The URL can be used to link to this page

25-062 Stormwater Maintenance Facilities Operation, Maintenance and Easement Agreement, Arroyo Village (Westport Townhomes)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 25798344 Regina Alcomendras Santa Clara County - Clerk -Recorder 04/25/2025 03:50 PM Titles: 1 Pages: 28 Fees: 0.00 Taxes: 0 Total: 10.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT Arroyo Village (Westport Townhomes), Cupertino, CA 95014 ® Original ® Conformed Copy RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino City Clerk's Office 10300 Torre Avenue 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 Arroyo Village (Westport Townhomes) This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE AND EASEMENT AGREEMENT ("Agreement") is made and entered into this � �1iday of 1-.Q,4p , 20V5 , by Taylor Morrison of California, 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 Arroyo Village, formerly the Westport Townhome Project, ("the Townhome Project") located on Parcel A, shown and so designated on that certain map entitled "Tract No. 10579" filed for record on November 18, 2021 in Book 943 of Maps at Pages 36 through 43, Santa Clara County Records, within the City of Cupertino ("City"), County of Santa Clara, State of California 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. me 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 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: 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 -2- 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. 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 -3- 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 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 -4- 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 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 Cupertino CA 95014 Attention: City Attorney -5- Covenantor: Taylor Morrison of California, LLC 2603 Camino Ramon #410 San Ramon, CA 94583 Attention: Jennifer Skillings 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. 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 -6- 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 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 PAGE(S) -7- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. ATTEST: s Kirsten Squarcia, City Clerk APPROVED AS TO FORM: City Attorney COVENANTOR: Taylor Morrison of California, LLC A Californi mited liability company By: Name: ViJr Title:y� (Notary acknowledgment to be attached) CITY: CITY OF CUPER O, a municipal corporation By: Name: C PAD filo5tc Title: k11167d Or fU BLI ( " a ilK5 (Notary acknowledgment to be attached) -8- 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 Contra Costa On February 11, 2025 before me, Alicia Hintzen, Notary Public (insert name and title of the officer) personally appeared Jennifer Skillings who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature ALICIA HINTZEN COMM. #2474541 z Notary Public • California o Z Contra Costa County M Comm. Expires Nov. 30, 2027 (Seal) CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 Santa Clara On April 21, 2025 before me, Lauren Sapudar Notary Public, (Here insert name and title of the officer) personally appeared Chad Mosley who proved to me on the basis of satisfactory evidence to be the e n(s) whose Fe(s) 4�/are subscribed to the within instrument and acknowledged to me that &/she/they executed the same in kWher/their authorized �(ies), and that by M/her/their si Re s) on the instrument the or (s), or the entity upon behalf of which the rso s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 09SO&II&I SAW'" #my LAURENSAPUDAR WITNES y hand and officia Notary Public • Californiasea . Santa Clara CountyCommission # 2409321 Comm, Expires Jun 28, 2026 Signalure of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service, Inc. — All Rights Reserved www.TheProLink.com — Nationwide Notary Service Exhibit A PROPERTY REAL PROPERTY IN THE CITY OF CUP ERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL ONE: PARCEL 1 AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED FEBRUARY 09, 2015 AS INSTRUMENT NO. 22847965 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL A, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED FOR RECORD ON AUGUST 19, 2010, IN BOOK 838 OF MAPS AT PAGES 24 AND 25, RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL A (838 M 24 & 25); THENCE LEAVING SAID CORNER AND ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL A, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. SOUTH 16°25'54" EAST, 245.50 FEET; 2. SOUTH 15°17'10" EAST, 224.86 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF SAID PARCEL A; THENCE LEAVING SAID SOUTHWESTERLY LINE OF SAID PARCEL A, THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES: 1. NORTH 73°34'16" EAST, 148.24 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET; 2. SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 107°05'50", FOR AN ARC LENGTH OF 37.38 FEET; 3. NORTH 00°40'06" EAST, 45.98 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 20.00 FEET, FROM CENTER OF SAID CURVE A RADIAL LINE BEARS SOUTH 11°37'41" EAST; 4. NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74°19'16", FOR AN ARC LENGTH OF 25.94 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 350.00 FEET; 5. NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°25'08", FOR AN ARC LENGTH OF 45.32 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 23.00 FEET; 6. NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 79-41,27", FOR AN ARC LENGTH OF 31.99 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET; 7. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 56°00'15", FOR AN ARC LENGTH OF 33.72 FEET; 8. NORTH 47°50'35" WEST, 46.65 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 32.00 FEET; NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°24'51", FOR AN ARC LENGTH OF 17.54 FEET; 10. NORTH 16'25'44" WEST, 16.94 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 79.00 FEET; 11. NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°43'40", FOR AN ARC LENGTH OF 35.47 FEETTO THE NORTHEASTERLY LINE OF SAID PARCEL A, SAID POINT BEING ALSO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 542.00 FEET, FROM CENTER OF SAID CURVE A RADIAL LINE BEARS SOUTH 32°33'43" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°19'54", FOR AN ARC LENGTH OF 296.39 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL A; THENCE LEAVING SAID CORNER, SOUTH 73°34'06" WEST, 17.84 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS, WITHOUT RIGHTS OF SURFACE ENTRY, AS CONVEYED TO THE CITY OF CUPERTINO BY DEED RECORDED MARCH 27, 1972 IN BOOK 9760, PAGE 685 OF OFFICIAL RECORDS. PARCEL TWO: PARCEL 2 AS SHOWN ON LOT LINE OF ADJUSTMENT, AS EVIDENCED BY DOCUMENT RECORDED FEBRUARY 09, 2015 AS INSTRUMENT NO. 22847965 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL A AND PARCEL B, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED FOR RECORD ON AUGUST 19, 2010, IN BOOK 838 OF MAPS AT PAGES 24 AND 25, RECORDS OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHWESTERLY CORNER OF SAID PARCEL (838 M 24 & 25); THENCE LEAVING SAID CORNER AND ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL A, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. SOUTH 16°25'54" EAST, 245.50 FEET; 2. SOUTH 15°17'10" EAST, 224.86 FEETTO A POINT ON SAID SOUTHWESTERLY LINE OF SAID PARCEL A, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID POINT AND SAID SOUTHWESTERLY LINE OF SAID PARCEL A, THE FOLLOWING ELEVEN (11) COURSES AND DISTANCES: 1. NORTH 73°34'16" EAST, 148.24 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET; 2. SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 107°05'50", FOR AN ARC LENGTH OF 37.38 FEET; 3. NORTH 00°40'06" EAST, 45.98 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 20.00 FEET, FROM CENTER OF SAID CURVE A RADIAL LINE BEARS SOUTH 11°37'41" EAST; 4. NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74°19'16", FOR AN ARC LENGTH OF 25.94 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 350.00 FEET; 5. NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07°25'08", FOR AN ARC LENGTH OF 45.32 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 23.00 FEET; 6. NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 79°41'27", FOR AN ARC LENGTH OF 31.99 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET; 7. WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 56°00'15", FOR AN ARC LENGTH OF 33.72 FEET; 8. NORTH 47°50'35" WEST, 46.65 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 32.00 FEET; 9. NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°24'51", FOR AN ARC LENGTH OF 17.54 FEET; 10. NORTH 16°25'44" WEST, 16.94 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 79.00 FEET; 11. NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°43'40", FOR AN ARC LENGTH OF 35.47 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL A, SAID POINT BEING ALSO THE BEGINNING OF A NON - TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 542.00 FEET, FROM CENTER OF SAID CURVE A RADIAL LINE BEARS SOUTH 32°33'43" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, AND ALONG THE GENERAL NORTHERLY AND EASTERLY LINES OF SAID PARCELS A AND B, THE FOLLOWING SEVEN (7) COURSES: 1. SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31-45,38", FOR AN ARC LENGTH OF 300.44 FEET; 2. SOUTH 89°11'55" EAST, 83.73 FEET; 3. NORTH 00°48'05" EAST, 12.00 FEET; 4. SOUTH 89°11'55" EAST, 169.68 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 280.00 FEET; 5. SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00'00", FOR AN ARC LENGTH OF 439.82 FEET; 6. SOUTH 00°48'05" WEST, 90.07 FEET; 7. SOUTH 45°46'13" WEST, 24.05 FEET TO THE SOUTHERLY LINE OF SAID PARCEL B; THENCE ALONG SAID SOUTHERLY LINE OF SAID PARCEL B, THE FOLLOWING TWO (2) COURSES: 1. NORTH 89°15'40" WEST, 617.40 FEET; 2. NORTH 84°03'28" WEST, 139.63 FEET TO THE BEGINNING OF ATANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET; NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 68°46'18" FOR AN ARC LENGTH OF 120.03 FEET; THENCE, NORTH 15°17'10" WEST, 137.64 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS, WITHOUT RIGHTS OF SURFACE ENTRY, AS CONVEYED TO THE CITY OF CUPERTINO BY DEED RECORDED MARCH 27, 1972 IN BOOK 9760, PAGE 685 OF OFFICIAL RECORDS. PARCEL THREE: A NON-EXCLUSIVE EASEMENT APPURTENANT TO THAT PORTION OF PARCELS ONE AND TWO LYING WITHIN PARCEL A OF THE PARCEL MAP FOR CUPERTINO OAKS FILED IN BOOK 838 OF MAPS AT PAGES 24 AND 25 OF SANTA CLARA COUNTY RECORDS FOR DRIVEWAY PURPOSES AS PROVIDED FOR IN THAT CERTAIN EASEMENT GRANT DATED APRIL 20, 2012 AND RECORDED APRIL 25, 2012 AS INSTRUMENT NO. 21637501, OF OFFICIAL RECORDS OF SANTA CLARA COUNTY, OVER THE FOLLOWING DESCRIBED PARCEL: BEING A PORTION OF PARCEL B OF THE PARCEL MAP FOR CUPERTINO OAKS FILED IN BOOK 838 OF MAPS AT PAGES 24 AND 25 OF SANTA CLARA COUNTY RECORDS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL B, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF STEVENS CREEK BOULEVARD; THENCE FROM SAID POINT OF BEGINNING ALONG THE WESTERLY LINE OF SAID PARCEL B NORTH 00' 41' 16" EAST 195.21 FEET; THENCE CONTINUING ALONG THE PARCEL LINE OF SAID PARCEL B SOUTH 89° 36' 04" EAST 50.00 FEET; THENCE LEAVING THE PARCEL LINE OF SAID PARCEL B SOUTH 00° 41' 19" WEST 199.81 FEETTO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL B, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF STEVENS CREEK BOULEVARD; THENCE NORTH 84' 03' 28" WEST 50.21 FEET ALONG SAID NORTHERLY LINE OF STEVENS CREEK BOULEVARD TO THE POINT OF BEGINNING. Exhibit B STORMWATER FACILITIES AREA 'BjI ONLLtl3dn0 NV �02i1N0� Waan; m O aasnL�`mow�s agg � C> NMON6 sv ims L0303HVd3tld = O m UJOW<Aalw� �EiVAAMOlS 1�]Od1SAM o�., 3l� cmViVu slmn¢ fi00L18L60 m � rim a g rn o a P S NO I g o a W u Ila 6i Z- ry offilliffiliffill M1111111111111111 Mililillillillill l�IIII �I r— I I N i � N 0)_ _...._ Exhibit C FORM OF MAINTENANCE INSPECTION REPORT Bioretention Area and Silva Cell Maintenance Plan for Westport Town/Row Homes April 2025 Project Address and Cross Streets 21267 Stevens Creek Blvd, Cupertino (Mary Ave) Assessor's Parcel No.: 326-62-001 through 326-62-088 Property Owner: Arroyo Village Community Association Phone No. (925) 937-4378 Designated Contact: Boardwalk Investment Group, Inc. - Darren Merritt Phone No.:(925) 937-4378 Mailing Address: 317 Lennon Lane, Suite 200, Walnut Creek, CA 94598 The property contains 7 bioretention area(s), located as described below and as shown in the attached site plan'. Bioretention Area No. TCM 1 is located at the