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HomeMy WebLinkAboutD-1864A 11980 Los Osos Valley Road Parcels 2,3,4,5 of PM SLO 09-0076 Recorded 07/06/2010r1 - _ r RECORDING REQUESTED BY: FIRST AMERICAN TITLE COMPANY and When Recorded Return to: City of San Luis Obispo Public Works Department 919 Palm Street San Luis Obispo, CA 93401 JULIE RODEW� San Luis Obispo C Clerk/Recorder Recorded at the request of First American Title Company IF 7/06/2010 8:26 AM o c # : 2010030947 Titles: 1 Pages: 29 Fees 98.00 Taxes 0.00 Others 0.00 PAID 598.00 (_ Space above this line for Recorder's use AGREEMENT FOR OPERATION AND MAINTENANCE This Agreement for Qperation and Maintenance ( "Agreement ") is made and. executed effective this T iT day of June, 2010 by and between the City of San Luis Obispo, a municipal corporation and chartered city, hereinafter referred to as "City" and Irish Hills Plaza East, LLC, a California limited liability company, hereinafter referred to as "Developer," together referred to as "Parties ". RECITALS A. WHEREAS, Developer is the owner of real property located at 11980 Los Osos Valley Road, in San Luis Obispo, State of California, which is legally described on Exhibit A -1, attached hereto and incorporated herein, and graphically depicted on Exhibit A -2, attached hereto and incorporated herein, known herein as the "Property". B. WHEREAS, Developer is the developer of a land use project located on the Property, commonly known as Prefumo Creek Commons and referred to by the City as "Development of a 140,000 Square Foot Retail Store and a Minor Subdivision to Allow Four Development Lots and an Open Space, Application No. 7 -07" (hereafter, the "Project "). C. WHEREAS, City Council Resolution Nos. 10110 (2009 series), 10112 (2009 Series), and City Architecture Review Commission Resolution NO. 7 -07 (2009) (referred to collectively as "Conditions of Approval ") require that certain improvements be made within the public right of way located adjacent to or near the Project. D. WHEREAS, the improvements consist of: 1) a median to be installed adjacent to Los Osos Valley Road, of which the location is more particularly described in section A of the Prefumo Creek Commons 0 & M Exhibit (as defined below) and incorporated herein, and which will be improved with landscaping and a drainage swale; 2) a drainage swale north of Froom Ranch Way, of which the location is more particularly described in section B of the Prefumo Creek Commons 0 & M Exhibit and incorporated herein, and 3) a landscaped bio- retention water quality filtration area and block retaining wall area in the open space between the future Target Building and Prefumo Creek, of which the location is more particularly described in section C of the Prefumo Creek Commons 0 & M Exhibit and incorporated herein (all collectively referred to as "Improvements "). LA: 17752050.7 W�fA E. WHEREAS, located at Sheet 80 in the approved public improvement plans of the Project, which are on file with the City, is a document entitled Prefumo Creek Commons O & M Exhibit ( "Prefumo Creek Commons O & M Exhibit"), which describes and illustrates the City and Developer's respective maintenance responsibilities related to and arising out of the Improvements from the date the Director of Public Works accepts, or certifies complete, the Improvements according to the plans and specifications for the Improvements, and any approved modifications thereto ("Maintenance Obligations "). A reduced and sectionalized copy of the Prefumo Creek Commons O & M Exhibit is attached hereto as Exhibit B and incorporated herein. F. WHEREAS, pursuant to the Conditions of Approval, the Parties desire to work together to allocate their respective obligations relative to the Improvements in this Agreement, which is to be recorded against the Property. G. WHEREAS, Developer is currently in. contract to sell a portion of the Property ( "Target Tract ") to Target Corporation, a Minnesota corporation ( "Target "), and is scheduled to close escrow after the recordation of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and Developer agree as follows: