24-139 STORMWATER MANAGEMENT FACILITIES OPERATION, AND MAINTENANCE & EASEMENT AGREEMENT, 21301 Point Reyes Terrace, Cupertino, CA 95014 APN 326-247-0491
l' . : 1,1
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
25716859
Regina Qlcomendras
Sarita Clara Courity - Clerk-Recorder
lel/24/2e24 02 421 Pf'l
Titles: 1 Paget+ : 19
Fees: $21.ee
Taxes : $0
Total : $21.W)
llllW'aM'.K':'.ii'M?4%'.Ul&llN'il%l":'.ft'4tM!!A $1111
(SP ACE ABOVE THIS LINE FOR RECORDER'S USE)
STORMWATER MANAGEMENT FACILITIES OPERATION, AND
MAINTENANCE AGREEMENT
21301 Point Reyes Terrace, Cupertino, CA 95014
APN 326-27-049
0 0riginal
0 Conformed Copy
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk's Office
10300 Torre Avemie
Qipertino, 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
21301 Point Reyes Terrace, Cupertino, CA 95014
APN 326-27-049
This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE
AND EASEMENT AGREEMENT ("Agreement") is made and entered into thir Ig#tlay of
remEhgEL , 20z4-, by Cupertino Pacific Associates, a California Limited Partnership
("Covenantor"), and the City of Cupertino, a municipal corporatioii ("City"). Covenantor and
City are referred to collectively herein as the "Parties" and each individually as a "Party."
[CIT ALS:
This Agreement is made and entered into with reference to tlie 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-
27-049 and more particularly described in Exhibit A attached hereto ("Property").
C. Tlie 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 Associates, Inc. and dated November 29, 2021, which plan, together with any
and all amendments, including future amendments, thereto (collectively, the "SWMP"), are on
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file with the Public Works Department of the City of Cupertino, Califori'xia, and are hereby
incorporated by reference.
E.The City has reviewed the SWMP, and subject to execution of this Agreement, lias
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 Subiect 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 constnied 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, tlie
Covenantor shall construct, operate and perpetually maintain the Facilities, unless an alternative
proportional amount has been indicated in any Covenants, Conditions & Restrictions or any
other agreement governing maintenance of these Facilities for the property, 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 tlie
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 sliall occur between August 1st and September 30 each year. More
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frequent inspections may be required to comply with the maintenance standards. The results of
inspections sliall be recorded on the Maintenance Inspection Report.
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 tliat tlie 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 tlie 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
perinitting 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 perfori'nance 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 tlie right of
ingress and egress to the Storniwater 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 deteri'nines 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 sliall have the right upon delivery of forty-eight (48) hours' prior
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written notice (except in the eveiit of an immediate threat to public liealth and safety in which
case no notice shall be required) to enter the Stori'nwater Facilities Area for the purposes of
maintaining and repairing the Facilities at Covenantor's expense, and Covenantor shall be
obligated to reimburse City for tlie cost of all sucli work, including, without limitation, the cost
of City staff time, within tliirty (30) days following City's delivery of an invoice therefor,
together with documentation of City's costs and expenses incurred in connection with the
perfori'nance 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 perforinance, civil and criminal penalties, and the
remediessetforthinSections9.18.190,9.18.230and9.18.250oftheOrdinance. Allsuch
remedies shall be cumulative and not alteriiative.
8. To the fullest extent allowed by law, Covenantor sliall indeinnify 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 nonperfori'nance 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 nonperfori'nance 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 perfori'nance of the obligations required under this Agreement
and for the payment of any and all fees, fines, and penalties associated with such perfornnance 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.
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11. Tertnination and Release of Agreement. In the eveiit that the City deternnines, in the
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, tlie City shall execute a teri'nination and release of this
Agreement which tlie 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
tl'ieir respective addresses specified below or to such other address as a Party may designate by
writtei'i 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 sliall be deemed delivered upon
receipt if delivery is confirmed by a return receipt; (c) nationally recognized overniglit courier,
with charges prepaid or charged to the sender's account, in which case notice is effective on
delivery if delivery is confitned by the delivery service; or (d) postage prepaid registered or
certified mail, in which case notice shall be deemed delivered oii the second business day after the
deposit thereof witli 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 Pacific Associates, a California Limited Partnership
430 East State Street, Suite 100
Eagle, ID 83616
(208) 461-0022
12.2 Attorneys' Fees. In the event that either Party institutes legal action or arbitration
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against the otl'ier to interpret or enforce this Agreement, or to obtain damages for any alleged
breach liereof, 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.
