c cc .e�e cc e t�r�cc ccr c^c c c ccc e ce t r turn. State of California a County ofd% ? QU On Dale / before me, Here Insert Name and Title of ffie Officer personally appeared _ ���� ( Name(s)of Signer(s) I who proved to me on the basis of satisf ry evidence to be the person(s) whose name( is/ re subscribed tot within instrument and acknowledged e that he/ a/they executed the same in r/their authorized capacity(ies), and that by his/ er/their signature(s) on the instrument the RANDA GAIL MILLJOUR g nature(s) Commission #1916144 < person(s), or the entity upon behalf of which the '' � Notary Public - Californian person(s) acted, executed the instrument. San Diego County A My Commission Exp. Jan. 6, 2015 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing I paragraph is true and correct. l< I WITNESS my hand and official seal t� I Signature• -L,1 Place Notary Seal Above Sig re of Notary Public ttt OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name F- Corporate Officer — Title(s) C Corporate Officer — Title(s) Individual Individual [ I Partner — J Limited ❑General Top of thumb here ❑ Partner — F Limited ❑General . . Top of thumb here C Attorney in Fact CJ Attorney in Fact I !— Trustee E Trustee ❑ Guardian or Conservator ❑Guardian or Conservator Other- ❑Other- i Signer Is Representing Signer Is Representing fi @ 2010 National Notary Association•NationalNOtary org•1-800-US NOT (1-800-876-6827) Item#5907 EXHIBIT $$B" 'DESCRIPTION AND PLAT OF STORMWATER FACILITIES CONTECH STORM FILTER CATCH BASIN PER GRADING PLAN DWG NO. 716-G GRASS-PAVE SURFACE PCG�ss ��8, LOT 1 MAP 15744 �P�, N6'33'16"W 183.31' o. Jt.as 1,686 SF BIO-RETENRON BASIN PER GRADING PLAN DWG NO. 716-G ca N M M W a O to M u� � N (V co Z l 'y O u' PROPERTY BOUNDARY t� rc Irk LA N1'28'12"E 127.26' �u 60 30 0 60 SCALE: 1" = 60' EXHIBIT "C" Pg. 1 of 7 MINIMUM MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES BIORETENTION FACILITIES These facilities remove pollutants primarily by filtering runoff slowly through aerobic, biologically active soil. Routine maintenance is needed to ensure that flow is unobstructed, that erosion is prevented, and that soils are held together by plant roots and are biologically active. Inspections should occur twice per year, and after each heavy storm. Typical maintenance consists of the following: • Inspect inlets for channels, exposure of soils, or other evidence of erosion. Clear any obstructions and remove any accumulation of sediment. Examine rock or other material used as a splash pad and replenish if necessary. • Inspect outlets for erosion or plugging • Inspect side slopes for evidence of instability or erosion and correct as necessary. • Observe the surface of bioretention facility soil for uniform percolation throughout. If portions of the bioretention facility do not drain within 24 hours after the end of a storm, the soil should be tilled and replanted. Remove any debris or accumulations of sediment. • Confirm that check dams and flow spreaders are in place and level and that rivulets and channelization are effectively prevented. • Examine the vegetation to ensure that it is healthy and dense enough to provide filtering and to protect soils from erosion. Replenish mulch as necessary, remove fallen leaves and debris, prune large shrubs or trees, and mow turf areas. When mowing, remove no more than 1/3 height of grasses. Confirm that irrigation is adequate and not excessive and that sprays do not directly enter overflow grates. Replace dead plants and remove noxious and invasive vegetation. • Abate any potential vectors by filling holes in the ground in and around the bioretention facility and by insuring that there are no areas where water stands longer than 48 hours following a storm. If mosquito larvae are present and persistent, contact the San Diego County Vector Control Program for information and advice. Mosquito larvicides should be applied only when absolutely necessary and then only by a licensed individual or contractor. EXHIBIT "C" Pg. 2 of 7 CONTECH CATCHBASIN STORMFILTER Maintenance is performed on an as needed basis, based on inspection Average maintenance lifecycle is 1-3 years. The primary factor controlling timing of maintenance of the StormFilter is sediment loading. Until appropriate timeline is determined, use the following: Inspection: • One time per year • After major storms Maintenance: • As needed • Per regulatory requirement • In the event of a chemical spill Contech Operation and maintenance guidelines: Maintenance procedures for typical catch basins can be applied to the CatchBasin StormFilter (CBSF). The filter cartridges contained in the CBSF are easily removed and replaced during maintenance activities according to the following guidelines. 