HomeMy WebLinkAboutContracts & Agreements_214-2016 Electronically Recorded in Official Records,County of San Bernardino 10112/2016
AM
BOB DUTTON EM 08:06
ASSESSOR-RECORDER-CLERK
367 City of Redlands Qerk
RECORDIN6 REQUESTED BY
AND WIIEN RECORDED MAIL,TO: Doc#: 20116-0423849 Titles- 1 Pages, 11
CITY CURIO Fees .00
CITY OF REDLANDS Taxes .00
P.O. BOX 3005
PAID .00
REDLANDS,CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
SPACL'.ABOVETIHS LINE'FOR RECORDER's USE,
STORMWATE'RTREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINI"'ENANCE AGREEM ENT
Assessor's Parcel Number(s)
0 167-041-04, -05, -14, -18 & -20, 0167-071-26
THIS AGREEMENT
is made and entered into this 5 day of 40CI I)V' —, 20.1 , by
and between Lennar Homes of California, Inc., a California Corporation ("Owner""), and the City of
Redlands, a municipal corporation ("City"). The Owner and the City are sometimes each
individually referred to herein as a"Patty"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 rel"crencc; and
WHEREAS, at the time of approval of the Owner's development project commonly known
as 510 West Pioneer Avenue and filed as Tract 18988 (the "Project"), the City required the Project
to employ on-site control measures to minimize pollutants in urban storniwater runoff, and
WHEREAS, the Owner has chosen to install Infiltration Basins and Catch Basin Inserts (the
"Devices") to minimize: pollutants in urban stormwater runoff, specifically described in Exhibit"C"
and shown in Exhibit "U" both of which are attached hereto and incorporated herein by this
rel'erence; and
WHEREAS, the Devices have been installed in accordance with plans and specifications
approved by the City;and
Ciay of Red�ands
A.cg eemern Version NOVEMBER 2013
WFIEREAS, the Devices being installed oil private property and draining only private
property, are private facilities with all maintenance or replaceilient therefor being the sole
responsibility of the Owner;and
WHEREAS, tile Owner is aware that periodic and continuous maintenance including, but
not necessarily limited to, filter material replacernent 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 Lennar Homes of California, Inc., a California
Corporation agree as follows:
AGREEMENT
1. The Owner hereby provides the City and its designees with full right of access to tile
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 tbr in Section 3. below. The City shall make
every effort at all tinles to minimize or avoid interference with the Owner's use of the
Property when undertaking Such inspections and repairs.
1 Tile 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 tile Owner"s representatives in
the removal and extraction ofmaterials from the Devices, and the ultirnate disposal of the
materials in a manner consistent with all applicable laws. As may be requested frorn 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 tile 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)clays after the Owner's receipt of the notice of expense until paid in full.
This Agreement affects County of San Bernardino Assessor's Parcel Nos. 01 Cal-041-04, -05, -14, -
18 & -20, 0167-071-26, and shall be recorded in the Official Records ofthe County of San
Bernardino at the expense of the Owner and shall constitute notice to all successors and assigns to
tile title to the Property of the obligations herein set forth, This Agreement shall also constitute a
lien against tile 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,
4. In event any action is commenced to enforce or interpret any of the ternis or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be
Cfly or Redlands
Agreemenr Vension NOVEMMn 2013
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
5, 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.
6W Time is of the essence in the performance of this Agreement.
7. Any notice to is 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 deemed 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 FIngineer Jeffrey 'T. Clemens
City of Redlands L,ennar Homes ofCal ifiornia, Inc., a Ca I i["ornia Corporation
P.O. Box 3005 980 Montecito Drive Suite 301
Redlands, CA 92373 Corona, CA 92879
& This Agreement shall be governed by and construed in accordance with the laws of the State
of California,
9. 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 WHERI'301', the Parties hereto have affixed their signatures as of the date first
written above.
CITY OF REDLAND& OWN .
U)
�ul W. Foster, Mayor Jeffrer. Clemens
Vice President
Lennar Homes ofCalifornia, Inc., a
California Corporation
Attest,
Sam Irwli-�� NyJlerk
Cdy 0R Redlands
Agmement Vcfsion NOVEMBER 20$3
ALL CAPACITY ACKNOWLEDGMENT
............
