2015-297383 DOC# 2015-0297383
II I III II I III I III II I III I III IIII I I II III
Jun 09, 2015 04 12 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
I� Recording Requested By- SAN DIEGO COUNTY RECORDER
FEES $68 00
t City Engineer PAGES 18
When Recorded Mail to
City Clerk
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. 259-121-24✓ Drawing No 12138-G
Site Address 105-133 N. El Camino Real Case No 13-270 SUBC
THIS AGREEMENT is between the City of Encinitas, a municipal corporation,
hereinafter referred to as the "City", and TRC ENCINITAS VILLAGE, LLC A
DELAWARE LIMITED LIABILITY COMPANY, 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 14 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 12138-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 Upon appointment of an Agent responsible for managing the maintenance of the
stormwater facilities, the Developer must notify the City of the current contact
information for the Owner and Agent within thirty (30) days At a minimum,
contact information for Owner and Agent shall include. organization name,
mailing address, email address, phone number, contract person, contact
person's phone number, and email address The Agent must be established and
the above information must be provided to the City prior to occupancy of the first
unit. Any future changes in Owner or Agent contact information shall be
provided to the City within thirty (30) days of the change being made Contact
information shall be provided in writing to the following address (or current City
of Encinitas, Civic Center address)
City of Encinitas
Stormwater Division
505 S Vulcan Ave
Encinitas, CA 92024
9 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.
10 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
11 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
12 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.
13. 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
14. 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.
15. The terms of this Agreement may be amended in writing following the Owner
request and upon written approval by the City Engineer.
16. 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.
OWNER•
,3 Lsj l
Alex liftis Date
Senior Vice President,
Acquisitions/Development
Signature of OWNER must be notarized. Attach the appropriate acknowledgement.
CITY OF/I ENCI TAS:
IIIA .S/ 11 / ) S
M S I H M6 ri ER Fo K
Glenn Pruim Date
Director of Public Works
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 California )
County of )
On before me,
Date 'ere Insert Nalne and Title of a Officer
personally appeared f
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be th ersor 'whose name
cribed to the within instrument and ackn ed to. me tha h executed the same in
his authorized capacit�),and that hi r signatur cn the instrument the persorj(�f,
or the entity upon behalf of which the persona') 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.
ALICIA M.HAYES WITNESS ha and official seal.
Commission# 1961786
a =s Notary Public-California i
Z ' San Diego County D
My Comm.Expires Dec 23,2015+ Signatu e
Signature of Notary P b c
Place Notary Seal Above
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fraudulent reattachment of this form to an unintended document. ,
Description of Attached Document
Title or Type of Document: Document Date: .3-2?j •(s
Number of Pages: igner(s) Other Than Na ed Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing"
02014 National Notary Association • www NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT `A'
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 14,TOWNSHIP 13 SOUTH, RANGE 4 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 INTERSECTION OF THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14 WITH THE EASTERLY LINE OF ROAD
SURVEY NO.682,AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,RECORDED NOVEMBER
27 1961 AS INSTRUMENT NO. 204794 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE
NORTHERLY LINE OF SAID SOUTH HALF, A DISTANCE OF 110.00 FEET; THENCE AT RIGHT ANGLES
SOUTHERLY, A DISTANCE OF 60.00 FEET; THENCE WESTERLY PARALLEL WITH THE NORTHERLY
LINE OF SAID SOUTH HALF TO THE EASTERLY LINE OF SAID ROAD SURVEY NO. 682; THENCE
NORTHERLY ALONG THE SAID EASTERLY LINE TO THE POINT OF BEGINNING
PARCEL 2:
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1,HEREINABOVE DESCRIBED
APN:259-121-24
STORM WATER MAINTENANCE
AGREEMENT EXHIBIT
aEEP-ROOTED DIAO�xlr
TOLERANT PLANTS FCR
2' HAFD1 A�N�LCH rT -0PAINED SOILS L1A
COVER O9 CITY CITY APPROVED EQUIV.
APPROVED EQUIVALENT
TG' PER PLAN 6" G-2 PCC OM & GUTTER
W/ 1' CURB CUTS
.. .. ... .. . .. ..
24" ENGINEERED SOIL
* SEE NOTE BELOW
IIkPVC 4' M I FAT�TOP OF i 2" OF 3/8' GRAVEL
PVC SU�?AIN AT TOP OF
GRAVEL SECTION TO SATISFACTION
OF PFU ECT SOILS ENGINEER IN
FIELD. SUMIN SHALL MAINTAIN — 12" OF 314" GRAVEL
2 MIN SLOPE - ** SEE NOTE BELOW
* BIORETENTION 'ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24' DEEP
EANOY LOAM' SOIL MIX WITH NO NXW THAN 5% CLAY CONTENT. TIE MIX
SHALL CONTAIN 50-60% SAW 20-30% C04WT OR HbARDWOORO MULCK AND
20-30% TOPSOIL. FREE OF STONES, STUMfla ROOTS, OR SIMILAR O&ECTS
AND ALSO FREE OF NOXIOUS NEEDS.