1 Establish a safe working area as per typical catch basin service activity. 2. Remove steel grate and diamond plate cover (weight = 100 lbs. each). 3. Turn cartridge(s) counter-clockwise to disconnect from pipe manifold. 4. Remove 4" center cap from cartridge and replace with lifting cap. 5. Remove cartridge(s)from catch basin by hand or with vactor truck boom. 6. Remove accumulated sediment via vactor truck (min. clearance 13" x 24"). 7. Remove accumulated sediment from cartridge bay. (min. clearance 9.25" x 11") 8 Rinse interior of both bays and vactor remaining water and sediment. 9. Install fresh cartridge(s) threading clockwise to pipe manifold. 10. Replace cover and grate. 11. Return original cartridges to CONTECH Stormwater Solutions for cleaning and media disposal EXHIBIT "C" Pg. 3 of 7 GRASSPAVE2 - MAINTENANCE GUIDE Regular maintenance is required to maximize traffic on grass paved areas with minimum wear and tear problems. The following maintenance and repair information, compiled from more than a decade of client experience with Grassrings and Grasspave2, will enable staff to keep your grass paved areas healthy and beautiful all year long. For more information about basic maintenance, or for answers to questions about a unique site, call Invisible Structures, Inc., toll free, at 1-800-233-1510 Normal Maintenance Grasspave2 paved areas require basically the same care as other turf areas. Mow, irrigate, and fertilize as necessary for selected grass species for a healthy turf As levels and frequency of traffic increase, greater stress is placed on the turf, which requires careful observation and response by maintenance staff. Recommended fertilizers and micronutrients: • N,P,K Fertilizers - for other fertilizer applications, use fertilizers best for grass species used. As traffic frequency increases, the need for additional nitrogen increase in order to make the grass GROW faster and replace damaged blades quickly. Take care to use fertilizers that do not have poor materials such as clay as "fillers." The best fertilizers are: -slow release (temperature activated) -liquid concentrates (through irrigation system) • Micronutrients - apply fertilizer supplemented with micronutrients, such as Humate, once a year. Or, apply the micronutrient in a separate application. • Other Chemicals - apply water, herbicide, and insecticides as needed in response to site specific needs/problems. Aeration IMPORTANT!! DO NOT AERATE GRASSPAVE2 INSTALLATIONS! Aeration is a treatment for compaction problems, associated with poor percolation Grasspave2 paved areas do not need aeration because, if properly installed, compaction will not occur. Aeration equipment will damage the Grasspave2 structure and could prevent its long term function. If compaction and poor water penetration problems arise, they can be due to filling rings with organic soils. (Many sod farms grow sod in high organic soils, such as peat.) When these soils dry out, there can be severe shrinking. The use of dry fertilizers with clay as a "filler" material (sometimes as much as 70% of the bag contents) can also contribute EXHIBIT "C" Pg. 4 of 7 to compaction and poor water penetration Organics (silt, clay, peat) can effectively seal off the surface of the grass paved areas, preventing entry of air and water to the roots. Poor percolation can also be a result of chemical change to soils of ionic charges that might increase water repellency of soils. Solutions include treatment with products or chemicals such as wetting agents (diluted detergents), gypsum, etc. Your local County Extension agent can be an excellent source for advice on local conditions. Antifreeze Spills - See Oil/Antifreeze Spills Bare Spots - Causes and Solutions It is important to determine the cause of bare spots in order to select the most appropriate solution Some possible