HomeMy WebLinkAboutContracts & Agreements_3-2017RECORDING 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
Electronically Recorded in Official Records, County of San Bernardino
BOB DUTTON
c xk
ASSESSOR - RECORDER - CLERK
J 367 City of Redlands Clerk
Doc #: 2017-0005323 Titles: 1
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Fees
Taxes
Other
PAID
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
APN 0176-073-43
1/04/2017
04:39 PM
BS
Pages
THIS AGREEMENT is made and entered into this rq day of-Decmbex , 20L6 by
and between Gail Gerrard Rice Revocable Trust ("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 the Gerrard Residence (324 West Mariposa Drive) (the "Project"), the City required the Project to
employ on-site control measures to minimize pollutants in urban stormwater runoff, and
WHEREAS, the Owner has chosen to install Bio Infiltration Basins (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 Version NOVEMBER 2013
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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 Pacific American Development agree as follows:
AGREEMENT
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. 0176-073-43 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.
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
City of Redlands
Agreement Version NOVEMBER 2013
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.
8. 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 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 Engineer Gail Gerrard Rice Revocable Trust
City of Redlands 324 West Mariposa 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 affixed their signatures as of the date first
written above.
CITY OF REDLANDS: OWNER:
Paul W. Foster, MayorVustee 1 Gerra Rice
Gail Gerrard Rice Revocable Trust
Attest:
Sam Irwi , i Clerk
City of Redlands
Agreement Version NOVEMBER 2013
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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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 Califomia
County of
On i o — I before me,
Date
personally appeared I (i 1)��8�
ysarf Name and Title of the 04 r
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the per on(s) whose names 's re
stih
ibed to the within instrument and acknowled d to me that helh jthey executed the s in
hr their authorized capacity(ies), and that by his /their signature(s)'On the instrument the person(s),
oentity uponbehalf of which the person(s) acte , executed the instrument.
Place Notary Seal Above
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.
f a
Signature., j
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited General
❑ Individual ❑ Attorney in Fact
• Trustee ❑ Guardian or Conservator
• Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General
Individual ❑ Attorney in Fact
Ej Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Exhibit A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 OF RECORD OF SURVEY AS FILED
IN BOOK 13, PAGE 31, RECORDS OF SAID COUNTY;
THENCE ALONG THE BOUNDARY OF SAID PARCEL 2, THE FOLLOWING DESCRIBED COURSES;
NORTH 4542'00" WEST, 175.00 FEET;
NORTH 30014'50" EAST, 350.80 FEET;
SOUTH 6713'00" EAST, 98.55 FEET;
SOUTH 4847'00" EAST, 168.75 FEET;
SOUTH 4418'00" WEST, 385.44 FEET TO THE POINT OF BEGINNING.
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Exhibit B
Plat Map
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Exhibit C
Stormwater Pollution Control Devices
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Stormwater PollutionControl
BMP
#
BMP or Pollution Control
Device
Latitude
Longitude
Maintenance
Provided By
Frequency
1
B-1
Bio -Infiltration Basin
34.0269640
-117.1589940
Owner
Yearly
2
B-2
Bio -Infiltration Basin
34.0268470
-117.159058°
Owner
Yearly
3
4
5
6
7
8
9
10
NpFESS/0/�
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Exhibit D
BMP Map
A.P.N. 0176-073-43
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B-1
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January 28, 2016