AGREEMENT 1. Developer's Maintenance Obligations. a. Developer agrees that for each improvement listed in Table Al in the column entitled "Item ", when Developer is identified as the "Party Responsible for Maintenance" in the same row as an improvement and in the column "Party Responsible for Maintenance ", Developer will maintain the improvement identified for the term prescribed in the same row as the improvement and under the column labeled "Maintenance Term." For the improvements in which Developer is identified as the "Party Responsible for Maintenance ", Developer agrees to implement and perform the applicable "Maintenance/Repair Program" as described in Table A2 for the duration of the identified maintenance term. b. Developer agrees that for each improvement listed in Table B 1 in the column entitled "Item ", when Developer is identified as the "Party Responsible for Maintenance" in the same row as an improvement and in the column "Party Responsible for Maintenance ", Developer will maintain the improvement identified for the term prescribed in the same row as the improvement and under the column labeled "Maintenance Term." For the improvements in which Developer is identified as the "Party Responsible for Maintenance ", Developer agrees to implement and perform the applicable "Maintenance/Repair Program" as described in Table B2 for the duration of the identified maintenance term. LA: 17752050.7 c. Developer agrees that for each improvement listed in Table C1 in the column entitled "Item ", when Developer is identified as the "Party Responsible for Maintenance" in the same row as an improvement and in the column "Party Responsible for Maintenance ", Developer will maintain the improvement identified for the term prescribed in the same row as the improvement and under the column labeled "Maintenance Term." For the improvements in which Developer is identified as the "Party Responsible for Maintenance ", Developer agrees to implement and perform the applicable "Maintenance/Repair Program" as described in Table C2 for the duration of the identified maintenance term. d. Developer agrees that for each improvement in which Developer is identified as the Party Responsible for Maintenance ( "Developer Improvement ") as described in this section, three (3) months prior to the end of a maintenance term for a Developer Improvement, Developer will notify the City's Public Works Director that the maintenance term is due to end, will supply the City with any reports and analyses, and will perform any maintenance or corrections as deemed reasonably necessary by the City, provided that the City notifies Developer in writing of such maintenance and corrections prior to the expiration of such three (3) month period. If Developer does not notify the City as required by this subsection, the Developer shall continue implementing the applicable "Maintenance/Repair Program" until the earlier of (i) the date three (3) months after Developer provides such notice, or (ii) the date on which the City determines that the Developer Improvements are in a satisfactory condition for the transfer of maintenance responsibility. e. The Developer agrees to perform its Maintenance Obligations under an annual encroachment permit issued by the City and comply with all terms and conditions therein. The encroachment permit shall be renewed on an annual basis. 2. City's Maintenance Obligations. a. The City agrees that for each improvement listed in Table Al in the column entitled "Item ", when the City is identified as the "Party Responsible for Maintenance" in the same row as an improvement and in the column "Party Responsible for Maintenance ", the City will maintain the improvement identified for the term prescribed in the same row as the improvement and under the column labeled "Maintenance Term." For the improvements in which the City is identified as the "Party Responsible for Maintenance ", the City agrees to implement and perform the applicable "Maintenance/Repair Program" as described in Table A2 for the duration of the identified maintenance term. b. The City agrees that for each improvement