north west corner of the site, north of the row homes. Bioretention Area No. TCM 3 is located along the Mary Ave frontage, approximately 170ft east of the western driveway to Mary Ave. Bioretention Area No. TCM 9 is located at the south west corner of the project area, south of the row homes. Bioretention Area No. TCM 10 is located along the Stevens Creek Blvd frontage, just northeast of the SR85 on -ramp. It is the most western bioretention of the three along the Stevens Creek frontage. Bioretention Area No. TCM 11 is located along the Stevens Creek Blvd frontage, just east of the stairs and ramp access point onto the site. It is the middle bioretention of the three along the Stevens creek frontage. Bioretention Area No. TCM 12 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. Bioretention Area No. TCM 14 is located along the Mary Ave frontage, approximately 140ft west of the eastern driveway to Mary Ave. 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. Table 1 Routine Maintenance Activities for Bioretention Areas No. Maintenance Task Frequency of Task 1 Remove obstructions, weeds, debris and trash from Quarterly, or as needed after storm bioretention area and its inlets and outlets; and dispose of events properly. 2 Inspect bioretention area for standing water. If standing Quarterly, or as needed after storm water does not drain within 2-3 days, till and replace the events surface biotreatment soil with the approved soil mix and replant. 3 Check underdrains for clogging. Use the cleanout riser to Quarterly, or as needed after storm clean any clogged underdrains. events 4 Maintain the irrigation system and ensure that plants are Quarterly receiving the correct amount of water (if applicable). 5 Ensure that the vegetation is healthy and dense enough to Annually, before the wet season provide filtering and protect soils from erosion. Prune and begins weed the bioretention area. Remove and/or replace any dead plants. ' Attached site plan must match the site plan exhibit to Maintenance Agreement. 1 g Use compost and other natural soil amendments and Annually, before the wet season fertilizers instead of synthetic fertilizers, especially if the begins system uses an underdrain. 7 Check that mulch is at appropriate depth (2 - 3 inches per Annually, before the wet season soil specifications) and replenish as necessary before wet begins season begins. It is recommended that 2" — 3" of arbor mulch be reapplied every year. 8 Inspect the energy dissipation at the inlet to ensure it is Annually, before the wet season functioning adequately, and that there is no scour of the begins surface mulch. Remove accumulated sediment. 9 Inspect overflow pipe to ensure that it can safely convey Annually, before the wet season excess flows to a storm drain. Repair or replace damaged begins piping. 10 Replace biotreatment soil and mulch, if needed. Check for Annually at the end of the rainy standing water, structural failure and clogged overflows. season, and/or after large storm Remove trash and debris. Replace dead plants. events 11 Inspect bioretention area using the attached inspection Annually, before the wet season checklist. 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 Josh, California 95112 Phone: (408) 918-4770 / (800) 675-1155 - Fax: (408) 298-6356 www.sccqov.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. 2 V d s N C 3 O T a) 0- 0 @1 'Al c O (L) U N Q- CD C C O) -O ' >O-6 0 ID Q) C a) ui U _ a) c0CC) C ,� _0 a) CU Oa) O UU >O mT > � ) c •R in U �'N 0-O 0 w Q) N QC 0- O a) j >CI C .� U I1U O O O Q Co CUa) -0 U `� 0 o•C -C a) N:�,0 N - m X_- a) U N O U) m'c >,m N'O a) U) (OO 41��0 �� -O �LO 4U-- m> E U� O� p N m `) TU - Q) -a O a) o)Q 0 O a) U i in �� O +�-' cu p 2��-m0 i•+ c E N Q) a) '� N U C2 N Co N a) fn m 6) 0 .i? 0 O m-0 -6 -0 > o `O N-0 L UO a) i m U QOC G U0"Lmc OUw �o �m 'O E.Q fl- NOO GOON o CU �U�N OCUU 'Q) W co U 0+-' (D N C .0 O C L I m o LDO U� 3 N '@ N a)Cfl c I6 N Y �m N�oEoaa)i u)aa)i0_ a) FM -�mE m� 0�� yd @C O`o (OoO mpmQ -0(6>a) a)Q �Y Q 2 N N F �Q w.