17-054 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, 10813 N. Wolfe Rd APN 316-05-050, 316-05-051, 316-05-052, 316-05-053, 316-05-056, Cupertino Village, LP, a Delaware limited paRECORDING REQUESTED BY :
City of Cupertino
WHEN RECORD ED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
23642025
Regina Alcomendras
Santa Clara County -Clerk-Recorder
05/08/2017 10:17 AM
Till es: 1
Fees : 10 .00 Taxes: 0
Total : 0.00
Pages: 25
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
STORMW ATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE, AND EASEMENT AGREEMENT
Cupertino Village, LP, a Delaware limited partnership
APN 316-05-050, 316-05-051, 316-05-052, 316-05-053, 316-05-056
~ Original
D For Fast Endorsement
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27383 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated April 10, 2017, from
Cupertino Village, LP, a Delaware limited partnership
to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public
Works Director, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: May 2, 2017
By: ~ Lauren Sapudar
Senior Office Assistant
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk 's Office
10300 Torre Avenue
Cupe1iino , CA 95014-3202
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §6103
Space above this line for Recorder 's use.
STORMW ATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
10813 N. Wolfe Road, Cupertino, CA 95014
APN 316-05-050, 316-05-051, 316-05-052, 316-05-053 & 316-05-056
This STORMW ATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE
AND ASEMENT AGREEMENT ("Agreement") is made and entered into this l()_,j,... day of
(\ , 20J.1, by Cupertino Village, LP, a Delaware limited partnership ("Covenantor")
an the City of Cupe1iino, 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 authmized and required to regulate and control the disposition of sto1m and
surface waters as set fo1ih in the City 's Stmmwater Pollution Prevention and Watershed
Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as cmTently 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's 316-
05-056, 316-05-50 , 316-05-51 , 316-05-52 , and 316-05-53 and more pmiicularly described
in Exhibit A attached hereto ("Property").
C. The Covenantor desires to constmct ce1iain improvements on the Prope1iy that may alter
existing stomnvater conditions on both the Property and adjacent lands .
D . To minin1ize adverse impacts due to these anticipated changes in existing stonn and
surface water flow conditions, the Covenantor is required by the City to build and maintain, at
Covenantor's expense; stonnwater management and trash capture facilities ("_Facilities") as
more pmiicularly desc1ibed and shown in the Sto1mwater Management Plan Cupe1iino Village
Redevelopment Phase 3 prepared by Brio Engineering Associates, Inc. and dated July 29. 2016 ,
which plan, together with any and all amendments , including future amendments , thereto
(collectively, the "SWMP"), are on file with the Public 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:
I. 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 prope1ty 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.
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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 w ritten authorization
b y the City Engineer or his o r her designee.
4. Grant of Easement. Covenantor hereby grants to City a nonexclusive , perpetual ingress ,
egress, access and maintenance easement ("Easement") over the easement area as depicted and
described in Exhibit B attached hereto and incorporated herein ("Easement Area ") for the
purpose of permitting the City, and its employees, agents, contractors, consultants, to inspect,
monitor, maintain, repair and replace the Facilities .
5. Facility Inspections by the City. At reasonable times , after not Jess 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 Easement Area for the purpose of inspecting the Facilities to ensure
that the Facilities are being properl y maintained , are continuing to perform in an adequate
manner (as reasonably determined by the City Enginee r or his or her designee), and are in
compliance with the Ordinance, the SWMP and an y 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 Easement Area, nor shall Covenantor
fill or e x cavate within th e Easement Area without City's prior written consent w hich shall not be
unreasonably withheld, but may be conditioned upon such requirements as City Engineer
determines are reasonabl y 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 compl y with the maintenance and repair obligations set forth in the SWMP and
this Agreement, the City shall have the right upon delivery of fort y -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 Easement Area for the purposes of 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 th e prescribed tim e period , the City may assess Covenantor the cost of
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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. The Covenantor shall defend , indemnify, and hold the City and its elected
and appointed officers, officials, employees, agents , representatives, contractors, vendors and
consultants (all of the foregoing, the "Indemnitees") harmless from and against any and all
claims, demands , liabilities , losses, actions, causes of action, suits , judicial or administrative
proceedings, damages for personal injury, bodily injury, death and property damage, costs and
expenses, including without limitation reasonable attorneys ' fees, arbitration fees or costs , and
court costs, penalties, deficiencies, fines, orders , and damages (all of the foregoing , "Claims"),
arising out of or related to , or alleged to arise out of or be related to, the ownership, operation ,
use of the Property or the construction , operation, maintenance, or failure to maintain, the
Facilities, except to the extent that any such Claim arises from the gross negligence or willful
misconduct of the City or any Indemnitee. Notwithstanding the foregoing sentence, Covenantor
shall be required to defend City and the Indemnitees against any and all Claims , regardless of the
extent to which (or if at all) City or any Indemnitee has contributed or is alleged or found to have
caused or contributed to such Claims. Covenantor's indemnity obligations shall apply regardless
of whether any City insurance policies, self-insurance or joint self-insurance has been
determined to be applicable to such Claims and regardless of whether or not City has prepared ,
supplied or approved of plans and specifications for the construction, installation , maintenance,
repair or replacement of the Facilities.