12.3 Governing Law; Venue. This Agreement sliall, in all respects, be governed,
construed, applied, and enforced in accordance witli the laws of the State of California without
reference to its choice of laws provisions. Any dispute related to tlie interpretation or
enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara
County, California.
12.4 Furtlier 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 tlie teri'ns 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 lierein 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 tliis Agreement tliat 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 liereunder 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 perfori'nance 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
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provided in tliis Agreement) or to any third party with respect to the Facilities.
12.10 Headings; Constniction; Statutory References. The lieadings of the sections and
paragraphs of tliis 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 constniction 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. Covenantorshallpay,whendue,allpersonsfurnishinglaborormaterialsin
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 Storinwater 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 cotmterparts, 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 PAGE(S)
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IN WITNESS WHEREOF, tlie Parties liave executed this Agreement as of the date first
above written.
COVENANTOR:
Cupertino Pacific Associates, a Califoriiia limited
partnersliip
BY:
Name: (AL ebo7(
Title: C>etveraat ?,4ertvse,
(Notaty acbowledgment to be attached)
CITY:
CITY 'C{JPEg%KiO, a municipal corporation
BY
Name: CW4) mostr-7
Title: Dt[(groe or ,"sut (.4z>
(Notaiy acknowledgment to be attached)
ATTEST:
Ki!(c!
APPRO AS T
CCh:rAt'ffOTheDy. 7
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Exhibit A
PROPERTY
EXHIBIT 'A'
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL C, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT N0. 10579" FILED
FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUISTTY OF SAISTTA
CLARA, STATE OF CALIFORNIA, ON NOVEMBER 18, 2021, IN BOOK 943 0F MAPS,
PAGES 36 THROUGH 43.
Exhibit B
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Exhibit C
FORM OF MAINTENANCE INSPECTION REPORT
EXHIBIT "C"
Bioretention Area Maintenance Plan for
Westport Senior Housing
September 2024
Project Address and Cross Streets 21301 Point Reyes Terrace
Assessor's Parcel No.: APN 326-27-049
Property Owner: Cupertino Pacific Associates Phone No.: (208) 461-0022
Designated Contact: Shaun Jolley Phone No.: 208.854.8190
Ma!l!ng AddreSS: 430 East State Street, Suite 100, Eagle, ID 83616
The property contains I bioretention area(s), located as described below and as shown in
the attached site planl
Biorctcntion /lrca No. TCM I is looatcd at the north wcst oorncr of thc sitc. north of the row homcs.
Biorctcntion Area No. TCM 3 is locatcd along thc Mary Avc frontagc, approi<imatcly 1 70ft cact of the wcctcrn drivcway
Biorctcntion Area No. TCM 0 is locatcd at tht:i south west corncr of thc projcat arca, south of the row homca.
Biorotontion /lroa filo, TCM "10 ic locatod along tho Stovonc Crook Blvd frontago, jur,t northozvt cif the SP.85 on ramp. It
ic tho moat woctorn biorotontion of the throo along tho Stovonc Crack frontago.
Diorctcntion Arca No. TCM Il ia locatcd along thc Ctcvcna CrccR [llvd frontagc, juat cast of the ataira and ramp acccaa
point onto the site. It is the middle bioretention of the three along the Stevens creok frontage.
Bioretention Area No. TCN112 is located along the Stevens Creek Blvd frontage, just south of the Senior Living facility. It
is the most eastern bioretention of the three along the Stevens Creek frontage.
Biorotontion /(roa No. TCM 14 ic locatod along tho Mary /\vo frontago, approximatoly 1 nOft wegt of the eagtorn drivoway
Biorotontion /lroa No. TCM 15 is locatod at tho oactorn odgo of the project limits. It is a large bagin socitheazt of tho
cactcrn driveway along Mary /\VO.
1. 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 'I.
Table 1
Routine Maintenance Activities for Biortitention Areas
No.Maintenance Task Frequency of Task
1 Remove obstructions, weeds, debris and trash from
bioretention area and its inlets and outlets; and dispose of
properly.