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 October 11, 2016 before me, Jeanne Donaldson, De uty City Clerk
(Date) (Name and tft4e of the officer)
personally appeared Paul W. Foster and Sam Irwin
(Name 01 person signing
who proved to me on the basis of satisfactory evidence to be the person s whose name s 4elare subscribed to
the wacknowledged within instrument and awledged to me that 1,4�ithey execute e same in name
authorized
capacityUg�), and that by 4iIthieir sjgli natureW on the instrument the person„ or the entity upon behalf of
which the person((acted, executed the nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true arid correct.
WITNESS my hand and official sea].
4
E I.)
6
r RA
Signature of officer
, ...........
2
Rev.01101/2015
I
California All-Purpose
Certificate of Acknowledgment
notary public or other officer completing this certificate verities 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 Ca i, rnia
County of
On before me, . 7
personally appeared _ ._ ...
who proved to me on the basis of satisfactory evidence to be the persons) whose nameN) is/ e
subscribed to the within instrument and acknowledged to me that hclskelt y executed the same i.n.
hisr r/their authorized capacit s), and that by his/hex tli it signatureN on the instrument the
person'),or the entity upon behalf of which the persons.)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.
a C4 MM, 42075519 z
POW•�n
z cc
Signatur4�q e
I (*W.P ' n.24!18
(Seal)
Exhibit A
Legal Description
REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS::
PARCEL 1: (APN: 0167-041-14)
ALL THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15,
TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
REDLANDS,ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR
GENERAL, DATED FEBRUARY 1 , 1869, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF SECTION 15;THENCE
NORTH 452.5 FEET ALONG THE WEST LINE OF SAID SECTION 15; THENCE EAST 670,6 FEET
MORE OR LESS, PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 15
TO THE WEST BOUNDARY LINE OF THE PROPERTY DESCRIBED IN 'DEED TO FREDERICK ARTH
RECORDED FEBRUARY 25, 1998 IN BOOK 409 OF DEEDS, PAGE 352, RECORDS OF SAID
COUNTY;THENCE SOUTH 452.5 FEET PARALLEL WITH THE WEST LINE OF SAID SECTION 15;
THENCE WEST 6'70.6 FEET„ MORE OR LESS,ALONG THE SOUTH LINE OF THE NORTHWEST 1/4
OF SAID 'SECTION 15,TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF SECTION 15.; THENCE
NORTH 0 DEG. 17" 15"WEST'39.24 FEET ALONG THE WEST LINE OF SAID SECTION 15;'TH'ENCE.
SOUTH 89 DEG. 10' 15" EAST 6'63.36 FEET" THENCE SOUTH 0 DEG. 17' 16" EAST 30.09 FEET TO A
POINT IN THE..SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15"
THENCE NORTH 09 DEG, 57'40"WEST 663.24 FEET ALONG THE SAID SOUTH LINE TO THE
POINT OF BEGINNING,.
PARCEL 2. (APN. 0167-041,-18-0-000)
THAT PORTION OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4,AND OF
THE.SOUTH 1/2 OF THE SOUTHWEST 1./4 OF THE NORTHWEST 1/4 OF SECTION 15,TOWNSHIP 1
SOUTH„ RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT
THEREOF, DESCRIBED AS FOLLOWS:
BEGIINNI'NG AT THE WEST 1/4 CORNER OF SAID SECTION 1.5, SAID CORNER ALSO BEING THE
INTERSECTIONS OF THE CENTER LINES OF 66 FOOT WIDE TEXAS STREET AND 40 FOOT WIDE
DOMESTIC AVENUE; THENCE SOUTH 0° 17"15" EAST,A DISTANCE OF 33 FEET ALONG SAID
CENTER LANE OF TEXAS STREET; THENCE SOUTH 89'° 57'40" EAST,A DISTANCE OF 663.24
