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2020-329956 DOC# 2020-0329956 1 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII RECORDING REQUESTED BY AND, Jun 24, 2020 02:53 PM OFFICIAL RECORDS WHEN RECORDED MAIL TO: ) Ernest J. Dronenburg, Jr., I SAN DIEGO COUNTY RECORDER FEES: $50.00 (SB2 Atkins: $0.00) CITY CLERK ) PAGES: 13 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 AND HYDROMODIFICATION MANAGEMENT FACILITIES BY AGENT OF COMMERCIAL FACILITY APN: 256-121-29 &256-121-34 Permit No.: 14329-G Site Address: 865 Orpheus Ave. Case No.: 17-230 MUP/DR/CDP THIS AGREEMENT is between the City of Encinitas, a municipal corporation, hereinafter referred to as the "City", and S & L Oil, Inc., a California corporation 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 Agreemeht is for the periodic Maintenance of certain private stormwater treatment, pollution control, and hydromodification management 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, Hydromodification Management Plan (HMP) facilities, 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 i 4 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 14329-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 i 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 ifor 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 purposesi 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, a's 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 I 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 docume ts, 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 a 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 Sto mwater 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 indings 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, pi rforms work of any nature, or expends any funds for attorney's fees, adminstrative 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: r Vipan G ta, Owner Date for S & L Oil, Inc. Signature of OWNER must be notarized. Attach the appropriate acknowledgement. CITY OF ENCINI AS: CA A 20 Edward J. Wi er D e City Enginee Developmen ervices Department City of Encinitas CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other:officer completing this certificate verifies only:the identity ' of the indiVdu.al 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 San Diego } On wtax 0 Zoo before me, ary Charles Phan,.Not Public ere msen name.an ll e e o icer) personally appeared a-,. 6 U944 , who:.proved to me.on the;basis,: erson p �of satisfactory'evidence.to be the s)whose name(s)is/are subscribed:to the:, ithin instrume n t nd acknowledged'.t0 me That he/sale/they executed.the:same in his/her/their authorized capacity(ies),.and that:by his/her/their signatures) on the instrument the person(s);;or the entity,upon behalf of which the person(ns) acted, executed Ahe.instrument. certify under PENALTY OF PERJURY under the:laws of the State.of California that theforegoing paragraph.isArue and-correct. WITNESS my:hand and official seal. CNAItt.ESPHAN Notary Public-California [ a San Diego County S Commission X 23i5in Comm. Oy Expires Dec 10,2023 Notary , lic:Signature tay:PublicSeal) INSTRUCTIONS FOR,COMPLETING'THIS:F.ORM: ADDITIONAL OPTIONAL INFQRMATION ;Thisforn�contpliaswith current Califorriiaslattitesregarding-rtotary tivordirtg'and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,,should he cornpleled:artd attached io,the dfocustent.Acknowledgments. from other states siay.he'completed for:documeiiu being senttoT that siate so long :as the-wording does not rewire the California-noLary to iolate California 9iotaly' - =(Ttlew,description of attached document) •:State and County information must be