Quarterly, or as needed after storm
events
2 Inspect bioretention area for standing water. If standing
water does not drain within 2-3 days, till and replace the
surface biotreatment soil with the approved soil mix and
replant.
Quarterly, or as needed after storm
events
3 Check underdrains for clogging. Use the cleanout riser to
clean any clogged underdrains.
Quarterly, or as needed after storm
events
4 Maintain the irrigation system and ensure that plants are
receiving the correct amount of water (if applicable).
Quarterly
' Attached site plan must match the site plan exhibit to Maintenance Agreement.
Page 1
)3ioretention Area Maintenance Plari
Property Address:
Date of Inspection:
Treatment Measure No.:
5 Ensure that the vegetation is healthy and dense enough to
provide filtering and protect soils from erosion. Prune and
weed the bioretention area. Remove and/or replace any
dead plants.
Annually, before the wet season
begins
6 Use compost and other natural soil amendments and
fertilizers instead of synthetic fertilizers, especially if the
system uses an underdrain.
Annually, before the wet season
begins
7 Check that mulch is at appropriate depth (2 - 3 inches per
soil specifications) and replenish as necessary before wet
season begins. It is recommended that 2" - 3" of arbor
mulch be reapplied every year.
Annually, before the wet season
begins
8 Inspect the energy dissipation at the inlet to ensure it is
functioning adequately, and that there is no scour of the
surface mulch. Remove accumulated sediment.
Annually, before the wet season
begins
9 Inspect overflow pipe to ensure that it can safely convey
excess flows to a storm drain. Repair or replace damaged
piping.
Annually, before the wet season
begins
10 Replace biotreatment soil and mulch, if needed. Check for
standing water, structural failure and clogged oveflows.
Remove trash and debris. Replace dead plants.
Annually at the end of the rainy
season, and/or after large storm
events
11 Inspect bioretention area using the attached inspection
checklist.
Annually, before the wet season
ii.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.
lit.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, Califomia 95112
Phone: (408) 918-4770 / (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 inspections monthly (or as needed), identify needed maintenance, and record
maintenance that is conducted.
Page 2
Bioretention Area
Inspection and Maintenance Checklist
Property Address: 21301 Point Reyes Terrace
Treatment Measure No.:Date of Inspection:
Inspector(s):
PrOPerV Owne7 Cupertino Pacific Associates
Type of Inspection: € Quarterly € Pre-Wet Season
€ After heavy runoff € End of Wet Season
€ Other:
Defect Conditions When Maintenance Is
Needed
Maintenance
Needed? (Y/N)
Comments (Describe maintenance
completed and if needed maintenance was
not conducted, note when it will be done)
Results Expected When
Maintenance Is Perfomied
1. Standing Water Water stands in the bioretention area
between storms and does not drain
within 2-3 days afier rainfall.
There should be no areas of
standing water once storm event
has ceased. Any of the following
may apply: sediment or trash
blockages removed, improved
grade from head to foot of
bioretention area, or added
underdrains.
2. Trash and Debris
Accumulation
Trash and debris accumulated in the
bioretention area, inlet, or outlet.
Trash and debris removed from
bioretention area and disposed of
properly.
3. Sediment Evidence of sedimentation in
bioretention area.
Material removed so that there is no
clogging or blockage. Material is
disposed of properly.
4. Erosion Channels have formed around inlets,
there are areas of bare soil, and/or
other evidence of erosion.
Obstructions and sediment removed
so that water flows freely and
disperses over a wide area.
Obstructions and sediment are
disposed of properly.
5. Vegetation Vegetation is dead, diseased and/or
overgrown.
Vegetation is healthy and attractive
in appearance.
6. Mulch Mulch is missing or patchy in
appearance. Areas of bare earth are
exposed, or mulch layer is less than 2
inches in depth.
All bare earth is covered, except
mulch is kept 6 inches away from
trunks of trees and shrubs. Mulch is
even in appearance, at a depth of 2
- 3 inches.
7. Miscellaneous Any condition not covered above that
needs attention in order for the
bioretention area to function as
designed.
Meets the design specifications.
Bioretention Area Maintenance Plan - Page 3
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