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 .
11. Termination and Release of Agreement. In the event that the City determines , in the
exercise of its sole discretion , at any future time that the Facilities are no longer required , then it
promptl y shall so notify the Covenanter or its successors and/or assigns in writing, and at the
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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
Cupertino CA 95014
Attention: City Attorney
Covenantor:
Cupertino Village, LP
23 Mauchly, Suite I 00,
Irvine , CA 92618
Attention: l<-£N·M S v\l\d::h
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
attorneys ' or arbitrators' fees in addition to all other recoverable costs , expenses and damages.
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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
deliver to the other such other documents and instruments , and take such other actions, as either
shall reasonably request as may be necessary to fully effectuate the terms and provisions of this
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.
12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees
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.
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
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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 Easement 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 FOLLOWIN G PAGE(S)
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
ATTEST:
[?4 ~~ f?, c Grace Schmidt, cityerk
APPROVED AS TO FORM:
' Ran~m-, C-1-.ty-A-tto_r_n-ey
(Notary acknowledgment to be attached)
CITY:
CITY OF CUPERTINO, a municipal corporation
By:~~
Timm 13orden
Director of Public Works
(Notary acknowledgment to be attached)
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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 San Diego
On April 10, 2017 before me, Nicole Clark, Notary Public
(insert name and title of the officer)
personally appeared _K_e_v_i_n_S_m_it_h _____________________ _
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 PENAL TY 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 ry\ eJ..tLU1L (Seal)
CALIFORNIA ALL-PURPOSE
C ERTIFICATE OF A C KN OW LE DGMENT
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 }
Countyof ~~ ~ }
J~A !L,N'?'T No~~
(Here insert name lmd title of th e officer) V
On ~I&, 2-D11-before me,
personally appeared ____ J\_l,U..,IAJ.._ ___ ~---'--"-cU_V]~---------'
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 h is/her/their authori zed 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 in st rument.
I certify under PE NAL TY OF PERJURY under the laws of t he State of California that
the foregoing paragraph is t rue and co r rec t.
WITNESS my hand and official seal.
Nota ~ ~u,~ Wb J--(Nota ry P ub lic Seal)
. .
T T
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL IN FORMATION This form complies ll'ith current Californ ia statutes regarding nota,y ll'ording and,
DESCRI PT ION OF THE A~TACHED DOC UM E · .. A , , if needed, should be completed and al/ached to th e doc11111e11/. Ackn owledgments
~ ~ . , __ • !'... LJ r o111 oth er s tates may be comple ted for documenrs being sen/ lo thar state so long mZ , l ·•. . .I • U r, ~ IJ ,...A ~ ... • ;!~ ivordin g does not require rh e California 110/a1y to violate California notmy
D ~, ~ --... ~ m\11 .
(Title or description of attached docum.en9 , ,. • State and County infonnation must be the State and County where th e d oc ume nt
l O ~ I 3 N w4 If& ., ~ . s ig ner(s) p ersona ll y appeared before th e notaiy p ubli c for acknowledgment.
-• Dat e o f nota 1i zation mu st be the dat e that the s ig ner(s) persona ll y appeared whic h
(Title or de scription of attached document cont in ued)
Number of Pages "2..,/ Docume nt Date
CAPACITY CLAIMED BY THE SIGNER
~ In di vidual (s)
D Corporate Offi ce r
(Title )
D Partner(s)
D Attorne y-in-F act
o T rustee(s)
0 Othe r _________ _
2015 Version www.NotaryCiasses.com 800-873-9865
mu st a lso be th e sa me date the ac kno wledgment is comp leted.
• The nota1y public mu st ptint hi s or her name as it appears within hi s o r her
co mmi ss ion followed by a conrn1a a nd th en your titl e (nota1y pub lic).
• Print th e nam e(s) of do cument s ig ner(s) who perso na ll y appear at the time of
nota 1i zati on .