the`State.and.County where the:document' 'signer(sypersonally appeared beforelbe notary;public:foracknowledgment. • :Date ofnotariuttion must be the.date::that the:,signer(s),personally appearedlwhich (Title ordescdption of attached.document continued) :must.alsci be the same date the acknowledgment.is completed • ?he notary.public:must print-his or het name as,it appears within his or her Number:of Pages. Document.Date commission followed by.a'comma and.then.your title(notary.public). • Print-the name(s) of.document signer(s) who:.personally appear;at the time,of notarization:. . .Indicate the correct'singular or plural forms by.crossing=off incorrect forms(i:e CAPACITY CLAIMED BY THE-SIGNER.. he/she/tltey .is/are:)or circling the correcrforms..Faitureao correctly indiratethts ❑ Individual(5.) informaiiorrmay lead to refection of documentrecording. ❑ Corporate Q.fflQef • The:notary; seal impressloir:must be.clear and phoiagraphically.reproducible Impression:must.not cover1ext orlines ,If seal'impression smudges:re"sezl iif a (Title). sufficient permits,otherayise,complete a<ditferent aeknowledgmenrforr i . :Signature:ofthanotary public must match the stgnature:on file:with the office of ❑ P2Ttnef(S.)' the county clerk. ❑ Attorrle0n4fact Additional information is;not required but:could help to:ensure this Trustee(s). :acknowledgment is hot:misused:or attached to,a:different document. • Indicate title or'type of attached.document,number of pages and date. . Other . • cgrporate.officer,it dicate.the title( e:CEO,CFO,Secretary.).. p is a V Indicate the capacity claimed b the signer,Ifnce.claimed capacity „- • Securely attach.thisdocumentto;the signed document with a.staple. z.,; .-v..... u. . .. . I 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 � SS. County of \ On Q(Q 0030 , before , Notary Public, DATE personally appeared L-::-6kOGS& , h���rnme� ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the DEANA GAY person(s), or the entity upon behalf of which the COMM.#zzossss D person(s) acted, executed the instrument. 7 SAN DIEGO COUNTY D QQ NOTARY PUBLIC-CALIFORNIAZ I certify under PENALTY OF PERJURY under the MY COMMISSION EXPIRES -' laws of the State of California that the foregoing AUGUST 23,2021 g g paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATUR OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT F1 INDIVIDUAL F1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT F1 PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT E OF s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERP-A.COM ©2005-2017VALLEY-SIERRAINSURANCE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF . CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 12, AND THOSE PORTIONS OF LOTS 1, 2 AND 11, IN BLOCK 2 OF AVOCADO ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE OF. THE COUNTY RECORDER OF SAID COUNTY, APRIL 29, 1924, BEING DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID AVOCADO ACRES; SAID CORNER BEING MARKED BY A 2" X 2" HUB AND TACK; THENCE ALONG THE WESTERLY LINE OF SAID AVOCADO ACRES, SOUTH 4' 29' 30" WEST, 59.33 FEET, THENCE LEAVING SAID WESTERLY LINE SOUTH 85' 30' 30" EAST, 20.00 FEET TO THE WESTERLY LINE OF SAID BLOCK 2, AND THE TRUE POINT OF BEGINNING; THENCE NORTH 76' 21' 00" EAST, 43.40 FEET, THENCE SOUTH 70' 32' 18" EAST, 137.57 FEET, THENCE SOUTH 27' 55' 53" EAST, TO THE SOUTHERLY LINE OF SAID LOT 2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO AND ALONG THE SOUTHERLY LINE OF SAID LOT 12, TO THE WESTERLY LINE OF SAID BLOCK 2; THENCE ALONG SAID WESTERLY LINE NORTH 4' 29' 30" EAST, TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL EASEMENTS, RIGHTS AND APPURTENANCES