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19-112 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, 20745 Stevens Creek Boulevard, APN 326-32-055 24219869 Regina Aleomendras Santa Clara County - Clerk-Recorder RECORDING REQUESTED BY 07/05/2019 04: 11 PM AND WHEN RECORDED MAIL TO: Titles: 1 Pages: 19 City of Cupertino Fees: 0.00 City Clerk's Office Taxes: 0 10300 Torre Avenue Tota��1: R0.0u0 Cupertino,CA 95014-3202 ,��� EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE§6103 Space above this line for Recorder's use. STORMWATER MANAGEMENT FACILITIES OPERATION,MAINTENANCE AND EASEMENT AGREEMENT 20745 Stevens Creek Boulevard, Cupertino, CA 95014 APN 326-32-055 This STORMWATER MANAGEMENT FACILITIES OPERATION,MAINTENANCE AND EASEMENT AGREEMENT("Agreement") is made and entered into this y-thday of UAt- , 2019, by PCG Cupertino LLC, a California limited liability company ("Covenantor")and the City of Cupertino, a municipal corporation ("City"). Covenantor and City are referred to collectively herein as the "Parties"and each individually as a"Party." RECITALS: This Agreement is made and entered into with reference to the following facts: A. The City is authorized and required to regulate and control the disposition of storm and surface waters as set forth in the City's Stormwater Pollution Prevention and Watershed Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currently in effect and as it may hereafter be amended, the "Ordinance"). B. The Covenantor is the owner of a certain tract or parcel of land designated as APN 326- 32-055 and more particularly described in Exhibit A attached hereto ("Property"). C. The Covenantor desires to construct certain improvements on the Property that may alter existing stormwater conditions on both the Property and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions,the Covenantor is required by the City to build and maintain, at Covenantor's expense, stormwater management and trash capture facilities ("Facilities") as more particularly described and shown in the Stormwater Management Plan prepared by Kimley-Horn and dated February 2019, which plan,together with any and all amendments, including future amendments,thereto (collectively, the "SWMP"), are on file with the Public -1- l Works Department of the City of Cupertino, California, and are hereby incorporated by reference. E. The City has reviewed the SWMP, and subject to execution of this Agreement, has approved the SWMP. AGREEMENT: NOW, THEREFORE, in consideration of the benefits received and to be received by the Covenantor, its successors and assigns, as a result of the City's approval of the SWMP, the Parties hereby agree as follows: 1. Covenants Running With the Land; Property Subject to Agreement. All of the Property shall be subject to this Agreement. The Parties intend that this Agreement shall run with the land, shall be binding on Covenantor, its successors and assigns, and all parties having or acquiring any right,title or interest in the Property or any portion thereof, and their respective successors and assigns, and shall inure to the benefit of the City and its successors and assigns regardless of whether City has any ownership interest in the Property or any portion thereof or any property adjacent thereto. Every limitation, easement, obligation, covenant, condition, and restriction contained herein shall be deemed to be, and shall be construed as a covenant running with the land, and in addition, shall be construed as an equitable servitude, enforceable by any owner of any portion of the Property against any other owner,tenant or occupant of the Property or any portion thereof. Subject to the provisions of Section 9 below, each reference in this Agreement to Covenantor shall mean Covenantor and its successors in interest to the Property or any portion thereof. 2. Responsibility for Installation, Operation and Maintenance. At its sole expense,the Covenantor shall construct, operate and perpetually maintain the Facilities in strict accordance with: (a)the Ordinance, (b) manufacturer's recommendations where applicable, (c)the SWMP and any amendments thereto that have been approved by the City, and(d) all other applicable federal, state and local laws, ordinances and regulations. Covenantor, on an annual basis, shall prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in the form attached hereto as Exhibit C or such other form as may be required by City from time to time. The annual Maintenance Inspection Report shall identify all completed inspection and maintenance tasks for the