• Indi cate th e coITect s in g ular or plural fonns by cross in g off in co1rnc t fonns (i.e.
lle/s he/they, is /are) or c ircling th e cotTect fonns . Fa ilure to co tTec tl y indi ca te this
infonnation may lea d to rej ec tion of doc um ent recording.
• T he nota ty sea l impress ion mu st be c lea r and ph oto gra phicall y reproduc ib le.
Impress io n mu st not cover tex t or lin es. If seal impress ion smud ges, re-sea l if a
suffi c ient area pennits, o th erwi se co mpl ete a different acknowl edgment fo nn .
• S ig nat ure of the nota1y public mu st matc h th e s ig nature on fil e with th e office of
th e co unty c lerk .
•,• Additiona l infonnati on is not required but cou ld he lp to ensure thi s
acknow ledgment is not mi sused or attached to a different document.
•:• Indi ca te titl e or type of attached document, number of pages a nd date.
•:• Indi cate the capacity claimed by th e s ig ner. If th e c laimed capacity is a
co rp ora te officer, indi ca te th e titl e (i.e. CEO, CFO , Secreta1y).
• Securely attac h thi s do cum en t to the s ig ned document with a sta pl e.
The land referred to In this policy Is described as follows :
Re.ii property In the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
BEGINNING AT A GRANITE MONUMENT AT THE lNTERSECT!ON OF THE ORIGlNAL CENTER
LINE OF HOMESTEAD ROAD, '10 FEET WIDE, WITH THE CENTER LINE OF WOLFE ROAD, AS
SHOWN ON THE MAP OF TRACT NO. 1906 VERDE GARDENS UNIT NO. 2, ON FILE IN BOOK 98
OF MAPS, PAGE 36, SANTA CLARA COUNTY RECORDS; THENCE S. oo 35' '15" W., ALONG THE
CENTER LINE OF WOLFE ROAD, 978.66 FEET; THENCE LEAVING SAID CENTER LINES . 89° 24'
02" W. 54 .01 FEET TO THE TRUE PO[NT OF BEGINNING OF THIS DESCRIPTION; THENCE
CONTINUING S. 89° 24' 02" W. 563.10 TO THE EASTERLY LINE OF LINNET U>.NE, FORMERLY
BECKER LANE; TrlENCE N. oo 17' 22" W., ALONG THE EASTERLY LINE OF LINNET LANE, 631.72
FEET TO THE SOUTHWESTERLY CORNER OF THE 1.62 ACRE PARCEL OF LAND CONVEYED TO
CALIFORNIA CONFERENCE EVANGELICAL UNITED BRETHREN CHURCH, BY DEED RECORDED
JULY 22, 1958 IN BOOK 4129 OF OFFIOAL RECORDS, PAGE 1, SANTA CLARA COUNTY
RECORDS; THENCE N. 89° 24 ' 02" E., ALONG THE SOUTHERLY LINE OF SAlD 1.62 ACRE
PARCEL OF LAND 10'1.09 FEET TO THE WESTERLY CORNER OF THE PARCEL OF LAND
CONVEYED TO VALLCO PARK, A CORPORATION, BY DEED RECORDED MARCH 23, 1966 IN
BOOK 7321 OF OFFICIAL RECORDS, PAGE 334, SANTA CL.ARA COUNTY RECORDS; THl::NCE N.
,i40 33' 19" E., ALONG THE NORTHWESTERLY LINE OF SAID U>.ST MENTIONED PARCEL OF
LAND AND ITS NORTHEASTERLY PROLONGATION 164.49 FEET; THENCE N, oo 17' 22" W.,
ALONG THE EASTERLY LINE OF THE STRIP OF LAND CONVEYED TO THE GOOD SAMARITAN
CHURCH EVANGEUCAL UNITED BRETHREN, BY DEED RECORDED MARCH 23, 1966 IN BOOK
7321, PAGE 337 OF OFFICIAL RECORDS, SANTA CLARA COUNTY, 187.74 FEET TO THE
SOUTHERLY LINE OF HOMESTEAD ROAD, AS ESTABLISHED BY THE DEDICATION m cm OF
CUPERTINO, RECORDED APRIL 11, 1966 IN BOOK 7343, PAGE 76, SANTA CU.RA COUNTY
RECORDS; THENCE N. 89° 2'1' 02" E., ALONG SAID SOUTHERLY LINE OF HOMESTEAD ROAD
176.18 FEET; THENCE S. 0° 35' 45" W. LEAVING HOMESTEAD ROAD, 70 FEET; THENCE S. ,i50
CO' OB" E. 155.70 FEET; THENCE N. 890 24' 02" E. 70 FEET; THENCE S. oo 35' '15" W. 754.39
FEET TO THE TRUE POINT OF BEGlNNING, BEING A PORTION OF THE QUITO RANCHO .