-- �-0 0- 5=o O� o In > m < T m N � N U � U C — c m 3 f0 C C CU w U C C E 0 a -0 `0U Co C •0 C 0 O �C y U C N C d C � C E U C Co 0 U 0 3 •o m Z m v c Cl. a+ M c a m m Z N O C NL O N O(C6 C 0� -0� 'p� @ C C O C 7 (�6U O O pa)U ` — •0 c0 cn •C LI6'N C C a) 0) 0O �(nC O m a) Q (D fo 0�m � U °� m c aNy a) m o rn =o �0 m�� a o m mac > a w OU Q) Q) O O .0 a) E -0 Q) 0 0 � m (E O � U O O c m C E U) > co m .fl N t6 Q) N o a) m a) 0)-- C Q Ea C O N U mm � Um O > U B O U w U O "0 c.—m O _ c V m cY) O -0.— C O _ U C O rn �_ � N> C C 0 O U E70 N�•C a) O : C a) +' N C a) U NN (C6 a) UN C a) c m a) m a)cQ)m a)� .0 N U Uami'a) O a) C L)�m.Lm O N U Z m m � N O _0 '> O a) L > CL 0 Q. Q U -0 W_0 U y 0 > O � m a) .0 Q U) L co 0 a)C C).0 U O -0 (O Cm C O Q) c m a) E C 16 r+ m V) ILO U a) .U) O O a) U j U U U) H Q U W > N C`i V In to M Silva Cell Inspection and Maintenance Checklist The property contains 9 Silva Cell area(s), located as described below and as shown in the attached site plane. Silva Cell Area No. TCM 2 is located on the western driveway, approximately 160 feet south of Mary Ave. Silva Cell Area No. TCM 4 is located between two buildings along the Mary Ave frontage, just south of bioretention area 14. Silva Cell Area No. TCM 5 is located between two buildings on the south side of northern east -west drive about 140 ft west of the eastern drive. Silva Cell Area No. TCM 6 is located in the central green strip between the two east -west drives about 150 feet east of the western drive. Silva Cell Area No. TCM 7 is located in the central green strip between the two east -west drives about 140 feet west of the eastern drive, just south of TCM 5. Silva Cell Area No. TCM 8 is located on the western driveway, approximately 230 feet south of Mary Ave. Silva Cell Area No. TCM 13 is located about 130 feet north of Stevens Creek Blvd frontage, just north of the Senior Living facility and west of the eastern drive. Silva Cell Area No. TCM 15 is located along the Mary Ave frontage, just east of the eastern driveway to Mary Ave. Silva Cell Area No. TCM 16 is located mid -way between Mary Ave and Stevens Creek Blvd, along the east side of the eastern driveway. 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. Table 2 Routine Maintenance Activities for Silva Cells No. Maintenance Task Frequency of Task 1 Remove obstructions, weeds, debris and trash from silva Quarterly, or as needed after storm cell inlets and outlets; and dispose of properly. events 2 Inspect silva cell tree openings for standing water. If Quarterly, or as needed after storm standing water does not drain within 2-3 days, check for events clogging, sediment, trash, and debris. 3 Check underdrains for clogging. Use the cleanout riser to Quarterly, or as needed after storm clean any clogged underdrains. events 4 Inspect inlet and outlet structures are operating properly. Quarterly Remove any blockages and clean pipe as needed. 5 Check that the distribution pipes are allowing water to Annually, before the wet season distribute property. Remove any blockages from pipes. begins 6 Prune trees as needed for safety to promote healthy growth Biannually, before and after the wet and to avoid conflicts with adjacent improvements. Pruning season should be performed by a landscape professional. 7 Check tree safety for signs of broken, dead, or hanging Spring, Fall and after major storms branches, cracks, fungi, cavities, weak trunk or branch unions. 8 Check tree for mower and weed whip damage, vandal Spring and Fall damage, and animal damage. Inspect leaves, branches, crown, and trunk for signs of insect or disease. 9 Check trees for and remove any girding roots. Every 4-5 years 10 Check tree general health. Replace any dying, dead, or Annually 2 Attached site plan must match the site plan exhibit to Maintenance Agreement. 4 diseased trees. 11 Check for weeds and remove as necessary. Replace Monthly mulch after weeding to a depth of 2 inches minimum 12 Water trees if the tree shows signs of being deprived of As needed water or during prolonged dry periods 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 trees properly and at the appropriate time of year. Provide adequate irrigation for trees. 