FEET TO A POINT,THENCE NORTH 0° 1T15"WEST,A DISTANCE OF 63.09 FEET TO THE
NORTHEAST CORNER OF THE LAND DESCRIBED IN THE.DEED RECORDED JULY 27, 1964 IN
BOOK 6198, PAGE 75 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY; THENCE NORTH
89* 10' 15"'WEST,A DISTANCE OF 663.36 FEET TO A POINT ON THE CENTER LINE OF THE
HEREINABOVE DESCRIBED 66 FOOT WIDE TEXAS STREET; THENCE'.SOUTH 0° 17 15"" IEAS'T,A
DISTANCE OF 39.24 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 2.5.,00 FEET THEREOF, ALSO EXCEPTING
THEREFROM ALL URANIUM,THORIUM AND OTHER FISSIONABLE MATERIALS,ALL OIL, GAS,
PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS
AND MINERAL ORES OF EVERY KIND AND CHARACTER,WHETHER SIMILAR TO THESE HEREIN
SPECIFIED OR NOT,WITHIN OR UNDERLYING, OR WHICH MAY BE
PRODUCED FROM THE HEREINBEFORE DESCRIBED LAND, TOGETHER WITH THE: RIGHT'TO
USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500
FEET BELOW THE PRESENT SURFACE OF SAID LANG? FOR THE PURPOSE OF PROSPECTING
FOR, DE'V'ELOPING AND/OR EXTRACTING SAID URANIUM, THORIUM AND OTHER FISSIONABLE
MATERIALS, OIL, GAS, PETROLEUM,ASPHALTUM AND OTHER MINERAL OR HYDROCARBON
SUBSTANCES FROM SAID LAND, IT BEING EXPRESSLY UNDERSTOOD AND AGREED THAT IT
INCLUDE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR
ANY PORTION THEREOF TO SAID DEPTH OF 500 FEET, FOR ANY PURPOSE WHATSOEVER, AS
EXCEPTED AND RESERVED IN DEED FROM SOUTHERN CALIFORNIA EDISON COMPANY', A
CORPORATION, RECORDED FEBRUARY 29, 1972, IN BOOK 7870, MAGE 994, OFFICIAL RECORDS,
PARCEL 3: (PORTION APN: 0167-071-26-0-000)
THE WEST 1/2 OF THE EAST 162 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 114 OF SECTION
15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO
GOVERNMENT SURVEY, BEING ALSO KNOWN AS LOT 35 OF TOLLES LUGONIA DRAWING,
SAVING AND EXCEPTING THEREFROM THAT PORTION CONVEYED TO ELIZABETH C.ARTH, BY
DEED DATED JULY 5, 1916, AND RECORDED NOVEMBER 16a, 1917, IN BOOK 627 OF'DEEDS,
PAGE 30, AND DESCRIBED AS FOLLOWS:THAT PORTION OF THE WEST 1/2 OF THE EAST 1/2 OF
THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 1 SOUTH, RANGE 3
WEST„ DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE.WEST LINE, 246 FEET, MORE OR LESS, NORTH OF THE.
OVERFLOW'POINT OF THE WIIER BOX.AT THE SOUTHWEST CORNER OF SAID PROPERTY;.
THENCE EAST 22 FEET; THENCE NORTH 31 FEET;THENCE WEST 22 FEET; THENCE SOUTH TO
THE POINT OF BEGINNING,
ALSO EXCEPTING A RIGHT OF WAY FOR DRIVEWAY PURPOSES AND FLUME AND PIPE LINE
ALONG THE WEST SIDE OF SAID PROPERTY. ALSO EXCEPTING ANY PORTION LYING WITHIN
THE BOUNDARIES OF PIONEER STREET,
PARCEL 4: (APN: 0167-041-20-0.000)
THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 15,TOWNSHIP 1 SOUTH, RANGE 3 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS
FOLLOWS:
BEGINNING 1692 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4, THENCE
WEST 289.5 FEET;THENCE NORTH 30 FEET;THENCE EAST 10 FEET; THENCE NORTH '1327.8
FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE PROPERTY CONVEYED BY J. S.
WESTFALL AND WIFE TO D. W. FENTON BY DEED DATED SEPTEMBER 25, "1901,AND
RECORDED OCTOBER 4, 1901, IN BOOK 307 OF DEEDS, PAGE 335; THENCE SOUTH 42° 36'
EAST, 327.3 FEET ALONG SAID NORTHERLY (LINE TO AN ANGLE POINT THEREIN;THENCE
SOUTH E30 24" EAST 50.5 .FEET; THENCE SOUTH 1112 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM A RIGHT OF WAY FOR DRIVEWAY PURPOSES AND FLUME AND PIPE
LINE ALONG THE WEST SIDE OF SAID PROPERTY.