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF
CUPERTINO FOR PUBLIC ROADWAY PURPOSES BY INSTRUMENT RECORDED ON AUGUST 13,
1976 IN BOOK C212, PAGE 733 OF OFFICIAL RECORDS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE MONUMENT LINES OF WOLFE ROAD AND
HOMESTEAD ROAD, AS SAID MONUMENT UNES ARE SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 2'14 OF MAPS, AT PAGE 51, SANTA CL.ARA COUNTY RECORDS.
THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, S. 0° 35' 45" W. 230.08 FEET;
THENCE LEAVING SAID LINE N. 89° 2'1' 15" W. 54 .00 FEET TO A POINT IN THE WESTERLY LINE
OF WOLFE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY LINEN oo 35' 45" E. 12'1.68 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET THROUGH
A CENTRAL ANGLE OF 910 11' 43", AN ARC LENGTH OF 95.50 FEET;
THENCE ALONG THE SOUTHERLY LlNE OF HOMESTEAD ROAD, S. 89° 24' 02" W. 205.83 FEET
TO A POINT OF CUSP;
THENCE LEAVING SAID SOUTHERLY UNE EASTERLY ALONG A TANGENT CURVE TO THE RIGHT,
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF
130 50' 44'', AN ARC LENGTH OF 19.33 FEET;
THENCE TANGENT TO SAID CURVES. 760 45' 14" E. 22.36 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THROUGH
A CENTRAL ANGLE OF 13° 50' 44", AN ARC LENGTH OF 19.33 FEET;
THENCE PARALLEL TO SAID SOUTHERLY LINEN. 390 24' 02" E. 147.7'1 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 54.00 FEET
THROUGH A CENTRAL ANGLE OF 91 o 11' 43", AN ARC LENGTH OF 85.95 FEET TO A POINT OF
NON-TANGENCY;
THENCE S. 10 18' 12" E. 120 .79 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL TWO:
A NONEXCLUSIVE EASEMENT FOR THE BENEFIT OF AND APPURTENANT TO THE ABOVE
DESCRIBED PARCEL ONE, FOR VEHICULAR AND PEDESTRIAN ACCESS, EGRESS AND INGRESS
AS WELL AS FOR INSTALLATION AND MAINTENANCE OF UTILffiES AND DRAINAGE FACILmES
OVER THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF PARCEL A AS DEFINED IN THE PARCEL
MAP RECORDED IN BOOK 386 OF MAPS, AT PAGE 34, RECORDS OF SANTA CLARA COUNTY,
DISTANT THEREON S. 89° 24' 02'' W. 232.54 FEET FROM THE NORTHEAST CORNER OF SAID
PARCEL;
THENCE S. 89° 24' 02" W., ALONG SAID LINE 31.01 FEET;
THENCE LEAVING SAID LINES. 0° 35' 45" W. 27'1.99 FEET TO A POINT IN THE GENERAL
SOUTHERLY LINE OF SAID PARCEL, SAID POINT BEING DISTANT S. 89° 24' 15" E. 9.51 FEET
FROM AN ANGLE POINT IN SAID LINE;
THENCE ALONG SAID LINES. 89° 24 ' 15" E. 36 .13 FEET, TO A POINT ON A 24.50 FOOT RADIUS
CURVE, THE RADIUS POINT OF WHICH BEARS N. 52° 51' 09" E., FROM THIS POINT;
THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT CONCAVE TO THE NORTHEAST,
THROUGH A CENTRAL ANGLE OF 37° 44' 36" FOR AN ARC LENGTI-1 OF 16.14 FEET;
THENCE N. 0° 35' 45" E. 260.64 FEET TO THE POINT OF BEGINNING.