reporting period and shall be submitted to the City in order to verify that inspection and maintenance of the Facilities have been conducted as required by this Agreement. The annual report shall be submitted no later than October 15 of each year, under penalty of perjury,to the City Public Works Director or such other member of the City staff as directed by the Public Works Director. Covenantor shall provide in the annual report a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). Covenantor shall conduct a minimum of one annual inspection of the Facilities before the rainy season; this inspection shall occur between August 1st and September 30 each year. More frequent inspections may be required to comply with the maintenance standards. The results of inspections shall be recorded on the Maintenance Inspection Report. -2- 3. Facility Modifications. At its sole expense,the Covenantor shall make such changes or modifications to the Facilities as the City Engineer may reasonably determine to be necessary or desirable to ensure that the Facilities continue to operate as originally designed and approved. Any changes or modifications to the Facilities may be made only with prior written authorization by the City Engineer or his or her designee. 4. Grant of Easement. Covenantor hereby grants to City a nonexclusive, access and maintenance easement("Easement") over the Facilities as depicted and described in Exhibit B attached hereto and incorporated herein("Stormwater Facilities Area") for the purpose of permitting the City, and its employees, agents, contractors, consultants, to inspect, monitor, maintain, repair and replace the Facilities. Covenantor grants to the City the nonexclusive right of ingress and egress to the Stormwater Facilities Area, from the existing streets adjoining the Property, over the existing drives, walkways and parking areas located on the Property, for purposes connected with any right under this Agreement or the performance of any obligations required by this Agreement. 5. Facility Inspections by the City. At reasonable times, after not less than forty-eight(48) hours' prior written notice, except in the event of an immediate threat to public health and safety in which case no prior notice shall be required, and in a reasonable manner as provided in the Ordinance,the City, its agents, employees, contractors, and consultants shall have the right of ingress and egress to the Stormwater Facilities Area for the purpose of inspecting the Facilities to ensure that the Facilities are being properly maintained, are continuing to perform in an adequate manner(as reasonably determined by the City Engineer or his or her designee), and are in compliance with the Ordinance,the SWMP and any amendments thereto approved by the City and all other applicable laws. 6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor permit to be erected, any building or structure of any kind within the Stormwater Facilities Area, nor shall Covenantor fill or excavate within the Stormwater Facilities Area without City's prior written consent which shall not be unreasonably withheld, but may be conditioned upon such requirements as City Engineer determines are reasonably necessary or desirable to ensure proper functioning of the Facilities. 7. Default and Remedies. If following delivery of written notice from City and the expiration of a thirty(30) day cure period (except in the event of an immediate threat to public health and safety in which case Covenantor shall commence and complete corrective action as soon as possible following receipt of notice from the City), Covenantor fails to correct any defect in the Facilities in accordance with the approved design standards,the SWMP, the Ordinance, and all other applicable state, federal, and local laws,rules, and regulations, or Covenantor otherwise fails to comply with the maintenance and repair obligations set forth in the SWMP and this Agreement,the City shall have the right upon delivery of forty-eight (48)hours' prior written notice(except in the event of an immediate threat to public health and safety in which case no notice shall be required)to enter the Stormwater Facilities Area for the purposes of -3- maintaining and repairing the Facilities at Covenantor's expense, and Covenantor shall be obligated to reimburse City for the cost of all such work, including, without limitation,the cost of City staff time, within thirty (30)days following City's delivery of an invoice therefor, together with documentation of City's costs and expenses incurred in connection