listed in Table B1 in the column entitled "Item ", when the City is identified as the "Party Responsible for Maintenance" in the same row as an improvement and in the column "Party Responsible for Maintenance ", the City will maintain the improvement identified for the term prescribed in the same row as the improvement and under the column labeled LA: 17752050.7 0 0 "Maintenance Term." For the improvements in which the City is identified as the "Party Responsible for Maintenance ", the City agrees to implement and perform the applicable "Maintenance/Repair Program" as described in Table B2 for the duration of the identified maintenance term. c. The City agrees that for each improvement listed in Table C1 in the column entitled "Item ", when the City is identified as the "Party Responsible for Maintenance" in the same row as an improvement and in the column "Party Responsible for Maintenance ", the City will maintain the improvement identified for the term prescribed in the same row as the improvement and under the column labeled "Maintenance Term." For the improvements in which the City is identified as the "Party Responsible for Maintenance ", the City agrees to implement and perform the applicable "Maintenance/Repair Program" as described in Table C2 for the duration of the identified maintenance term. 3. Meet and Confer. During the course of constructing the Project, if an additional improvement is required by the Project that is not identified on the Maintenance Obligations, the Parties shall meet and confer to identify the party responsible for maintenance, the term for maintenance and the maintenance /repair program that is consistent with the Conditions of Approval. 4. Developer's Default. If Developer fails to implement or perform any necessary "Maintenance/Repair Program" which is identified in Tables A2, B2 or C2 in the Maintenance Obligations and for which Developer is responsible hereunder ( "Developer Maintenance/Repair Program ") to the reasonable satisfaction of the City as provided for in this Agreement, the City may undertake to implement or to perform the necessary Developer Maintenance/Repair Program on behalf of Developer at Developer's expense, as determined at the City's reasonable discretion. Developer hereby agrees to pay the City's reasonable expenses incurred in connection with the performance of such Developer Maintenance/Repair Program within thirty (30) days of receipt of billing by the City. However, prior to the City performing any portion of the Developer Maintenance/Repair Program, the City will provide written notice to Developer to cure the default and Developer will have thirty (30) days within which to effect that cure; provided, however, if the nature of such default is such that it cannot reasonably be cured within such 30-day period, then Developer shall have such additional time as is reasonably necessary to cure the default, provided that Developer commences the cure within such 30-day period and thereafter diligently prosecutes such cure to completion. Should Developer fail to pay the reasonable expenses incurred by the City in performing any portion of the Developer Maintenance/Repair Program as required above, the Parties agree that the City may use any available legal remedy to recover such costs from Developer. LA: 17752050.7 5. Equitable Servitude. This Agreement shall be recorded against the Property and shall constitute an equitable servitude thereon in accordance with California Civil Code Section 1468. Developer consents to the recording of this Agreement in the Official Records of San Luis Obispo County. Developer agrees to notify any successor owner of the existence of this Agreement and the terms and conditions hereof. 6. Termination. This Agreement may be terminated by mutual written consent by the Parties. In the event of a default by Developer under this Agreement that continues beyond the notice and cure period set forth in Section 4 above, the City shall have the right, so long as such default remains uncured, to terminate this Agreement by delivering written notice of such termination to Developer. Upon any termination of this Agreement pursuant to this Section 6, all obligations of the Parties under this Agreement which accrue after the date of such termination shall terminate and be of no further force or effect. Notwithstanding any terms to the contrary herein, Section 8 shall survive any termination of this Agreement.. 