PARCEL THREE:
BEING A PORTION OF PARCEL A, AS SHOWN ON 11-lAT CERTAIN MAP FILED FOR RECORD lN
MAP BOOK 406, PAGE 27, SANTA CLARA COUN1Y RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT TI-IE NORTHEASTERLY CORNER OF SAID PARCEL A;
THENCE ALONG 11-lE EASTERLY AND SOUTHERLY LINES OF SAID PARCEL A, THE FOLLOWING
FOUR COURSES;
SOUTH 0° 35' 45" WEST, 229.24 FEET; SOUTHWESTERLY ALONG A TANGENT CURVE TO THE
RIGHT WITH A RADlUS OF 37.50 FEET THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN
ARC LENGTH OF 58,90 FEET; SOUTH 0° 35' 45" WEST, 13. 75 FEET; AND NORTH 89° 24' 15''
WEST, 235.50 FEET TO AN INTERIOR CORNER OF SAID PARCEL A;
THENCE NORTH 0° 35' 45" EAST 274.79 FEET TO THE NORTHERLY LINE OF SAID PARCEL A;
TI-IENCE NORTH 89° 24' 02" EAST, 273.06 FEET ALONG SAID NORTHERLY LINE TO THE TRUE
POINT OF BEGINNING.
PARCEL FOUR:
BEGINNING AT A GRANITT MONUMENT AT 11-lE INTERSECTION OF THE ORIGINAL CENTER
LINE OF HOMESTEAD ROAD 40 FEET WIDE, WITH THE CENTER LINE OF WOLFE ROAD AS
SHOWN ON THE MAP OF TRACT NO. 1906, VERDE GARDENS UNIT N0.2 ON FILE IN BOOK 98
Of MAPS, PAGE 36, SANTA CLARA COUNTY RECORDS; THEl~CE S. 0° 35' 45'' W., ALONG THE
CENTER LINE OF WOFE ROAD, 224.27 FEET; THENCE LEAVING SAID CENTER LINE AND
RUNNINGS. 89° 24' 02" W. 54.01 FEcf TO rHE SOUTHEAST CORNER OF THE PARCEL TO BE
DESCRIBED AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE RUNNING
S. 89° 24' 02" W. 70 .00 FEET; THENCE N. LJ5° 00' 08" W. 155.70 FEET; THENCE N. 0° 35' 45" E.
70.00 FEET TO A POINT IN THE SOUTHERLY LINE OF HOMESTEAD ROAD; THENCE RUNN£NG
ALONG SAID LAST NAMED LINE N. 89° 24' 02" E. 120.00 FEET; THENCE ON lliE ARC OF A
CURVE TO THE RIGHT, WITH A RADIUS OF 60 FEET, THROUGH A CENTRAL ANGLE OF 91° 11'
43" FOR AN ARC DISTANCE OF 95.50 FEET; THENCE RUNNINGS. 0° 35' 45" W. 120.00 FEET TO
THE TRUE POINT OF BEGINNING, AND BEING A PORTION OF THE QUITO RANCHO .
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO THE CITY FOR
CUPERTINO FOR PUBLIC ROADWAY PURPOSES BY INSTRUMENT RECORDED ON AUGUST 13,
1976 IN BOOK C 212, PAGE 733 OF OFFICIAL RECORDS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE MONUMENT LINE OF WOLFE ROAD AND
HOMESTEAD ROAD, AS SArD MONUMENT LINES ARE SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 2'14 OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS.
THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, S. 0° 35 ' 45" W. 230.08 FEET;
THENCE LEAVING SAID LINEN. 89° 24' 15" W. 54 .00 FEET TO A POINT IN THE WESTERLY LINE
OF WOLFE ROAD, SAID POINT BEING THE TRUE POINT OF BEGrNNING;
THENCE ALONG SAID WESTERLY LINEN, 0° 35' ~5" E. 124 .68 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET THROUGH
A CENTRAL ANGLE OF 91 ° 11' 43", AN ARC LENGTH OF 95.50 FEET;
THENCE ALONG THE SOUTHERLY LINE OF HOMESTEAD ROAD, S, 89° 24' 02" W. 205.83 FEET
TO A POINT OF CUSP;
THENCE LEAVING SAID SOUTHERLY LrnE EASTERLY ALONG A TANGENT CURVE TO THE RIGHT,
CONCAVE TO THE SOUTH, HAVING A RADfUS OF 80,00 FEET THROUGH A CENTRAL ANGLE OF
13° 50' 44", AN ARC LENGTH OF 19.33 FEET;
THENCE TANGENT OF SAID CURVES. 76° 45' 14" !:. 22.36 FEET;
THENCE ALONG A TANGENT CURVE TD THE LEFT HAVING A RADIUS OF 80.00 FEET THROUGH
A CENTRJ..L ANGLE OF 13° 50' 44", AN ARC LENGTH OF 19.33 FEET;
THENCE PARALLEL TO SAJD SOUTHERLY LINEN. 89° 24' 02" E. 147,74 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 54.00 FEET
THROUGH A CENTRAL ANGLE OF 91° 11' 43", AN ARC LENGTH OF 85.95 FEET TO A POINT OF
NON-TANGENCY;
THENCE S. 1° 18' 12" E. 120,79 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL FIVE:
EASEMENT FOR PARKING, LANDSCAPING AND INGRESS/EGRESS AS PROVIDED IN THAT
CERTAIN RECIPROCAL EASEMENT AGREEMENT FOR PARKING, LANDSCAPING AND INGRESS
AND EGRESS, RECORDED OCTOBER 28, 1998, AS SERIES NO. 1'1'166686, OFFICIAL RECORDS,
APN: 316·05-050 and 316-05-051 and 316·05-052 and 316-05-053 and 316-05-056 and 316-05-
072 and 316-45-017
HOMESTEAD ROAD
I
ARNEL~
PLACE
I
I
STORMWATER
LARK FACILITY
LANE , ,MANAGEMENT
I EASEMENT
~ < ...:I
E-4
i' PARCEL A -I (ROS 221 M 10) ...:I I L TRUEPOINT 0
1
•• OF BEGINNING I{) ....