THERETO, ALL BUILDINGS AND IMPROVEMENTS NOW LOCATED THEREON, AND ALL OF GRANTOR'S RIGHT, TITLE AND INTEREST IN ALL PUBLIC WAYS ADJOINING THE SAME (HEREIN, WITH THE LAND, COLLECTIVELY CALLED "PREMISES"). EXCEPTING THEREFROM THAT PORTION THAT WAS CONVEYED TO THE CITY- OF ENCINITAS, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, BY A GRANT DEED RECORDED MARCH 8, 1999;AS INSTRUMENT NO. 99-0146306 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL RIGHT, TITLE, AND INTEREST IN AND TO ANY OIL, GAS, AND OTHER MINERALS (INCLUDING, WITHOUT LIMITATION, HELIUM, LIGNITE, SULFUR, PHOSPHATE, AND OTHER SOLID, LIQUID, AND GASEOUS SUBSTANCES), ALL AS RESERVED BY SHELL OIL COMPANY., A DELAWARE CORPORATION IN THE DEED RECORDED SEPTEMBER 08, 1998, AS INSTRUMENT NO. 1998-0570037, OF OFFICIAL RECORDS. APN: 256-121-29 & 34 EXHIBIT "B" DESCRIPTION AND PLAT OF STORMWATER FACILITIES DESCRIPTION BIORETENTION IS A FULL INFILTRATION FACILITY WITH VEGETATED SURFACE WATER SYSTEM THAT FILTER WATER THROUGH VEGETATION AND SOIL, ENGINEERED MEDIA PRIOR TO INFILTRATING INTO NATIVE SOILS. BIORETENTION FACILITY IS DESIGN TO PROVIDE FLOW RATE AND DURATION CONTROL AND TO ENHANCE THE UPTAKE OF CONTAMINANTS FROM WATER BY BOTH PLANTS AND SOILS. BIORETENTION IS EFFECTIVE FOR REMOVING: SEDIMENTS, TRASH, BACTERIA, ORGANICS, METALS, OIL AND GREASE. i LEUCADIA BLVD N�A o io w \mss iQ --------- co ' \\NOT TO SCALE BMP v-2 O i ACCESS F g q U 24"X24" / CATCH io BASIN i i - -- 15" PVC OVERFLOW PIPE POC FINAL DISCHARGE BIORETENTION PAGE 1 OF 2 DEEP ROOTED, DENSE, DROUGHT , RETENTION AREA SHALL BE TOLERANT PLANTING SUITABLE LEVEL AND DEPRESSED A FOR WELL DRAINED SOIL APPROVED GRATE INLET MINIMUM OF 9" FROM THE 6" FREEBOARD SURROUNDING GRADE 9" MIN PONDING " �1 ** 0 v ' � 3 HARDWOOD MULCH \ f .....`:..-.1 '-....... ........`: -._I . -....-I --i : : L....__.._ f -... ' -- -- .... = I I :.-:.: I {.:. :.:I , -I ; IE III :._: � I aI ! : !. ......... ; L...:.. If -..:1 ` 24 ENGINEERING I __ __........L.{ I (24" DEEP) 5"/HOUR j - j — PIP ( \ i :- II II MIN. PERCILATION RATE _. _ -.:. .., RISER _;.! i... . ........ :. .... 6 GRAVEL (ASTM 57) ar a�.:��Ci- �_,J__'��� ��a ��% 1 �i� a� �Ja //%/�' " '�i,�i j j�\\�\/\%//j`%/j//��//\�j�/\\;�% %/'✓////j\�j!I�j\j\\ \% %<//,i \\//j%�\\�%j\\\\ �'.�%i//i\�/%�/\\jj\\ _ j PVC LINER PER SOIL ENGINEER / '/ RECOMMENDATIONS. 15 MIL \24" MIN. STECO OR EQ ON SIDES ONLY ENGINEERED SOIL *SEE NOTE BELOW 15" PVC OVERFLOW PIPE TO RIP RAP *BIORETENTION "ENGINEERED SOIL" LAYER SHALL BE MINIMUM 24" DEEP "SANDY LOAM" SOIL MIX WITH NO MORE THAN 5% CLAY CONTENT. THE MIX SHALL CONTAIN 65% SAND, 20% COMPOST OR HARDWOOD MULCH, AND 15% TOPSOIL. **MINIMUM 3" OF WELL—AGED SHREDDED HARD WOOD MULCH THAT HAS BEEN STOCKPILED OR STORED AT LEAST 12 MONTHS. D G m N BIORETENTION (INF-2) FACILITY 0 NOT TO SCALE TI N Z C D z MAINTENANCE CONSIDERATIONS I TASK FREQUENCY MAINTENANCE NOTES Z D PRUNING 1-2 TIMES/YEAR NUTRIENTS IN RUNOFF OFTEN CAUSE BIORETENTION VEGETATION TO FLOURISH n MOWING 2-12 TIMES/YEAR FREQUENCY DEPENDS ON LOCATION & DESIRE AESTHETIC APPEAL m MULCHING 1-2 TIMES/YEAR BETWEEN 1'-3' OF MULCH DEPTH IS IDEAL ;u M MULCH ACCUMULATION REDUCES AVAILABLE WATER STORAGE VOLUME. m X MULCH REMOVAL 1 TIME/2-3 YEARS REMOVAL OF MULCH ALSO INCREASES SURFACE INFILTRATION RATE OF FILL p T SOILS. _L WATERING 1 TIME/2-3 DAYS FOR FIRST 1-2 MONTHS; IF DROUGHT CONDITIONS EXIST, WATERING AFTER THE INITIAL YEAR MIGHT BE Zl SPORADICALLY AFTER ESTABLISHMENT REQUIRED. m W FERTILIZATION 1 TIME INITIALLY ONE TIME SPOT FERTILIZATION FOR FIRST YEAR VEGETATION. K WITHIN THE FIRST YEAR, 10% OF PLANTS CAN DIE. SURVIVAL RATES m REMOVE AND REPLACE DEAD PLANTS 1 TIME/YEAR INCREASE WITH