7. Term. This Agreement shall become effective on the date first shown above and shall remain in full force and effect until amended or terminated as provided for herein. 8. Indemnification. Developer shall indemnify and hold harmless the City, its officers, agents, employees or servants from any and all claims, losses and liabilities, including cost of defense and attorney's fees, arising out of, relating to or resulting from any claims made by reason of or in connection with Developer's performance of its obligations under or as a result of this Agreement, excluding any claims, losses or liabilities arising out of, relating to or resulting from (i) any Maintenance Obligations of the City under this Agreement, or (ii) the negligence or willful misconduct of City or any of its officers, agents, employees, servants or contractors; provided, however, if it is determined by a court of competent jurisdiction that any liability or loss covered by this indemnity has resulted from the negligence of both Developer and the City, then Developer shall remain responsible under this indemnity for the portion of such liability or loss which is attributable to Developer, as determined by such court. 9. Insurance. Developer agrees that during the term hereof it shall maintain a policy of general liability insurance in the minimum amount of one (1) million dollars per occurrence with an aggregate amount of three (3) million dollars. The insurance policy shall name the City as an additional insured and shall state that the carrier shall notify the City thirty (30) LA: 17752050.7 days prior to cancelling the policy for any reason. Developer shall, upon execution of this Agreement, provide the City with proof of insurance. In the event that this section conflicts with another insurance requirement applicable to the Maintenance Obligations in a contract between the City and Developer, local ordinance, or permit requirement, the insurance requirement that requires the higher minimum amount shall prevail. 10. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 11. Nonwaiver of Rights or Remedies. The failure of a party to exercise any one or more of its rights or remedies under this Agreement shall not constitute a waiver of that party's right to enforce that right or seek that remedy in the future. No course of conduct or act of forbearance on any one or more occasions by any party to this Agreement shall preclude that party from asserting any right to remedy available to it in the future. No course of conduct or act of forbearance on any one or more occasions shall be deemed to be an implied modification of the terms of this Agreement. 12. Transfer of Rights and Duties Upon Conveyance. a. Subject to the terms of the immediately following sentence, Developer shall be bound by this Agreement and the obligations of the Developer hereunder during the period that Developer is a fee owner of the Property or any portion thereof, and only for the obligations, liabilities and responsibilities that accrue during said period of ownership, and upon conveyance of its entire remaining fee interest in the Property, Developer shall be discharged of all of its obligations, liabilities and responsibilities under this Agreement which accrue after such conveyance. Notwithstanding the foregoing, in the event that Developer conveys its remaining fee interest in the Property prior to the fifth (5`h) anniversary of the date the Director of Public Works accepts, or certifies complete, the Improvements according to the plans and specifications for the Improvements, and any approved modifications thereto ( "Five Year Anniversary Date"), and in the event that the transferee under such conveyance fails to implement or perform, in accordance with the terms of this Agreement, any of the Developer