** 314" 01fiHED ROCK LAYER SHALL BE A MI10" OF 12" BUT MAY BE
DEEPENED TO INCREASE THE INFILTRATION AND STORAGE ABILITY OF THE
DETAIL
BIORETENTION WIN BMP
NTS
LE64L DESCRIPTION Ol#ERMlEF ►IITTEE
THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE TRH AVENITAS A AS, 30 LLC
NORTHEAST QUARTER OF SECTION 14 TOW6HIP 13 SOUTH( RANGE 4 WEST. SAN CARL M, CA ENCINAS. X300
EEFRIVARROM MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. CAFLSBAD, CA 9200@
ACCCIFDING TO UNITED STATES GOVEROOff SURVEY, DESCRIBED AS FOLLOWR
BEGINNING AT THE INTERSECTION OF THE NESTERLY LINE OF THAT CERTAIN SITE ApqESSS
72.00 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN
DIEGO; RECOROEO MARIA la 1978 AS FILE/PAGE NO. 78-102708 OF OFFICIAL 105-133 N. EL CAMDNO REAL
AECOROS% WITH THE SOUTHERLY LINE OF SAID SOUTH HALF OF THE NORTHEAST ENCINITAS CA 92024
QUARTER OF TIE NORTHEAST QUARTER SAID POINT OF INTERSECTION BEING
ALSO THE BEGDNNING OF A 35.00 FOOT RADIUS CU9VE CONCAVE SOUTHWESTERLY
AND TANGENT TO THE WESTERLY LINE OF SAID 72.00 FOOT WIDE STRIP,' THDICE APN:
NORTHWESTERLY ALM THE ARC OF SAID CURVE THfHO 6H A CENTRAL ANGLE OF 259-121 24
47 027'12; A DISTANCE OF 26.99 FEET TO A POINT OF REVERSE CLRVATLRE
WITH A 70.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHERLY,
EASTERLY AND SOUTHEFLY ALONG THE ARC OF SAID CURVE; THROLM A CENTRAL.
ANGLE OF 274 54 24", A DISTANCE OF 335.86 FEET TO A POINT OF FEVE RSE
CURVATU?E WITH A 35.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; TIENX
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE: TWOM A CENTRAL ANNE OF
47'27'12; A DISTANCE OF 26.99 FEET,' THENCE TANGENT TO SAID CURVE,
ALONG THE N7RTHfALY PROLMATICW OF THE EASTERLY LINE OF SAID 72.00
FOOT WIDE STRIP A DISTAL OF 129 FEET TO SAID SOUTHERLY LINE OF SAID
SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER THENCE
NESTERLY ALONG SAID SOUTHERLY LINE A DISTANCE OF 72.01 FEET TO THE
POINT OF BEGRNIN;. EXH I BIT 'B-1'
STORM WATER MAINTENANCE
AGREEMENT EXHIBIT
ilo
tR
AREA NM
• r_f 'L !1 -�� •vI
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APN259-121-33 APN259-121-14
� � qPN 259-121-15
r- ENCINITAS BLVD
LEY MAP
SCALE: 1 "=400 '
�I
PRIVATELY MA ADDED 81 I0rN1 BASIN
BEST MANAGE*W PRACTICE LOT TO
HOMED NITHUff A PERMIT FROM CITY
J, 69 SF MIN ( SF PROPOSED)
%w
\\ i
PRIVATELY MAINTADYED BIARETENTION
PRIVATELY MA DED BIORETENTION �'� FOR BEST MANAGEAEIVT
BASIN FOR t NANAGEPENT PRACTICE NOT TO BE INl'�D=IED
PRACTICE ACT TO BE AWI IED SF MIN 3SF PRIIPOSM)
NnMff A PERMIT FROM THE CITY
77 SF MIN (94 SF PROPOSED)
SCALE: 1'=W EXHIBIT 'S-2'
EXHIBIT 'C'
MINIMUM MAINTENANCE REQUIREMENTS FOR STORMWATER
FACILITIES
Bioretention Areas
To preserve bioretention performance, the cells must be maintained. Like any landscape
feature, bioretention areas must be pruned,mulched, and even initially watered and
limed. Grassed bioretention cells are usually mowed. The need for rapid establishment
requires bioretention cells to be limed, if indicated by a soil test. Additionally, plants may
need to be spot-fertilized to ensure growth and survival in low P soils. Watering the
plants every 2 to 3 days for a month or two helps ensure vegetation survival. The
frequency of these tasks varies seasonally, with more frequent maintenance required in
summer than in winter. Maintenance tasks unique to bioretention include occasional
removal of mulch and the top layer of fill soil. Because clogging occurs most frequently
at the top of the soil column, the bioretention basin rarely needs to be completely
excavated. However, this has been necessary when the bioretention cell was located in an
unstable drainage area.
BIORETENTION MAINTENANCE TASKS
Task Frequency Maintenance Notes
Pruning 1 -2 times /year Nutrients in runoff often cause
bioretention vegetation to flourish.
Mowing 2 - 12 times/year Frequency depends upon location
and desired aesthetic appeal
Mulch accumulation reduces available
Mulching 1 -2 limes/yeur water storage volume.