causes and solutions: (Cause /Solution) • Incorrect sod (sod grown in peat, silt, or clay) for high traffic areas totally replace with sand grown sod and rings, for low traffic areas; amend soil with chemicals such as detergents and gypsum and add sand to cracks for low traffic areas, and reseed as needed. • Poor quality seed Reseed with fresh source. • Erosion Intercept source of water and redirect to reduce impact. • Lack of nutrient Increase water and fertilizer. • Shade Reduce shade cover or change grass to more shade tolerant species. • High traffic Increase fertilization and water, and/or reduce traffic frequency by limiting or alternating zones of access. Bare Spots—Repair 1. Fill rings uniformly with clean sand (concrete sand is preferable) to the top of all rings. When seeding, lightly rake to disturb and loosen surface. 2. Moisten area with a diluted detergent solution to break the soil's surface tension. 3. Topdress small bare areas with a mixture of sand and grass seed that either matches the installed grass species or changes the species for an environmental response (such as a shade mix). 4. Mulch with a layer of cellulose (paper) placed over the topdressing mix to speed germination and prevent surface erosion by irrigation or rainfall. Commercial mulch materials should have a fine texture, such as those used for hydromulching. If visually acceptable, thin strips of newspaper(per office shredders) can be used very effectively as mulch. 5. Inject Hydrogrow. Hydrogrow's advantage is that it is able to store moisture and dissolved nutrients within the root zone, making them directly available to plant roots. EXHIBIT "C" Pg. 5 of 7 Check local dealers or equipment rental sources for machines (such as Olathe) to inject dry polymers by compressed air into existing installations. Irrigation Regular irrigation is necessary for grass subjected to the stress of daily traffic, even in areas with "historically high average rainfall." The combination of daily traffic and even a week of without rainfall can quickly destroy a quality grass paved area. Repaired areas also usually require supplemental water to establish grass. The irrigation system can be a hose and sprinkler, a simple manual valve system, or an automatic pop-up system as appropriate for the owner's maintenance program and budget. Automatic irrigation systems are low in labor costs, provide quick response to usage, conserve water, and allow for easy and rapid fertilizer applications. Standard large diameter spray heads will keep the irrigation cost per square foot to a minimum Manual systems have higher labor and water costs, and variable response to water needs. Buried low-pressure porous pipe irrigation systems have also been used with success. This type of irrigation can work during daylight hours without wasteful spray damaging people or objects above the ground. However, grass leaves do not receive cleansing from water falling from above. Oil/Antifreeze Spills Small Spills - Naturally occurring microorganisms in turf can break down oil and "clean" spills prior to their reaching the water table below. Thus, turf is capable of accepting oil drippings without harm to grass plants. Small amounts of diluted detergent (dishwashing concentrates) applied to minor spills will also help to reduce oil particles to manageable size and speed recovery. Large Spills - Large oil or antifreeze spills will effectively sterilize affected soils for years and prevent growth of most vegetation. Thus, affected soil, base course, rings, and grass should be replaced and soil disposed of according to local codes relating to hazardous materials. To create a uniform edge for repair, use a sod cutter or circular saw with masonry blade to cut the upper 2" of soil and Grasspave2 structure. Be sure to wear appropriate eye EXHIBIT "C" Pg. 6 of 7 and body protection when cutting into rings, soil, and gravel. The disturbed base can be dug by shovel or backhoe depending on the size of the area. Replace materials per Rings--Repair When Exposed When properly installed, Grasspave2 units are protected from damaging ultraviolet (UV) rays, which make plastics brittle, because they lie just below the soil surface. When impressions of the rings are visible as creases in grass blades (during the growing season), or