with the performance of such work. If such costs are not paid within the prescribed time period,the City may assess Covenantor the cost of the work, and said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. In addition to the foregoing,the City may pursue any other remedies provided under law or in equity, including without limitation, ex parte applications for temporary restraining orders, preliminary injunctions and permanent injunctions enjoining any such violation or attempted violation or default, an order for specific performance, civil and criminal penalties, and the remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the Ordinance. All such remedies shall be cumulative and not alternative. 8. Indemnity. To the fullest extent allowed by law, Covenantor shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, officials, agents, employees, servants, consultants and volunteers (hereinafter, "Indemnitees") from and against any liability, loss, damage, expense, and cost(including reasonable legal fees and costs of litigation or arbitration), resulting from injury to or death of any person, damage to property, or liability for other claims, stop notices, demands, causes of actions and actions, arising out of or in any way related to the ownership, operation,use of the area, maintenance, or failure to maintain,the Facilities, or the Covenantor's performance or nonperformance of his/her duties under this Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents, employees, contractors, or subcontractors. Covenantor shall, at his/her own cost and expense, defend any and all claims, actions, suits or legal proceedings that may be brought against the City or any of the Indemnitees (with council acceptable to City) in connection with this Agreement or arising out of Covenantor's performance or nonperformance of his/her duties and obligations hereunder, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 9. Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above shall be solely responsible for the performance of the obligations required under this Agreement and for the payment of any and all fees, fines, and penalties associated with such performance or failure to perform under this Agreement. Notwithstanding any provisions of this Agreement to the contrary, upon the recordation of a deed or other instrument of sale,transfer or other conveyance of fee simple title to the Property or any portion thereof(a"Transfer")to a third party,the Covenantor shall be released of its obligations and responsibilities under this { Agreement accruing after the date of such Transfer to the extent such obligations and responsibilities are applicable to that portion of the Property included in such Transfer. 10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the Property or any part thereof by the Covenantor to subsequent owners and assigns. i 11. Termination and Release of Agreement. In the event that the City determines, in the -4- I exercise of its sole discretion, at any future time that the Facilities are no longer required, then it promptly shall so notify the Covenantor or its successors and/or assigns in writing, and at the written request of the Covenantor,the City shall execute a termination and release of this Agreement which the Covenantor shall cause to be recorded in the Official Records at Covenantor's sole expense. 12. Miscellaneous. 12.1 Notices. Except as otherwise specified herein, all notices, demands, requests or approvals to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: (a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; (c) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (d) postage prepaid registered or certified mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. City: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: Public Works Director With copy to: City of Cupertino 10300 Torre Ave 1 Cupertino CA 95014 Attention: City Attorney Covenantor: PCG Cupertino LLC 133 Penn Street El Segundo, CA 90245 Attention: Mark Harrigian 12.2 Attorneys' Fees. In the event that either Party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach hereof,the prevailing Party in such action or arbitration shall be entitled to reasonable -5- i attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 12.3 Governing Law, Venue. This Agreement shall, in all respects, be governed, construed, applied, and enforced in accordance with the laws of the State of California without reference to its choice of laws provisions. Any dispute related to the interpretation or enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara County, California. 