Maintenance/Repair Program during the period between the date of such conveyance and the Five Year Anniversary Date ( "Post- Conveyance Period "), then Developer shall remain liable to the City for all reasonable expenses incurred by the City pursuant to Section 4 of this Agreement in connection with the City's performance of the Developer Maintenance/Repair Program obligations accruing during the Post - Conveyance Period. In the event of any default by the transferee in the performance of LA: 17752050.7 • • the Developer Maintenance/Repair Program during the Post - Conveyance Period, the City shall deliver written notice of such default to Developer at the same time that such notice is delivered to the transferee pursuant to Section 4 of this Agreement. b. All other persons and entities which acquire fee title to all or any portion of the Property (each a "Transferee ") shall be bound by this Agreement and the obligations of the Developer hereunder only during the period that such Transferee is a fee owner of the Property or any portion thereof, and only for the obligations, liabilities and responsibilities that accrue during said period of ownership, and upon the conveyance by a Transferee of its entire fee interest in the Property, such Transferee shall be discharged of all of its obligations, liabilities and responsibilities under this Agreement which accrue after such conveyance. In any and all future contracts between Developer and a Transferee (other than Target as provided below in Section 12(c)) to convey all or any portion of the Property, Developer shall have the Transferee acknowledge its obligations under this Agreement in writing before any such conveyance becomes final and shall provide City a copy of said acknowledgement; provided, however, any failure on the part of Developer to provide such written acknowledgement to the City shall not relieve the Transferee of any of its obligations under this Agreement or otherwise alter or affect any of the respective rights and obligations of Developer, the City and the Transferee under this Agreement. C. Notwithstanding anything to the contrary in this Agreement, in the event that Target or any Target Affiliate (as defined below) at any time acquires fee title to the Target Tract, neither Target nor the Target Affiliate shall be deemed a Transferee for purposes of this Agreement and neither shall be responsible for any obligations or liabilities of Developer under this Agreement; provided, however, if at any time after Target's or any Target Affiliate's acquisition of the Target Tract, Target or any Target Affiliate acquires fee title to the remainder of the Property, or any portion thereof on which a building is or has been located, then, upon such acquisition, each Target Entity (as defined below) which then or thereafter holds fee title to the Property or any portion thereof shall become a Transferee for purposes of this Section 12 and shall be responsible for the obligations and liabilities of the Developer under this Agreement which accrue during the portion of such Target Entity's period of ownership which follows such acquisition. Notwithstanding the foregoing, at such time that Target or any Target Affiliate conveys to any person or entity (other than another Target Entity) fee title to all or any portion of the Property which is then owned by Target or such Target Affiliate, as the case may be, such person or entity shall be deemed a Transferee for purposes of this Section 12 and shall be bound by this Agreement and the obligations and liabilities of the Developer hereunder that accrue during said person's or entity's period of ownership, with the same force and effect as if such person or entity had acquired its fee title directly from Developer. As used herein, "Target Affiliate" means an affiliate or a wholly owned subsidiary of Target, or any entity that controls, is controlled by or under the common control of Target, and "Target Entity" means Target and each Target Affiliate. LA: 17752050.7 13. No Oral Modifications. This Agreement represents the entire understanding of the City and the Developer and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified only by a writing signed by the authorized representatives of both the City and the Developer. 