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.sccqov.org/portal/site/vector IV. Inspections The attached Silva Cell Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted. L�J a) C O m Q O 'A1 N � Q 0 ❑ N U) N O �^ C LU L ❑ � t -- 0 O C ❑ L T O CU U N a) i 0- U) C �QO o ❑ ❑ () Q T a) C C U) C C c4 0) C -a C "Q E -O U O c6 O Q U Q) a) > EQ E cu aC U) a)aCC _0 m C - O flO(6_ coOOO a) cu U)m _T CoQ U a) coXZ3 C > d .0 p a) C Q> 73 O C U a3 C (0 E a) p a) L N -0 ?j a3 a) 0 0 QU) T a) v- .� C a) O E C _Q Opp (D p d O O 6) (D 'O 'O Q_ L m :E C',a X -o .S a) 7 o (n a) a) C �p a) C a) w .0 U) — a) p W y p U p U =_ ) ` C i Q C a) S -0 L = E LO U)p�Q� � V)U) Ln� 7 C O.� a) a)� �� Us -0 cz cz 3 m c O 1 O U C C c0 N cd C 9 C O _ c .� cu - C a m ` a) U O Q) ID C O N Q = C "O @ CD iy+ C U Z, dC � CC O C Q U U U C d C O• _ a � aZ a) z O C C a) a) Q O> a) a) N Y a) m O O N C O >,O a) En C r �� O U) a ui a)021 a) = as U) a) _ C N C - U) a) �0 U � c�a (6 o c 0) U) a3 L (6 - •U r2 �'O N � a) C 01 C T42 .0 a) C a N p T m C U .O e�U U) O Mr N .�O mcC a> -7 a)Q7O -O U a) �U Om UO U a •.CO UE CUV7 C —O O ) ) E Oa3 E N QaCO) aCQ) UN O � 0-0 OQ 2� OUa) Ep 'O 6 a) a) 2 O u) O m UND NOa) N O a) C >0� j0 Npa)m NCi W> 7QQU UZ W aiY �O F.OwE HO+ >O �(6 a).� cn Q a) � O c'Qm c6 C a) a) m m U) CO a) •— -O a) a) T � C o _C C O a) Q U O C N a) N a) vl ++ Q L Q 2 p 0 a) m a) U a) j w a) U m o U) _0 C Q_ �� > r- N c'M Q_ cn CO f- M \ \ \ \ / \ \ \ \ \ _ 7 7 ƒ G & \ \ / 3 § { § j > 0 / E \C: a) E / E ¢ =2 oe »\ =.- o_� = °± zf »e \_ \\ )) §/\ 0-6/@ Stƒ \ o; \27 \2$ G: = a = GE =0 ffe /\ \\ §\/ E\ /ƒ\ =2 /{ // k@3 / j k \ \ E / w I / \ a 6 % � Pervious Pavements SD-20 Table 1 Typical Recommended Maintenance Regimes Activity Schedule ■ Minimize use of salt or grit for de-icing ■ Keep landscaped areas well maintained Ongoing ■ Prevent soil being washed onto pavement ■ Vacuum clean surface using commercially available sweeping machines at the following times: - End of winter (April) 2/3 x per year - Mid -summer (July / August) - After Autumn leaf -fall (November) ■ Inspect outlets Annual ■ If routine cleaning does not restore infiltration rates, then reconstruction of part of the whole of a pervious surface maybe required. ■ The surface area affected by hydraulic failure should be lifted for inspection of the internal materials to identify the location and As needed (infrequent) extent of the blockage. Maximum 15-20 years ■ Surface materials should be lifted and replaced after brush cleaning. Geotextiles may need complete replacement. ■ Sub -surface layers may need cleaning and replacing. ■ Removed silts may need to be disposed of as controlled waste. Permeable pavements are up to 25 % cheaper (or at least no more expensive than the traditional forms of pavement construction), when all construction and drainage costs are taken into account. (Accepting that the porous asphalt itself is a more expensive surfacing, the extra cost of which is offset by the savings in underground pipework etc.) (Niemczynowicz, et al., 1987) Table 1 gives US cost estimates for capital and maintenance costs of porous pavements (Landphair et al., 2000) Redeveloping Existing Installations Various jurisdictional stormwater management and mitigation plans (SUSMP, WQMP, etc.) define "redevelopment" in terms of amounts of additional impervious area, increases in gross floor area and/or exterior construction, and land disturbing activities with structural or impervious surfaces. The definition of " redevelopment" must be consulted to determine whether or not the requirements for new development apply to areas intended for redevelopment. If the definition applies, the steps outlined under "designing new installations" above should be followed. January 2003 California Stormwater BMP Handbook 5 of 10 New Development and Redevelopment www.cabmphandbooks.com B / R 0 \ \ : : \ / m m / \ E / § q / cn @ �\ E2 E \\ ® 30 /= e'er 2 \\\cu \\ \ /\ O � §\�� §J� _0 St \ a) ==.E§ iG =/% 0 ±/2{ '°E0 \oE.% ES 2\®> §\E °/& @ w3 /¥\3 \E» §b0 \ 3§ \2m o—> G°)/22 Je a k U \ 0 } E cu fCo e\] >25 I R\� )k\ �\\ \D \�( m\2 77\ E_7 0EE o00 o z_ k E % \ k 2 2 2 a) § / o 2 / = // o ± =cn / m � m = ® ° 0 f § /§5 \y / \\\ f 2E\ EM \ (/3 J\f Bm £ » 2 E /5\ �\ 0�5 / \z \2 \ \rE 0_Q\ 0< =.g = r ]_ \}.E Do » E{ /±3 ƒ\Q% �2 eE2 //» EE 8m/ \ \ k AMC: \(\ >w K) 0 4 =_� R ao ± a- <___ Ln \ 0./ ) a E =E § E a)\ J 7 8 e< ƒ m 2 k w w » 4