TIME. z Cn INLET INSPECTION ONCE AFTER FIRST OF THE SEASON, THEN CHECK FOR SEDIMENT ACCUMULATION TO ENSURE THAT FLOW INTO THE MONTHLY DURING THE RAINY SEASON BIORETENTION IS AS DESIGNED. REMOVE ANY ACCUMULATED SEDIMENT n OUTLET INSPECTION ONCE AFTER FIRST OF THE SEASON, THEN CHECK FOR EROSION AT THE OUTLET AND REMOVE ANY ACCUMULATED X MONTHLY DURING THE RAINY SEASON MULCH OR SEDIMENT. (q TASK INCLUDE TRASH COLLECTION, PLANT HEALTH, SPOT WEEDING -i MISCELLANEOUS UNKEEP 12 TIMES/YEAR DEVICE NG INVASIVE SPECIES AND REMOVING MULCH FROM THE OVERFLOW 0 C� C D -I m D X G) n O N Cm/) a EXHIBIT "C" MINIMUM MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES TYPICAL MAINTENANCE INDICATOR(S) MAINTENANCE ACTIONS FOR VEGETATED BMPS ACCUMULATION OF SEDIMENT, LITTER, OR REMOVE AND PROPERLY DISPOSE OF ACCUMULATED MATERIALS, WITHOUT DEBRIS DAMAGE TO THE VEGETATION. EXAMINE THE DMA DRAINING TO THE BMP TO DETERMINE THE SOURCE OF THE SEDIMENT. IMPLEMENT CORRECTIVE MEASURES AS APPLICABLE TO MINIMIZE THE SEDIMENT SUPPLY. POOR VEGETATION RE-SEED, RE-PLANT, OR RE-ESTABLISH VEGETATION PER ORIGINAL PLANS. ESTABLISHMENT EVALUATE PROPER FUNCTIONING OF IRRIGATION SYSTEM, F APPLICABLE. OVERGROWN VEGETATION MOW OR TRIM AS APPROPRIATE, BUT NOT LESS THAN THE DESIGN HEIGHT OF THE VEGETATION PER ORIGINAL PLANS WHEN APPLICABLE (E.G. A VEGETATED SWALE MAY REQUIRE A MINIMUM VEGETATION HEIGHT). EROSION DUE TO CONCENTRATED IRRIGATION REPAIR/RE-SEED/RE-PLANT ERODED AREAS. IF NECESSARY, PERFORM MINOR FLOW RE-GRADING TO RESTORE PROPER DRAINAGE ACCORDING TO THE ORIGINAL PLAN. ADJUST THE IRRIGATION SYSTEM TP PREVENT FURTHER EROSION. EROSION DUE TO CONCENTRATED REPAIR/RE-SEED/RE-PLANT ERODED AREAS, AND MAKE APPROPRIATE STORM WATER RUNOFF FLOW CORRECTIVE MEASURES SUCH AS ADDING EROSION CONTROL BLANKETS, ADDING STONE AT FLOW ENTRY POINTS, OR MINOR RE-GRADING TO RESTORE PROPER DRAINAGE ACCORDING TO THE ORIGINAL PLAN. IF THE ISSUE IS NOT CORRECTED BY RESTORING THE BMP TO THE ORIGINAL PLAN AND GRADE, THE CITY ENGINEER SHALL BE CONTACTED PRIOR TO ANY ADDITIONAL REPAIRS OR RECONSTRUCTION. STANDING WATER IN VEGETATED SWALES MAKE APPROPRIATE CORRECTIVE MEASURES SUCH AS ADJUSTING THE IRRIGATION SYSTEM, REMOVING OBSTRUCTIONS OF DEBRIS OR INVASIVE VEGETATION, LOOSENING OR REPLACING TOP SOIL TO ALLOW FOR BETTER INFILTRATION, OR MINOR RE-GRADING, TO RESTORE PROPER DRAINAGE ACCORDING TO THE ORIGINAL PLAN. IF THE ISSUE IS NOT CORRECTED BY RESTORING THE BMP TO THE ORIGINAL PLAN AND GRADE. CONTACT THE CITY ENGINEER PRIOR TO ANY ADDITIONAL REPAIRS OR RECONSTRUCTION. REPAIR/RE-SEED/RE-PLANT PER THE ORIGINAL PLANS ANY DAMAGE VEGETATION IN NEDD OF REPLACEMENT. STANDING WATER IN BIORETENTTON, MAKE APPROPRIATE CORRECTIVE MEASURES SUCH AS ADJUSTING THE BIOFILTRATION WITH PARTIAL IRRIGATION SYSTEM, REMOVING OBSTRUCTIONS OF DEBRIS OR INVASIVE RETENTION, OR BIOFILTRATION VEGETATION, LOOSENING OR REPLACING TOP SOIL TO ALLOW FOR AREAS, OR FLOW-THROUGH BETTER INFILTRATION, CLEARING ANY UNDERDRAINS, OR MINOR PLANTER BOXES FOR LONGER THAN RE-GRADING TO RESTORE PROPER DRAINAGE ACCORDING TO THE 96 HOURS FOLLOWING A STORM ORGINAL PLAN. IF THE ISSUE IS NOT CORRECTED BY RESTORING THE EVENT* BMP TO THE ORIGINAL PLAN AND GRADE, CONTACT THE CITY ENGINEER PRIOR TO ANY ADDITIONAL REPAIRS OR RECONSTRUCTION. REPAIR/RE-SEED/RE-PLANT PER THE ORIGINAL PLANS ANY DAMAGED VEGETATION IN NEED OF REPLACEMENT. OBSTRUCTED INLET OR OUTLET STRUCTURE CLEAR OBSTRUCTIONS. DAMAGE TO STRUCTURAL COMPONENTS SUCH REPAIR OR REPLACE AS APPLICABLE. AS WEIRS, INLET OR OUTLET STRUCTURES *THESE BMPS TYPICALLY INCLUDE A SURFACE PONDING LAYER AS PART OF THEIR FUNCTION WHICH MAY TAKE 96 HOURS TO DRAIN FOLLOWING A STORM EVENT. PAGE 2OF2