14. Binding Upon Successors. This Agreement and each of its terms shall be binding upon and inure to the benefit of the City, the Developer and their respective successors and assigns. 15. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Developer against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration of costs and expert witness fees, including actual costs and attorneys' fees on appeal. 16. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of San Luis Obispo, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Luis Obispo, California. The City and Developer each consent to the personal jurisdiction of the court in any such action or proceeding. 17. Time is of the Essence. Except as otherwise expressly stated, time is of the essence in the performance of each and every action required pursuant to this Agreement. 18. Covenant of Further Assurances. The City and the Developer shall take all other actions and execute all other documents, which are reasonably necessary to effectuate this Agreement. 19. Interpretation. The City and the Developer agree that this Agreement is the product of mutual negotiations and is an arms -length transaction. Each party has negotiated this Agreement with the advice and assistance of legal counsel of its own choosing. LA: 17752050.7 It is further agreed that the terms of this Agreement shall be construed in accordance with the meaning of the language and shall not be construed for or against either party by reason of authorship and the rule that ambiguities in a document shall be construed against the drafter of the document shall have no application to this Agreement. In construing and interpreting this Agreement, the finder of fact shall give effect to the mutual intention of the City and Developer, notwithstanding such ambiguity, and may refer to the facts and circumstances under which this Agreement is made and such other extraneous evidence as may assist the finder of fact in ascertaining the intent of the City and Developer. 20. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and Developer both agree that. they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety. 21. Headings. The headings of each section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each section. 22. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. 23. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The signatures may be executed and notarized on separate pages, and when attached to each other shall constitute one (1) complete document. 24. Notices. Unless otherwise stated in this Agreement, Notices required under this Agreement shall be sent to the following: If to the City: City of San Luis Obispo Attn: City Manager LA: 17752050.7 • • 990 Palm Street San Luis Obispo, CA 93401 -3249 Facsimile No. (805) 781 -7109 If to the Developer: Irish Hills Plaza East, LLC 284 Higuera Street San Luis Obispo, CA 93401 Attn: Mr. Clint Pearce (with a copy to) McKenna Long & Aldridge LLP 300 S. Grand Ave., 14th Floor Los Angeles, CA 90071 Attn: Steven Abram, Esq.. Notices given pursuant to this Agreement shall be deemed received as follows: (a) If sent by United States Mail — on the date of receipt by the receiving parry. (b) If by facsimile — upon transmission and actual receipt by the receiving party. (c) If by express courier service or hand deliver — on the date of receipt by the receiving party. The addresses to notices set forth in this Section 23 may be changed upon written notice of such change to either the City or Developer, as appropriate.. LA: 17752050.7 rI IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. Dated: o 2y1 10 CITY OF SAN Lj,IIS OBISPO A Municipal Co ration ATTEST: �J C Elaina Cano, City Clerk AS TO Christine Dietrick, LA: 17752050.7 Dated: IRISH HILLS PLAZA EAST, LLC A California Li ' d Liability Company i nt Pe ice President R D AS TO FORM: SiEveg Abram of McKenna Long & Aldridge LLP, Attorneys for Developer NOTARIAL ACKNOWLEDGEMENTS ON PAGES TO FOLLOW 0 0 STATE OF