II = ....
PARCEL A
(ROS 221 M 10)
0
_J
I
I
I
I~ _.J
I
I POINT OF
I BEGINNING
(-·-L15
PARCEL A
(PM 406 M 27)
I
I
I
I
I
I
-
Line Table
Line# Direction Length
L1 N45' 26' 27"W 97.50'
L2 S44' 33' 33"W 177.13'
L3 N45' 26' 27"W 47 .61'
L4 N44' 33' 33"E 177.32'
LS N45' 26' 27"W 186.06'
L6 N44' 33' 33"E 47.49'
L7 S45' 26' 27"E 97.64'
L8 N44' 33' 33"E 172.99'
L9 S45' 26' 27"E 122.92'
L10 so· 04· 36"E 67.21'
L 11 N45' 26' 27"W 122.10·
L12 S44' 33' 33"W 130.05'
~I L13 S45' 26' 27"E 185.49'
0 ~ L14 S44' 33' 33"W 42.80'
P:l
~
...:I L15 S89' 24' 02"W 144.08'
~ I L16 so· 35• 58"E 250 .69'
PLAT TO ACCOMPANY A DESCRIPTION ~
sroRMwArER FAcrurY :.lill! Engineering
MANAGEMENT EASEMENT ASSOCIATES, INC.
CITY OF CUPERTINO 1475 South Bascom Ave., Suite 202
...,,D,_a..-te-: ----.,...,.,...c--=a,-e:-----r-:-Jo..,...b-: -----Campbell, CA 9 5 0 0 8-0629
10/24/16 AS SHOWN CUPV1301 Tel. (408) 241-5494
...,,,D-ra_w_n--=B=-y-: ---.D=-e--,si,-gn-e-r:----+-=C,-he-c..-ke---=d-: ----
K SN KSN JS
SHEET 1 of 1
Cupertino Village
Stormwater Facility Management Easement
EXHIBIT "B"
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara,
State of California, described as follows:
Being a portion of Parcel A of that certain Record of Survey
filed for record in Book 221 of Maps, Page 10, Santa Clara
County Records, described as follows:
BEGINNING at the most southeasterly corner of said Parcel A;
THENCE along the southerly boundary of said Parcel A, South
89°24'02" West, 144.08 feet;
THENCE leaving said southerly boundary at a right angle, North
00°35'58" West, 250.69 feet to the TRUE POINT OF BEGINNING;
THENCE North 45°26'27" West, 97.50 feet;
THENCE leaving at a right angle, South 44°33'33" West, 177.13
feet;
THENCE leaving at a right angle, North 45°26'27" West, 47.61
feet;
THENCE leaving at a right angle, North 44°33'33" East, 177.32
feet;
THENCE leaving at a right angle, North 45°26'27" West, 186.06
feet;
THENCE leaving at a right angle, North 44°33'33" East, 47.49
feet;
THENCE leaving at a right angle South 45°26'27" East, 97.64
feet;
THENCE leaving at a right angle, North 44°33'33" East, 172.99
feet;
THENCE leaving at a right angle South 45°26'27" East, 122.92
feet;
THENCE South 00°04'36" East, 67.21 feet;
THENCE North 45°26'27" West, 122 .1 0 feet;
THENCE leaving at a right angle , South 44°33 '33 " West, 130.05
feet;
THE NCE leaving a t a right angle , South 45°26 '27" East, 185.49
feet;
THENCE leaving at a right angle, South 44°33'33" West, 42.80
feet to the TRUE POINT OF BEGINNING;
Brio Engineering Associates , INC.