PARCEL 5: (APN : 0167-041-04-0-000)
THAT PORTION OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 1'
SOUTH, RANGE 3 WEST, 'SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO GOVERNMENT
SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH 16701.6 FEET EAST AND 912 FEET NORTH OF THE SOUTHWEST
CORNER.OF THE NORTHWEST 1/4 OF SAID SECTION 15; THENCE NORTH 437 FEET, MORE OR
LESS, TO THE NORTHERLY LINE OF THE PROPERTY CONVEYED BY J. S. WESTFALL AND WIFE,
TO D. W, F. FENTON, BY DEED DATED SEPTEMBER 25, 1901,AND RECORDED OCTOBER 4, 1961,
IN BOOK 307 OF DEEDS, PAGE 335; THENCE NORTH 42°36WEST ALONG SAID NORTHERLY
LINE, 276 FEET, THENCE SOUTH 1°3'5'WEST, 632 FEET, THENCE SOUTH 890 25'EAST, 205.1
FEET TO THE POINT OF BEGINNING.
PARCEL 6: (APN: 0167-041-05-0-000)
THAT PORTION OF THE NORTHWEST 1/'4 OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA„ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT WHICH IS 670.6 FEET EAST AND 469 FEET NORTH OF THE SOUTHWEST
CORNER OF SAID NORTHWEST 1/4 OF SECTION 15;THENCE NORTH 89*25"WEST,294.5 FEET;
THENCE NORTH 00 20° EAST,470 FEET;THENCE SOUTH 890 25'EAST, 84.3 FEET, MORE OR
LESS, TO THE WEST LINE OF THE PROPERTY CONVEYED BY PETER ARTH AND WIFE, TO
FREDRICK ARTH BY DEED DATED JULY 7, 1909, AND RECORDED JULY 8, 1909, IN BOOK 439 OF
DEEDS, PAGE 164 THENCE SOUTH 1° 35'WEST', 27 (FEET; MORE OR LESS,TO THE SOUTHWEST
CORNER OF SAID PROPERTY CONVE'YE'D BY DEED RECORDED IN BOOK,439 OF DEEDS, PAGE
164,.THENCE SOUTH 890 25"EAST, 208.1 FEET TO THE SOUTHEAST CORNER OF SAID
FRED'RICK ARTH PROPERTY;THENCE SOUTH 443 FEET TO THE POINT OF BEGINNING,
PARCEL T. (PORTION APN: 0167-071 -26-0-000)
THAT PORTION OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST„ SAN BERNARDINO
BASE AND MERIDIAN, 1N THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WEST LINE, 246 FEET, MORE OR LESS, NORTH OF THE
OVERFLOW POINT OF THE WWIER BOX AT THE SOUTHWEST CORNER OF SAID PROPERTY;
THENCE EAST 22 FEET;THENCE NORTH 31 FEET„ THENCE WEST 22 FEET; THENCE SOUTH TO
THE POINT OF BEGIN NING,zp� .
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Aaron'rhoma. Skeers P.L.S. 86014 '
Expiration Date: 12/31117
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Exhibit
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Exhibit C
Stornmater Pollution Control Devices
Stormwater Pollution C1 1 Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance FregUency
Device Provided By
I TC(I11, Infilt ./1 ioiiot Basin 34.08518 117.19094 CFD Pe CFD
D
TC-I 1, Infiltration Basin 34.08650 117.18825 CFI Per CFU
(Riverview Ave./Lot B)
Catch Basin Insert 34.08465 117.19091 CFD Per CFF}
3 (Domestic Ave.
NortLiw ,terly Catch Basin
Catch Basin Insert 34.08465 117.191380 CFU Per CFD
4 (Domestic Ave.
Northeasterly Catch Basin)
Catch Basin Insert 34M455 117.19091 CFF) Per CFD
5 (Domestic Ave.
Southerly Catch Basin)
Catch Basin Insert 34.{F 24 117.18834 CFD Per CFD
C (Riverview Ave.
Northerly Catch Fusin)
Catch Basin Insert 34.08611 117-18824 CFF) Per CFU
7 (Riverview Ave.
Southerly Catch Basin)
5
9
10
Exhibit D
MP Mafia
CFD Maintained BM 's
0 1 00
�0 311
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INCH 300 FF.
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