12.4 Further Assurances. City and Covenantor shall each execute, acknowledge and I deliver to the other such other documents and instruments, and take such other actions, as either I shall reasonably request as may be necessary to fully effectuate the terms and provisions of this I Agreement. 12.5 Entire Agreement. This Agreement,together with the SWMP, constitutes the entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior written or oral agreements with respect thereto. 12.6 Severability. In the event any part or provision of this Agreement shall be { determined to be invalid or unenforceable under the laws of the State of California,the remaining portions of this Agreement that can be separated from the invalid or, unenforceable provisions shall, nevertheless, continue in full force and effect. 12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Covenantor of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. { 12.8 Recordation,Amendments. City, at Covenantor's expense, shall cause this Agreement to be recorded in the Official Records of Santa Clara County, California("Official Records")promptly following execution hereof. This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in the Official Records. i 12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees j or agents shall be deemed to be agents of City in connection with the performance of Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. City neither undertakes nor assumes any responsibility or duty to Covenantor(except as expressly provided in this Agreement)or to any third party with respect to the Facilities. -6- I 12.10 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. This Agreement is the product of negotiation between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Cupertino shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed,to such other provisions as may thereafter govern the same subject. The recitals above and exhibits attached hereto are a substantive part of this Agreement and are hereby incorporated herein. 12.11 Permits and Licenses; Compliance with Law. Covenantor, at its expense, shall comply with all applicable legal requirements, including all federal, state, and local laws and regulations (including City ordinances, regulations and resolutions, and requirements of other agencies with jurisdiction), whether or not said laws or regulations are expressly stated in this Agreement, and obtain and maintain all necessary permits and licenses required in order to own, operate and maintain the Facilities. 12.12 Liens. Covenantor shall pay,when due, all persons furnishing labor or materials in connection with any work to be performed by or on behalf of Covenantor related to the Facilities, and shall keep City's interests in the Stormwater Facilities Area free and clear of any related mechanics' liens. 12.13 Joint and Several Liability. If Covenantor consists of more than one person or entity,the obligations of such persons and entities shall be joint and several. 12.14 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original,and all of which taken together shall constitute one and the same instrument. SIGNATURES ON FOLLOWING PAGES) -7- i IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COVENANTOR: PCG Cupertino LLC], a California limited liability company By: 0-k'( ( L �— Mark Harrigian Principal &Authorized Signatory (Notary acknowledgment to be attached) CITY: CITY OF CUPERTIINO, a municipal corporation By: 4� Roger L Acting Public Works Director (Notary acknowledgment to be attached) 1 ATTEST: a Grace Schmidt City Clerk I APPROVED AS TO FORM: i Heather M. Minner Cupertino City Attorney -8- "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated June 4, 2019 from PCG Cupertino LLC, a California limited liability company to the City of Cupertino, a municipal corporation, is hereby accepted by the undersigned on behalf of the City Council of the City of Cupertino pursuant to authority conferred by Resolution No. 11-175 of the City Council adopted on October 4, 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: �, ,, ��� �� 2019 By: Roger iZe Acting Public Works Director i i Exhibit A PROPERTY EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: PARCEL I AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 23, 1,990 IN BOOK 613,OF MAPS,PAGE(S) 7 AND 8. .PARCEL TWO: EASEMENT FOR THE PURPOSES OF THE ERECTION AND MAINTENANCE ON THE FOLLOWING DESCRIBED PARCEL OF LAND A SIGN OR SIGNS ADVERTISING THE COMMERCIAL ACTIVITIES CARRIED ON UPON THE