when actual rings are visible to the eye, immediately cover the exposed rings with sand topdressing to a depth of between 1/8" to 1/4" above the top of the rings. This is easily done by spreader equipment or with a shovel and rake Ruts The appearance of ruts in grass paving is a sign of improper installation. Possible errors include: 1 Improper depth of base, or inadequate compaction 2. "Topsoil" placed between base and Grasspave2 3 More than 1/2" of soil above top of rings Contact the original contractor to repair and reinstall to specifications. Shade As trees mature in the landscape, grass paved areas (especially those carrying daily traffic) can experience a loss of grass vigor due to increased levels of shade. Some grasses are more tolerant of shade than others and may have to be seeded into the affected area. This can be done without removing the existing grass because a shade tolerant mix will overcome a weaker grass. For a more rapid and complete conversion, however, an application of a short-term herbicide such as Roundup can be applied according to manufacturer's recommendations in preparation for reseeding. Use reseeding steps in 'Bare Spots--Repair" described on Page 3. Grass paved areas not subject to daily traffic (such as firelanes) will probably not show any stress from shading. Thatch Removal Over time, most grass installations, including Grasspave2areas, will develop layers of thatch--usually defined as old leafless stems of grass, or layers of grass clipping in various state of decomposition. Thatch is a problem because it can prevent percolation and, if allowed to build layers over 1/2" in depth above rings, can allow compaction to take place above the Grasspave2 structure. This layer of thatch must be removed for the long-term health of turf. Different grasses require different techniques for thatch removal The two most common methods are: EXHIBIT "C" Pg. 7 of 7 • Use of spring tines on rotary mower blades (best for buildup from clippings) • Use of sod cutter, set to shallow depth to skim tops of rings (best for air/waterborne soil deposits over long term) Depending on the depth of thatch removed and the condition of grass crowns remaining, it may be necessary to topdress and reseed. (See "Bare Spots--Repair," page 4.) Normal Maintenance Checklist Function Frequency Aeration NEVER AERATE GRASSPAVE2 PAVED AREA Fertilizing As appropriate for selected grass species. Herbicides/Insecticides As needed, following manufacturer's instructions. Irrigation As appropriate for selected grass species and rainfall amounts in area. Micronutrients Apply I time year (or every 6 month growing season in warm climate areas). Mowing As appropriate for selected grass species. Thatch Removal Remove when reaches 1/2" in depth above rings. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California C County ojro) On'-71et, 2-e_ WIZ before me, Date Here Insert Name and Trtle'ot the Officer personally appeared Al Name(s)of z5ignerts) §1 who proved to me on the basis of satisf tory evidence to be the person(s) whose name( is re 1111 subscribed e t 'thin instrument and acknowledged that /they executed the s Q lllff� t Ze;he same in er/their authorized capacity(ies), and that by RANDA GAIL MILLJOUR his er/their signature(s) on the instrument the Commission#1916144 or the entity upon behalf of which the Notary Public - ca ifornia(n San Diego county A person(s) acted, executed the instrument. t My Commission Exp. Jan. 6, 2015 1 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 Place Notary Seal Above ynature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) I Signer's Name Signers Name fi Ll Corporate officer — Title(s) ❑Corporate Officer — Title(s) F-1 Individual fi El Individual Partner — ❑ Limited L 1 Genera Top of thumb here fi [i Partner — ❑Limited Ll General Top of thumb here fi L 1 Attorney in Fact L Attorney in Fact 7" 7 F I Trustee ­1 Trustee fi Guardian or Conservator Guardian or Conservator [-i Other - Other- Signer Is Representing Is Representing fi j� Item#5907 (-q,2010 National Notary Association NationalNotary.org 1-800-US NOTARY(1-800-876-6827) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS. LOT 1 OF CITY OF ENCINITAS T.M. 07-045 FOR CONDOMINIUM PURPOSES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 5, 2009.