HomeMy WebLinkAboutContracts & Agreements_168-2016 Recorded in Official Records, County of San Bernardino 8/11/2016
10:PLEASE COMPLETE THIS INFORMATION - BOB DUTTON NG AM
ASSESSOR — RECORDER — CLERK SAN
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RECORDING REQUESTED BY: `
CITY OF REDLANDS
AND WHEN RECORDED MAIL TO: C Priority Mail
CITY CLERK Dock 2016—0324821 Titles: 1 Pages: 10
CITY OF REDLANDS
Fees 0.00
PO BOX 3005 Taxes 0.00
REDLANDS, CA 92373 other 0.00
11111111111111111111111111111111 ?AID $0.00
AGREEMENT
U A DA 0 E
D D D
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION-6103
SPACE ABOVE THTS T.TNE FOR RECORDER'S USE
92
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
300-231-58
THIS AGREEMENT is made and entered into this q day of A V uS`r 2016,by
and between Kristen Seiberling and Andrew Arturi, wife and husband as joint tenants
("Owner"), and the City of Redlands, a municipal corporation ("City"). The Owner and the
City are sometimes each individually referred to herein as a "Party" and, collectively, as the
"Parties."
RECITALS
WHEREAS, the Owner owns real property ("Property") in the City specifically described in
Exhibits"A" and"B"which are attached hereto and incorporated herein by this reference; and
WHEREAS, at the time of approval of the Owner's development project commonly known
as Lot 21 of Tract Map 15469 (13090 Silverleaf Court) and filed as 13090 Silverlea£ Court (the
"Project"), the City required the Project to employ on-site control Treasures to minimize pollutants
in urban stonuwater runoff; and
WHEREAS, the Owner has chosen to install infiltration trenches (the "Devices") to
minimize pollutants in urban stormwater runoff; specifically described in Exhibit"C" and shown in
Exhibit"D"both of which are attached hereto and incorporated herein by this reference; and
WHEREAS, the Devices have been installed in accordance with plans and specifications
approved by the City; and
City of Redlands
Agreement Vers€an NOVEMBER 2013
WHEREAS, the Devices being installed on private property and draining only private
property, are private facilities with all maintenance or replacement therefor being the sole
responsibility of the Owner; and
WHEREAS, the Owner is aware that periodic and continuous maintenance including, but
not necessarily limited to, filter material replacement and sediment removal is required to assure
proper performance of the Devices and that such maintenance activity will require compliance with
all Federal, State and local laws and regulations, including those pertaining to confined space and
waste disposal methods in effect at the time such maintenance occurs;
NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual
promises contained herein,the City of Redlands and Andrew Arturi and Kristin Seiberling agree as
follows:
AGREEMENT
1. The Owner hereby provides the City and its designees with full right of access to the
Devices and the Owner's Property in the immediate vicinity of the Devices (a) at any time,
upon reasonable notice; or (b) in the event of emergency, as determined by the City
Engineer with no advance notice; for the purpose of inspecting, sampling and testing of the
Devices, and in cases of emergency, to undertake all necessary repairs or other preventative
measures at the Owner's expense as provided for in Section 3, below. The City shall make
every effort at all times to minimize or avoid interference with the Owner's use of the
Property when undertaking such inspections and repairs.
2. The Owner shall diligently maintain the Devices in a manner consistent with the
manufacturers' recommended maintenance schedule to ensure efficient performance. All
reasonable precautions shall be exercised by the Owner and the Owner's representatives in
the removal and extraction of materials from the Devices, and the ultimate disposal of the
materials in a manner consistent with all applicable laws. As may be requested from time to
time by the City, the Owner shall provide the City with documentation identifying the
materials removed,the quantity and the location of disposal destinations,as appropriate.
3. In the event the Owner fails to perform the necessary maintenance required by this
Agreement within thirty(30) days of being given written notice by the City to do so, setting
forth with specificity the action to be taken, the City is authorized to cause any maintenance
necessary to be done and charge the entire cost and expense to the Owner, including
administrative costs, attorneys' fees and interest thereon at the maximum rate authorized by
law, twenty(20) days after the Owner's receipt of the notice of expense until paid in full.