ABOVE DESCRIBED PARCEL OF LAND, AS FOLLOWS: BEGINNING AT A POINT N THE SOUTHERLY LINE OF PARK AVENUE,AS SAID LINE WAS ESTABLISHED BY DEED FROM ANTON SAICH ET AL,TO CITY OF CUPERTNO, A MUNICIPAL CORPORATION, DATED OCTOBER 26, 1961 RECORDED NOVEMBER 2, 1961 N BOOK 5350 OFFICIAL RECORDS, PAGE 740,SANTA CLARA COUNTY RECORDS,DISTANT THEREON NORTH 89° 56' 55"EAST 707..59 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE EASTERLY LINE OF THAT CERTAIN 10.51 ACRE TRACT OF LAND DESCRIBED N THE DEED FROM ANTON SAICH ET AL,TO LUCKY STORES,INC.,A CORPORATION, DATED OCTOBER 27, 1961,RECORDED NOVEMBER 3, 1961 N BOOK 5352 OFFICIAL RECORDS,PAGE 466, SANTA CLARA COUNTY RECORDS;THENCE FROM SAID PONT OF BEGINNING SOUTH 00 06'43"EAST 30.00 FEET;THENCE NORTH 89'56`55"EAST 38.00 FEET TO THE POINT OF INTERSECTION THEREOF WITH THE-WESTERLY LINE OF SARATOGA-SUNNYVALE ROAD, AS SAID LINE WAS ESTABLISHED BY DEED TO SAID CITY OF CUPERTNO ABOVE REFERRED TO;THENCE NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT, FROM A TANGENT BEARING NORTH 00 06'48" WEST WITH A RADIUS OF 30.00 FEET,THROUGH A CENTRAL ANGLE OF 89° 56' 17", FOR AN ARC DISTANCE OF 47:09 FEET TO A POINT N THE SAID SOUTHERLY LINE OF PARK AVENUE;THENCE SOUTH 89'56' 55"'WEST ALONG SAID LAST MENTIONED LINE 8.00 FEET TO THE POINT OF BEGINNING,AS SURVEYED N JUKE, 1962 BY PACIFIC ENGINEERS,CIVIL ENGINEERS AND SURVEYORS, PALO ALTO,CALIFORNIA. AS GRANTED BY ANTON SAICH AND JOHN SAICH,MARRIED MEN,TO LUCKY STORES INC.,A CALIFORNIA CORPORATION BY INSTRUMENT DATED 7, 1961 RECORDED NOVEMBER 3, 1961 IN BOOK 5352 OFFICIAL RECORDS, PAGE 468. PARCEL THREE: RIGHTS AND EASEMENTS,CONTAINED N THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS RECORDED APRIL 23, 1.490 AS BOOK L329,PAGE 1699, OFFICIAL RECORDS AND CONSENT AND AMENDMENT TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS RECORDED MAY 28,2004 AS. DOCUMENT NO. 17816208,OFFICIAL RECORDS. EXCEPTING FROM PARCEL THREE.ANY SUCH RIGHTS AND EASEMENTS LOCATED ON PARCEL ONE, ABOVE. Exhibit B STORMWATER FACILITIES AREA DATE: 02/18/2019 STORMWATER FACILITIES AREA (EXHIBIT B) 20745 STEVENS CREEK BLVD CUPERTINO CA, 95014 APN: 326-32-055 FEBRUARY 2019 _ ru ALVES DRIVE .. ....... ... . .. .. ... ... . . ............::. •:: ...... ... ...... STORMWATER TREATMENT r;- C FACILITY STORMWATER TREATMENT E=l FACILITY ::. STORMWATER QI �; � !' I TREATMENT FACILITY _el� 3f� EXISTING TARGET BUILDING OIL- LEGEND NORTH I APPROXIMATE MAINTENANCE AREA GRAPHIC SCALE IN FEET 0 40 80 160 Kimley*Horn Exhibit C FORM OF MAINTENANCE INSPECTION REPORT i Flow-Through Planter Maintenance Plan for Target-0323 Cupertino, CA February 2019 Project Address and Cross Streets: 20745 Stevens Creek Boulevard, Cupertino, CA Assessor's Parcel No.: 326-32-055 Property Owner: PCG Cupertino LLC Phone No.: Designated Contact: Mark Harrigian Phone No.: (310) —807-3371 Mailing Address: 133 Penn Street, El Segundo, CA 90245 The property contains three (3) Flow-Through Planter(s), located as described below and as shown in the attached site plan'. Flow-Through Planter No.1, 2 and 3 are located on the eastern side of the Target building in the parking area. I. Routine Maintenance Activities The principal maintenance objectives are to ensure that water flows unimpeded into the flow-through planter and landscaping remains attractive in appearance. Table 1 shows the routine maintenance activities, and the frequency at which they will be conducted. Table 1 Routine Maintenance Activities for Flow-Through Planters No. Maintenance Task Frequency of Task 1 Inspect the planter surface area, inlets and outlets for obstructions and Quarterly trash; clear any obstructions and remove trash. 2 Inspect planter for standing water. If standing water does not drain within Quarterly 2-3 days,the surface biotreatment soil should be tilled or replaced with the approved soil mix and replanted. Use the cleanout riser to clear any underdrains of obstructions or clogging material. 3 Check for eroded or settled biotreatment soil media. Level soil with rake Quarterly and remove/replant vegetation as necessary. 4 Maintain the vegetation and irrigation system. Prune and weed to keep Quarterly flow-through planter neat and orderly in appearance. 5 Evaluate health and density of vegetation. Remove and replace all dead Annually, before the rainy and diseased vegetation. Remove excessive growth of plants that are too season begins close together. 