CALIFORNIA COUNTY OF - p On 2010, fore me,l '�,t a Notary Publ ic, personally appeared (21 ate} ¢ , 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 person(s), or the entity upon behalf of which the person(s) 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. U CHRISTINE BURKETT WITNESS my hand and official seal. d NOTARY M. #1893858 ; 4® e SAN LUIS OBISPO CAA () Signature: G (Seal) 00MM• EXPM OCT. 4, 2010 -A STATE OF CALIFORNIA COUNTY OF ) On , 2010, before me, , a Notary Public, personally appeared �esubscribed proved to me on the basis of satisfactory evidence to be the person(s) whose name's) ' to the within instrument and acknowledged to me that he /she /they ex ted the same in his/her /their authorized capacity(ies), and that by his/her /their signature's the instrument, the person's), or the entity upon behalf of which the person(s) aZexec the instrument. I cer tify under PENARJURY under the laws of the State of California that the foregoing paragraph i rrect. WITNESS my d and official seal. A f� Signature: (Seal) LA: 17752050.7 • • awluulllllllllll8 �' ����l City Of SM LUIS OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 STATE OF CALIFORNIA ) )ss COUNTY OF SAN LUIS OBISPO ) On June 28, 2010, before me Elaina Cano, City Clerk, personally appeared Katie Lichtig, City Manager, CITY OF SAN LUIS OBISP , who proved to me on the basis of satisfactory evidence to be the person whose nameOIis/ ;subscribed to the within instrument and acknowledged to me that � /she /iVy executed the same in */her /*iir authorized capacityO, and that by Xperson(;eactseid s/her /nature �sr�on the instrument the person, or the entity upon behalf of which the , 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 City Clerk Clerk (Seal) .f R OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. EXHIBIT A -1 LEGAL DESCRIPTION OF THE PROPERTY LA: 17752050.7 • EXHIBIT A -1 LEGAL DESCRIPTION SHOPPING CENTER • In the City of San Luis Obispo, County of San Luis Obispo, State of California: Parcels ?, 3, 4, and 5 of Parcel Map SLO 09 -0076, according to the map filed Ju U C9 , 2010 in Book -1 L1 of Parcel Maps at Pages in the Office of the County Recorder of said County. End Description EXHIBIT A -2 GRAPHIC DEPICTION OF THE PROPERTY LA: 17752050.7 3 h Q� 0 O �G Q p 012aAFWNCO IRT SAN LW80as3QC/ 9W1 r =5"4otl F8055444291 WAUACE GROUP 4 ZZ ti �v �G Q �v �G Q B 10/PW14 A 10/PMh4 2-B 161PM12 Q 2-A -1 181PM/1 O 2-A-2 18/PM/01 LOS OSOS VALLEY ROAD PREFUMO CREEK COMMONS SHOPPING CENTER PARCELS 2,3,4, AND 5 OF PARCEL MAP SLO 09 -0076 SAN LUIS OBISPO, CA. JOB Na:: 658-01 DATE: 6 -16-10 DR4WN BY: GM OF 1 EXHIBIT B • PREFUMO CREEK COMMONS O &M EXHIBIT LA: 17752050.7 LEGEND VEGETATED SWALE - -- STORM DRAIN NETWORK WALL SITE MAP PREFUMO CREEK COMMONS • Exhibits VARIES 14.00' - 20.00' VARIES 2.00'- 5.00' 2.00' EG TOP EXISTING FRONTAGE RD 1 CHECK CURB AND GURER WITH 1L DAM CURB CUT EVERY W FG N NOTES: 1. SEE LANDSCAPE PLANS FOR PLANTING 2.1-2% LONGITUDINAL SLOPE 3. EARTH CHECK DAMS PER IMPROVEMENT PLANS CROSS-SECTION MATCHLINE HT �0 I h l i tch FBI I I O ICS Ii; I I cn I �I 0 cp II,1D �- �� I Ill SIN F� y .I o m it I I 1 ,. 6 i - co i i I it O• I ' o I I cn �iD I �I 171 ,Im11 -. �!4 _ti L ate, f_— �L ° MATCHLINE �_ PREFUMO CREEK COMMONS O & M EXHIBI T B DRAINAGE SWALE IN LOVR - FRONTAGE scale :1' =IW ROAD PALM TREE MEDIAN (DETAIL A) Detail 'A' 1 of 2 PROPERTY �� 2.00' LINE 25.00' 2.00' BENCH SOUND WALL 10' TALL i 2.00' BENCH EG � 3.00' FG i 18" SOIL -f 17 � FILTER FABRIC I T. 3' X 3' GRAVEL TRENCH WITH 24' PERF. HDPE SD NOTES: 1. SEE LANDSCAPE PLANS FOR PLANTING 2. LONGITUDINAL SLOPE BETWEEN 0.5% TO 1.0% 3. BOULDER CHECK DAMS EVERY 100' WHERE LONGITUDINAL SLOPE IS 1% CROSS SECTION PREFUMO CREEK COMMONS O & M EXHIBIT B DRAINAGE SWALE NORTH OF sc18:1• =1°°' FROOM RANCH WAY ROW (DETAIL B) Detail B• 2 of 4 TABLE B1 ITEM PARTY RESPONSIBLE FOR MAINTENANCE TERM MAINTENANCE . VEGETATED SWALES DEVELOPER IN PERPETUITY VEGETATED DEVELOPER IN PERPETUITY FILTER STRIP PARKWAY/TREES DEVELOPER IN PERPETUITY STORM DRAIN NETWORK CITY IN PERPETUITY DEVELOPER FIRST FIVE YEARS POST CONSTRUCTION CATCH BASIN INLET FILTER