1475 S. Bascom Avenue , Suite 202
Campbell , CA 95008
Exhibit C
Bioretention Area Maintenance Plan for
Cupertino Village Redevelopment
July 15 , 2016
Project Address and Cross Streets : 10869 N. WOLFE ROAD, CUPERTINO, CA 95014,
Homestead & Pruneridge
Assessor's Parcel No.: 316-05-050, 051, 052, 053, 056 , 072, AND 316-45-017
Property Owner:-----------------Phone No.: ________ _
Designated Contact: Phone No.: ________ _
Mailing Address :-------------------------------
The property contains 1 bioretention area , located as described
below and as shown in the attached Stormwater Management Plan
• Bioretention Area No. 1 is located north of the Existing Building 1 &2 . See C2 .08 Stormwater
Management Plan.
• Bioretention Area No. 2 is located north of the Existing Building 1 &2 . See C2.08 Stormwater
Management Plan.
I. Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which
reduces pollutant removal efficiency and may lead to bioretention area failure. Routine
maintenance activities, and the frequency at which they will be conducted , are shown in
Table 1.
Page 1
Exhibit C
Table 1
Routine Maintenance Activities for Bioretention Areas
No. Maintenance Task Frequency of Task
1 Remove obstructions . debris and trash fr om biorete nt ion Monthly , or as needed after sto rm
area and dispose of prop er ly . events
2 Inspect bioretention area for ponded water. If ponded Monthly, or as needed after storm
water does not drain within 2-3 days , till and replace the events
surface soil and replant.
3 Inspect in le ts for channels, soil exposure or other Monthly , or as needed after storm
evidence of erosion . C lear obstructions and remove events
sedim en t.
4 Remove and replace all dead an d d iseased vegetation . Twice a year
5 Maintain vegetation and the irrigation system . Prune and Twice a year
weed to keep bi o reten tion area neat and orderly in
app earance Remove and or replace any dead pla nt s .
6 Check that mu lc h is at appropriate depth (2 inches per soil Monthly
specificat ions) and repl enis h as necessary before wet
season beg ins .
7 Inspect th e e ne rgy dissipation at the in let to ensure it is Annually. before the wet season
functioning adequately . and that there is no scour o f the begin s
surface mulch.
8 Inspect biorete ntion area using the attached inspection Monthly , o r after la rge storm events .
checkl ist . and afte r removal of accumulated
debris or materia l
Page 2
Exhibit C
Bioretention Area Maintenance Plan Date of Inspection : ______ _
Property Address: 10869 N. WOLFE ROAD , CUPERTINO , CA 95014
Treatment Measure No .: _____ _
II. Use of Pesticides
The use of pesticides and quick release fertilizers shall be minimized, and the principles of
integrated pest management (1PM) followed:
1. Employ non-chemical controls (biological, physical and cultural controls) before using
chemicals to treat a pest problem.
2. Prune plants properly and at the approp riate time of year.
3 . Provide adequate irrigation for landscape plants . Do not over water.
4 . Limit fertilizer use unless so il testing indicates a deficiency. Slow-release or organic
fertilizer is preferable . Check with municipality for specific requirements .
5 . Pest control should avoid harming non-target organisms , or negatively affecting air and
water quality and public health . Apply chemical controls only when monitoring indicates
that preventative and non-chemical methods are not keeping pests below acceptable
levels. When pesticides are required , apply the least toxic and the least persistent
pesticide that will provide adequate pest control. Do not apply pesticides on a
prescheduled basis .
6. Sweep up spilled fertilizer and pesticides . Do not wash away or bury such spills .
7 . Do not over apply pesticide. Spray only where the infestation ex ists . Follow the
manufacturer's instructions for mixing and applying materials .
8 . Only licensed, trained pesticide applicators shall apply pesticides .
9 . Apply pesticides at the appropriate time to maximize their effectiveness and minimize
the likelihood of d ischarging pesticides into runoff. With the exception of pre-emergent
pesticides , avoid application if rain is expected.
10 . Unwanted/unused pesticides shall be disposed as hazardou s waste .
Ill. Vector Control
Standing water shall not remain in the treatment measures for more than fi ve days, to prevent
mosquito generation . Should any mosquito issue s arise, contact the Santa Cla ra 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 Val ley V ect or Control District
1580 Berger Dr .
San Jose, California 95112
Phone : ( 408) 918-4 770 / (800) 675-1155 -Fax : (408) 298-6356
www .sccgov.org/portal/site/vector
IV. Inspections
The attached Bioretention Area Inspection and Maintenance Checklist shall be used to
conduct inspecti ons monthly (or as needed), identify needed maintenance , and record
maintenance that is cond ucted.