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 300-231-58, and
shall be recorded in the Official Records of the County of San Bernardino at the expense of
the Owner and shall constitute notice to all successors and assigns to the title to the Property
of the obligations herein set forth. This Agreement shall also constitute a lien against the
Property in such amount as will fully reimburse the City, including interest as herein above
set forth, subject to foreclosure in event of default in payment.
City of Redfands
Agreement Version NOVEMBER 2013
5. In event any action is commenced to enforce or interpret any of the: terms or conditions of
this Agreement the prevailing Party shall, in addition. to any 'costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
6. It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute
equitable servitudes that run with the Property and shall be binding upon future owners of all
or any portion of the Property. Any owner's liability hereunder shall terminate at the time it
ceases to be an owner of the encumbered Property, except for obligations which accrue prior
to the date of transfer by such owner, which shall remain the personal obligation of such
owner.
7. Time is of the essence in the performance of this Agreement.
S. Any notice to a Party required or called for in this Agreement shall be served in person, or
by deposit in the U.S. Mail, first class postage prepaid., to the address set forth below.
Notice(s) shall be decreed effective upon receipt, or seventy-two (72) hours after deposit in
the U.S. Mail, whichever is earlier. A Party may change notice address Only by providing
written notice thereof to the other Party.
CITY OWNER
City Engineer Andrew Arturi and Kristin Sciberling
City of Redlands 12607 La Solana Drive
P.O. Box 3005 Redlands, CA 92373
Redlands, CA 92373
9. This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
10� Any amendment to this Agreement shall be in writing and approved by the City Council of
City and signed by the City and the Owner.
IN WITNESS WHEREOF,, the Parties hereto have affixedtheir signatures as of the date first
written above.
CITY OF REDLANDS: OWNER:
Paul W, Foster, Mayo�r An rew Arturi
Attest,
Kristin Seib ng
Sam Irwin ity ler :
City of Radlands
Agreement Version NOVEMBER 2013
ALL CAPACITY 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 docurrient.
STATE OF California
COUNTY OF San Bernardino
On August 4, 2016 before me, Jeanne Donaldson, Deputy City CIer1�
(mate) (Name and title of the officer)
personally appeared Paul W. Foster and Sari Irwin
(Name of person suq inn
who proved to me can the basis of satisfactory evidence to be the persarr s whose nameRs W ubscribed to
the within instrument and acknowl ed to me that t e executed the sa in tai heir utharized
capacit )es , and that toy lain thei �signatLA eQs an the ins rut
the persons or the entity upon behalf of
which the person sO acted, execute the instrument.
f certify under PENALTY OF PERJURY under the laws of the Mate of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
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Signature of officer m
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Rev. 01/01/2015
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 Bernardino )
On r�� U before me, Laura Jelisey, Notary Public
(insert name and title of the officer) t�
personally appeared
who proved to me on the basis of satisfactory evidence to be the person hose nam s i are
subscribe to the within instrument and acknowledgedXsc�ted,
that he/she he xecuted the same in
his/her ei authorized capacity ie , and that by his/he ignaturs�on the instrument the
persons or the entity upon behalf of which the perso 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.
LAURA JELLSEY
WITNESS my hand and official seal. Commission #2063627hlotar public-California �
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EXHIBIT C
STORM WATER POLLUTION CONTROL DEVICES
OWNER INFORMATION:
ANDREW ARTURI AND KRISTIN SEIBERLING
12607 LA SOLANA DRIVE
REDLANDS, CALIFORNIA 92373
SITE ADDRESS:
13090 SILVERLEAF COURT
REDLANDS, CALIFORNIA 92373
Stormwater PollutionControl '
BMP BMP or Pollution Latitude Longitude Maintenance Maintenance Frequency
# Control Device Provided By
CASQA TC-10 1. Before Rainy Season
I Infiltration 34.01464 117.12721 Property Owner 2. After Rainy Season
Trench 3. After 72 hours
standing Water
CASQA TC-10 1. Before Rainy Season
2 Infiltration 34.01456 117.12760 Property Owner 2. After Rainy Season
Trench 3. After 72 hours
standing Water
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