6 Use compost and other natural soil amendments and fertilizers instead of Annually, before the rainy synthetic fertilizers, especially if the system uses an underdrain. season begins 7 Inspect the overflow pipe to make sure that it can safely convey excess Annually, before the rainy flows to a storm drain. Repair or replace any damaged or disconnected season begins piping. Use the cleanout riser to clear underdrains of obstructions or clogging material. 8 Inspect the energy dissipater at the inlet to ensure it is functioning Annually, before the rainy adequately, and that there is no scour of the surface mulch. Remove any season begins accumulation of sediment. 9 Inspect and, if needed, replace wood mulch. It is recommended that 2"to Annually, before the rainy 3"of composted arbor mulch be applied once a year. season begins 10 Inspect system for erosion of biotreatment soil media, loss of mulch, Annually at the end of the rainy standing water, clogged overflows, weeds, trash and dead plants. If using season and/or after large storm rock mulch, check for 3"of coverage. events, Attached site plan must match the site plan exhibit to Maintenance Agreement. Page 1 Flow-Through Planter Maintenance Plan Date of Inspection.- Property Address: 20745 Stevens Creek Blvd., Cupertino, CA Treatment Measure No.: 11 Inspect system for structural integrity of walls, flow spreaders, energy Annually at the end of the rainy dissipators, curb cuts, outlets and flow splitters. season and/or after large storm events, H. Use of Pesticides Do not use pesticides or other chemical applications to treat diseased plants, control weeds or removed unwanted growth. Employ non-chemical controls (biological, physical and cultural controls) to treat a pest problem. Prune plants properly and at the appropriate time of year. Provide adequate irrigation for landscape plants. Do not over water. III. Vector Control Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vector Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the District, and then only by a licensed professional or contractor. Contact information for the District is provided below. Santa Clara Valley Vector Control District 1580 Berger Dr. San Jose, California 95112 Phone: (408) 918-4770 /(800) 675-1155 - Fax: (408) 298-6356 www.scc-gov.or.q/portal/site/vector IV. Inspections The attached Flow-Through Planter Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted. Page 2 > N ° O � O U (p C C C q-- M o En .° N N w U as U a C CO ca 01 a) E c •C o) o a) 0 _ cmo a) r- E _0 ac m >> c a0 Cn 0-0 a -0 O O L T 0.0) O T a) > > a) a. a) M a c c m O > `0 L) N a) O C ° V C 'O C 0 a) y w c a) 4) a) L C 0 C En O CO a C.0 U a) M U 0) m _ a X r .� C O C a) O a).0 C C N� alp U W W C ca 2 a>i 0�0._ co 0 7 a) a� 0 0 -o � n �+ _ r- `0 mcmi � `� a a) a) � �° a� 3 @ �' m = a) �° 0 Nw0 .c a) > �' m �;�°- � > of u, U) c ma •- �� UC 00c c > Ito -14 c y 'ca a) M =0 0-0a)— �� � E� co MQ pc a) a) MM am) >.� cgcnm �c� C/) M `o drn 0o O° UQ T m n a) 3 a) a) L a) c L � a) U O a7 a) j- U c 7 r c m a) CJQO MC-0 cF-1 77cu c � 3 cn C E .0 as Cl) Y .n o 3 d n cco L co p °c L O U `� ` m .+ . 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C C O 7 T a) O ,,,,, m 0 E C) in c cE v-°c a) a) y C O 0 a) C U O O L > O U o co a) Q a > cn cn M Q U 0 M O cn v) 0 a) U) N ('7 V' to (6 N 06 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 a 1 County of �( lG c Lac 0, J} On )JV-2_ Q0 , C/")G before me, L(tvy-,,\ c )r!i e dG✓ Date Here Insert Nam and nTitle of the Officer personally appeared Name(s)of Signer(s) 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 *My LAUREN S IUDAR paragraph is true and correct. Notary Public-California Santa Clara CountyWITNESS my hand and official seal. Commission#2247155 Comm.Expire;Jun 22,2022 Signatur Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named 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 of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association (CALIFORNIA ONLY) 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 L-o to ) On O A A 22 Aci 2D before me, A,-4&y p•, 5�,tu.c ��y►vy� ��o (insert name and title of the officer) personally appeared VI who proved to me on the basis of satisfactory evidence to be the perso whose name) is are c a subsbed to the within instrument and acknowledged to me that he he/they executed the same in is er/their authorized capacity( s), and that b his her/their signaturei;4on the instrument the person , or the entity upon behalf of which the person§ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AMBER HOBBS POSSEMATO WITNESS m hand and official seal. < Notary Public -California y Los Angeles County Z = Commission#2151855 My Comm.Expire May 2,2020 Signature ��, 1/'� (Seal)