Mulch Removal 1 time/2 - 3 years Removal of mulch also increases
surface infiltration rate of fill soil.
1 time/2 - 3 days for first If droughty, watering after the
Watering 1 -2 months. Sporadically initial year may be required.
after establishment.
One time spot fertilization for"first
Fertilization 1 time initially year"vegetation.
Within the first year, 10 percent of
Remove and Replace 1 time/year plants may die.
Dead Plants Survival rates increase with time.
Tasks include trash collection, spot
Miscellaneous weeding, and removing mulch from
Upkeep 12 times/year overflow device.
Bioretention and Landscape Areas
The operational and maintenance needs of a Bioretention Basin are:
• Vegetation management to maintain adequate hydraulic functioning and to Iimit
habitat for disease-carrying animals.
• Animal and vector control.
• Periodic sediment removal to optimize performance.
• Trash, debris, grass trimmings, tree pruning, and leaf collection and removal
to prevent obstruction of a Swale and monitoring equipment.
• Erosion and structural maintenance to prevent the loss of soil and maintain
the performance of the Swale.
Functional Maintenance
Functional maintenance has two components:
Preventive maintenance
Corrective maintenance
Preventive Maintenance
Preventive maintenance activities to be instituted at a Bioretention Basin are:
• Trash and Debris. During each inspection and maintenance visit to the site,
debris and trash removal will be conducted to reduce the potential for inlet
and outlet structures and other components from becoming clogged and
inoperable during storm events.
• Sediment Removal Sediment accumulation, as part of the operation and
maintenance program at a Swale, will be monitored once a month during the
dry season, after every large storm (0.50 inch), and monthly during the wct
season. Specifically, if sediment reaches a level at or near plant height, or
could interfere with flow or operation, the sediment will be removed. if
accumulation of debris or sediment is determined to be the cause of decline
in design performance, prompt action (i.e., within ten working days) will be
taken to restore the Swale to design performance standards. Removal of
Standing Water. Standing water must be removed if it contributes to the
development of aquatic plant communities or mosquito breeding areas.
• Fertilization and Irrigation. The vegetation seed mix has been designed so
that fertilization and irrigation is not necessary. Fertilizers and irrigation
will not be used to maintain the vegetation.
• Elimination of Mosquito Breeding Habitats. The most effective mosquito
control program is one that eliminates potential breeding habitats.
Corrective Maintenance
Corrective maintenance is required on an emergency or non-routine basis to
correct problems and to restore the intended operation and safe function of a
Bioretention Basin. Corrective maintenance activities include:
• Removal of Debris and Sediment. Sediment, debris, and trash, which
impede the hydraulic functioning of a Swale and prevent vegetative growth,
will be removed and properly disposed.
• Structural Repairs. Once deemed necessary, repairs to structural
components of a Swale and its inlet and outlet structures will be done within
10 working days.
• Embankment and Slope Repairs. Once deemed necessary, damage to the
embankments and slopes of Swales will be repaired within 10 working
days).
• Erosion Repair. Where a reseeding program has been ineffective, or where
other factors have created erosive conditions (i.e., pedestrian traffic,
concentrated flow, etc.), corrective steps will be taken to prevent loss of soil
and any subsequent danger to the performance of a Swale. There are a
number of corrective actions than can be taken. These include erosion
control blankets,riprap.
Hazardous Waste
Suspected hazardous wastes will be analyzed to determine disposal options. Hazardous
wastes generated onsite will be handled and disposed of according to applicable local,
state, and federal regulations. A solid or liquid waste is considered a hazardous waste if
it exceeds the criteria list in the CCR, Title 22, Article 11.
Storm Water Storage System
• Periodic inspections of the inlet and outlet areas to ascertain correct operation of
system and to clean materials trapped on grates protecting catch basins and inlet
area should be required monthly.
o Routine sweeping and cleaning of impervious drainage areas will reduce
floatables and sediment loading to underground stormwater storage.
• The primary maintenance concerns are removal of floatables that become trapped
and removal of accumulating sediments within the system; this should be done at
least on an annual basis. Proprietary traps and filters associated with stormwater
storage units should be maintained as recommended by the manufacturer.
• Confined space safety procedures must be followed by workers entering
an underground stormwater storage facility.
• Sediments are best removed mechanically rather than flushing. If flushing
is the only option then great care must be taken not to flush sediments
downstream into native waters.
• Any structural repairs required to inlet and outlet areas should be addressed in a
timely manner on an as needed basis.
• Local authorities may require annual inspection or require that they carry out
inspections and maintenance.
, r
ALL-PURPOSE ACKNOWLEDGMENT
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 California
County of SS
On ����-' +Z� 1 �� , before me, i' 0 c� 1� 1 /-Y16 , Notary Public,
DATE n ,,
personally appeared J\Ac., �+ XN41- who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(scare subscribedto,the within instrument )
and ackn9 edged to me tha he he/they executed the
sam Trier/their authorized capacity(ies), and that
by I her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
CommA AN6ElA A. SIMON
N NOTARY PPURI2009314 V1 I certify under PENALTY OF PERJURY under the
SAN MY COW.�Eza_MA2 2017 � laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
9
a,
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE
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The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document
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