Page 3
0
+-'
:.0
..c
X w
Bioretention Area
Inspection and Maintenance Checklist
Property Address : ----------------------Property Owner:
Treatment Measure No .: D ate of Inspection : Type of Inspection: •_:; Monthly U Pre-Wet Season
1 I After heavy runoff , End of Wet Season
lnspector(s) r-, Other _______ _
Defect Conditions When Maintenance Is Maintena nce Comments (D escribe main tenance Results Expected When
Needed Needed? (Y/N) comp leted and if needed maintenance was Maintenance Is Performe d
no t conducted , note when it will be done)
1. Standing Water Water stands in the bioretention area There should be no are as of
between storms and does not drain standing water once storm event
within 2-3 days after rainfall. has ceased. Any of the following
may apply : sediment or trash
blockages removed , improved grade
fr om head to foot of bio retention
area, or added underdrains.
2 . Trash and Debris Trash and debris accumulated in the Trash and debris removed from
Accumulation biorete ntion area . bioretention area and disposed of
properly .
3 . Sediment Evidence of sedimentation in Material removed so that there is no
biorete nti on area. clogging or blockage . Material is
disposed of properly .
4 . Erosi on Channe ls have formed aro u nd inlets , Obstructions and sediment removed
there are areas of bare soil, a nd/or so that water flows freely and
other evidence of erosion . disperses over a wide area .
Obs tructions and sediment are
disposed of properly .
5 . Vegetat ion Vegetat ion is dead , diseased and/or Vegetatio n is healthy and attractive
overgrown . in appearance.
6 . Mulch Mu lc h is missing or patchy in All bare earth is covered, except
appearance. Areas of bare earth are mulch is kept 6 inches away from
exposed, or mulch layer is less than 2 trunks of trees and shrubs . Mul ch is
inches in depth . even in appearance. at a depth of 2
inches .
7 . Mis cella neous Any condition not covered above that Meets the design specifications .
needs attention in orde r for the
bioretention area to function as
designed .
Bioretention Area Maintenance Plan -Page 4
u -~ :e
~
u.:i
Treatment
Measure
No.(s)
Defect
Trash Capture
Screen
Inlet/Outlet
Energy
Dissipaters
Vector
Control
Mosquitoes
present
Trash and
Debris
Accumulation
Inspection and Maintenance Log
Conditions When Maintenance Comments (If needed
Maintenance is Needed? maintenance was not conducted,
needed (YIN) Date note it will be done; or comment
on any work that was done.)
Screen is clogged.
Inlet/outlet areas
clogged with sediment
and/or debris.
Energy Dissipaters at
curb cuts are blocked.
Conditions within unit
provide mosquito
breeding habitat.
Mosquito larvae
evident in standing
water
Trash and debris
accumulated in the
bioretention area.
Page 5
Results Expected
When Maintenance is
Performed
Material removed so that
there is no clogging or
blockage .
Material removed so that
there is not clogging or
blockage in the inlet and
outlet areas .
Material removed so that
there is no blockage.
Potential vectors abated
by filling holes in the
ground around the unit
and by insuring that
there are no areas where
water stands longer than
5 days following a
storm .
Contact Santa Clara
County Vector Control
Servies District if
mosquitoes present.
Trash and debris
removed from
bioretention area and
disposed of properly.
u
.-:::
.rJ
~
Cl.)
Sediment
Erosion
Vegetation
Mulch
Miscellaneous
Evidence of
sedimentation in
bioretention area
Channels have formed
around inlets, there are
areas of bare soil,
and/or other evidence
of erosion .
Vegetation is dead,
diseased and/or
overgrown. Replace
vegetat ion with plants
with similar growth
requirements.
Mulch is missing or
patchy in appearance.
Areas of bare earth are
exposed , or mulch layer
is less than 3 inches in
depth.
Any condition not
covered above that
needs attention in order
for the bioretenion area
to function as designed.
Material removed so that
there is no clogging or
blockage. Material is
disposed of properly .
Obstructions and
sediment removed so
that water flows freely
and disperses over a
wide area. Obstructions
and sediment area
disposed of properly.
Vegetation is healthy
and attractive in
appearance. Treat
vegetation using
preventative and low-
toxic methods.
All bare earth is covered
except mulch is kept 6
inches way from trunks
of trees and shrubs.
Mulch is even in
appearance at a depth of
3 inches.
Meet the design
specifications.
Page 6