IN PERPETUITY AFTER CITY INITIAL 5 YEARS POST - CONSTRUCTION SOUND WALL DEVELOPER IN PERPETUITY HARDSCAPE UNTIL FROOM RANCH IMPROVEMENTS DEVELOPER WAY BECOMES A (EAST) THROUGH STREET HARDSCAPE IMPROVEMENTS CITY IN PERPETUITY (WEST) WATERLINE CITY IN PERPETUITY PREFUMO CREEK COMMONS O & M EXHIBIT B DRAINAGE SWALE NORTH OF scwe:l, =l ' B=ROOM RANCH WAY ROW (DETAIL B) DetWI wB• 3 of t TABLE B2 BEST MANAGEMENT INSPECTIONFREOUENCY" MAINTENANCE/REPAIR PROGRAM PRACTICES (BMPs) (all controls) _ General Source Controls Interceptor Trees (zz) Semiannually ra Consult with a landscaper on unhealthy trees. Replace dead trees. Tr_ eatmenf Controls OTC -30 Vegetated Swales Prior to rainy season (Oct 15), ■ Inspect for vegetation establishment twice per year in the first two years. (1, 2,3,4,5,6,7,28,24,25,26) after major storms (> i -inch) • Inspect inlet/outlet structures quarterly. and at end of rainy season (May 25). a Inspect for eroded areas quarterly, especially near road edges. ■ Inspect and remove invasive vegetation semiannually. E Inspect for sediment accumulation annually. ® Harvest excess vegetation annually. a Remove sediment from forebay every 5 -7 years. ■ Standing shall not remain in the swale for more than 5 days, to prevent mosquito reproduction. e Irrigate swale during dry season (April — October) or when necessary to maintain the vegetation. e. Regularly remove trash, branches, palm fronds and other debris and dispose of properly, monthly. ■ Repair any damaged areas within a channel identified during inspections. Erosion rills or gullies should be corrected as needed. ra Remove all accumulated sediment that may obstruct flow as needed every 10- 50 years. OTC -3i Vegetated Filter Priorto rainy season (Oct ■ Irrigate swale during dry season (April - October) or when necessary to Strips (g) 15), after major storms (> i- maintain the vegetation.. inch) and at end of rainy season (May 15). m Regularly remove trash, branches, and other debris and dispose of properly. a Repair any damaged areas within a channel identified during inspections. Erosion rills or gullies should be corrected as needed. 0 Remove dead vegetation and replace. ■ Rework or replant buffer strip if concentrated flow erodes a channel through the strip. OMP -5a Catch Basin Inlet Prior to rainy season (Oct 15), n Remove trash and sediment as needed. Filters (10,14) after major storms and at 0 Repair and replace damaged structural parts annually. least every months. Note: 0 = BMP from 2004 CASOA BMP Handbook- (te = corresponds to legend number on Drawing No. :L PREFUMO CREEK COMMONS O & M EXHIBIT 8 DRAINAGE SWALE NORTH OF Scale: 1 * =I 0' FROOM RANCH WAY ROW (DETAIL B) Detail TO 4 of wLL Q �ww U ° o , o Luo z / a o? z zo ZmQ�� aa;Z/ W C O / 00 `73 LL Z Z w Z= wW Qd QN� ol/ � Z z [L/ F- % / —� q Q a j0 / / e .I, !!� —o— 110 , _ a — � w del OMt j w _ _ ow ,p oos`9z 1' �A- _ -- a zoqp --- - - - - -- _ . .ON=I a r1 �J IL — C PREFUMO CREEK COMMONS O & M EXHIBIT B LANDSCAPED BIO- RETENTION WQ FILTRATION AND ALLAN BLOCK RETAINING WALL AREA IN THE OPEN SPACE BETWEEN THE TARGET BUILDING AND PREFUMO CREEK (DETAIL C) Scale: ,• =IW Detail °C' 1 of 4 c c u r S ui U U Y z a m LL 0 a 0 z 0. wa Jr o O v� m� 0 a:3 w0 00 (q J w W Lq 0 N O z'N Z O H U W V) O DC U PREFUMO CREEK COMMONS O & M EXHIBIT B LANDSCAPED BIO- RETENTION WQ FILTRATION AND ALLAN BLOCK RETAINING WALL AREA IN THE OPEN SPACE BETWEEN THE TARGET BUILDING AND PREFUMO CREEK (DETAIL C) Scale; 1' =100' Detail 'C' 2 of 4 . • TABLE C1 ITEM PARTY RESPONSIBLE FOR MAINTENANCE E MAINTENANCE TERM BIO RETENTION POND DEVELOPER IN PERPETUITY VEGETATED SWALES DEVELOPER IN PERPETUITY VEGETATED FILTER STRIP DEVELOPER IN PERPETUITY PLANTING/TREES DEVELOPER IN PERPETUITY PEDESTRIAN AMENITIES DEVELOPER IN PERPETUITY RIPARIAN FENCING DEVELOPER IN PERPETUITY ALLAN BLOCK RETAINING WALL DEVELOPER IN PERPETUITY SOUNDWALL DEVELOPER IN PERPETUITY PREFUMO CREEK COMMONS O & M EXHIBIT B LANDSCAPED BIO- RETENTION WQ FILTRATION AND ALLAN BLOCK RETAINING WALL AREA IN THE OPEN SPACE BETWEEN THE TARGET BUILDING AND PREFUMO CREEK (DETAIL C) Scale: 1 ° =100' Detail *C' 3 of 4 END OF DOCUMENT