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Home My WebLink AboutContracts & Agreements_49-2017 Electronically Recorded to Official Records County of San Bemardmo 3/2912017 BOB DUTTON C 47 AM GA L ASSESSOR RECORDER CLERK J. RECORDING REQUESTED BY "` 367 City of Redlands Clerk AND WHEN RECORDED MAIL TO Doc#" 2017-0128979 Titles 1 Pages s CITY CLERK Fees no C11 Y OF REDLANDS Taxes 00 P 0 BOX 3005 Ofher no REDLANDS, CA 92373 PAID no FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LFNIE FOR RECORDER S USE. STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0300--222-30 & 0300-222-21, 27, &28 THIS AGREEMENT is made and entered into this _ day of M tvr ck� 2017, by and between Bonita Development Company, LLC ( Owner"), and the City of Redlands, a municipal corporation (' Citv'') 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 Bonita Development at Live Oak Canyon in the City of Redlands and filed as GP-14-0069, Tract 17265 (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 infiltration trenches and water quality inlets (the "Devices") to minimae 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 CRY or Red''and. Agreement Version 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 as 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 an effect at the time such maintenance occurs, NOW, THEREFORE, an consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and Bonita Development Company agree as follows AGREEMENT I The Owner hereby provides the City and its designees with full right of access to the Devices and the Owner's Property an 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 tames 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 an 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 an the removal and extraction of materials from the Devices, and the ultimate disposal of the materials an 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 as 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 an full 4 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0300-222-30, 0300-222-21, 27, & 28, and shall be recorded an 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 an payment City of Redlands 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 b 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 fature 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 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 City of Redlands Bonita Development Company, LLC P O Box 3005 401 W 0 Street Redlands, CA 92373 Beaumont, CA 92223 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 REDLAND OWNE Paul W Foster, Mayor Jay tz, Mana in emeber, Bonita De 1 ment Co any Attest Je e Donaldson, City Clerk City of Redlands 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 document STATE OF al:l— COUNTY OF On /0 J 09-0/'Z_before me �kl to} C� {Name an €e of the officer} personally appeared �� who proved to me on th basl of satisfactory evid e to betthespessigning)}}whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they execute fhe same in his/her/the€r authorized capac€ty(ies), and that by his/her/their signature(s)o which the person(s)acted, executed the instrument n the instrument the person(s), or the entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph €s true and correct WITNESS my hand and official seal' SHERI M RYAN ' Al' �/ ,L Com ytPubli #2025574 V (� !- _C Kolar Public-California Signature of icer // San Bernardino County V ,qV W ,u, Ila ,ll Com eg Jun 4l Rev ci m1/2o15 Exhibit A Legal Description PARCEL NO 1 THE EAST 112 OF GOVERNMENT LOT 6, SECTION 7, TOWNSHIP 2 SOUTH, RANGE 2 WEST, SAN BERNERDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF PARCEL NO 2 THE SOUTHEAST 1/40F THE SOUTHWEST Y4 OF GOVERNMENT LOT 3, SECTION 7, TOWNSHIP 2 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF SAVING AND EXCEPTING THE SOUTH 30 FEET PARCEL NO 3 THE SOUTH 30 FEET OF LOT 3, SECTION 7, TOWNSHIP 2 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF EXCEPTING THEREFROM ANY PORTION LYING WITHIN LIVE OAK CANYON ROAD APN 0300-222-21 AND 0300-222-27 AND 0300-222-28 AND 0300-222-30 PARCEL LIVE OAK NO 3 � CANYON RD N sc&E i• _ +oo' EXHIBIT B SITE BOUNDARY MAP Exhibit C Stormwater Pollution Control Devices Stormwater Pollution ! ! Devices BMP BMP or Pollution Control Lat Long Maintenance Frequency # Device Provided By TC 10 Infiltration Trench 3400434 117 13104 CFD 1 Remove sediment and I (DMA A) debris as necessary and TC-10 Infiltration Trench 3400476 117 13153 CFD beginning and end of the 2 wet season (DMA B) 2 Observe monitoring TC-10 Infiltration Trench 3400577 117 13165 CFD wells 48 hours after storm 3 (DMA C) events to check infiltration capacity TC-10 Infiltration Trench 3400669 117 13133 CFD 3 See Form 5 1 of WQMP 4 (DMA D) for additional required TC-10 Infiltration Trench 3400760 117 13108 CFD maintenance 5 (DMA E) TC 10 Infiltration Trench 3400891 117 13124 CFD 6 (DMA F) TC-50 Water Quality Inlet 34 004338 117 13104 CPD Inspect at the beginning 7 Catch Bann Insert(DMA A) 6 and end of wet season Manufacturers TC-50 Water Quality Inlet 34 004921 117 13162 CFD 8 Q y recommendations include It Catch Basin Insert(DMA B) 7 1 Remove grate and TC-50 Water Quality Inlet 34 005936 117 13148 CFD inspect for defects and 9 Catch Bann Insert(DMA C) 5 illegal dumping 2 Remove collected TC-50 Water Quality Inlet 34 006826 117 13128 CFD materials from liner using 10 Catch Basin Insert(DMA D) 3 industrial vacuum TC-50 Water Quality Inlet 3 3 Filter liner,gaskets,4 007782 117 13108 CFD stainless steel frame,and 11 Catch Bann Insert(DMA E) 3 mounting brackerts shall be 12 TC-50 Water Quality Inlet 34 009078 117 13122 CFD inspected for serviceability Catch Basin Insert(DMA F) 5 4 Filter medium pouches inspected for defects and continued serviceability and replaced as necessary (at least once per year) See the WQMP document, Attachment D or www kristar corn for additional maintenance information ` LEGEND •c ' o a®o CONSTRUCTION BOUNDARY I k.. f,i� WATER QUALITY INLET CATCH BASIN INSERT I,. INFILTRATION TRENCH LOCATION PROPOSED STORM DRAIN I]NORTH BASIN --- PROPOSED LOT LINE z, Y m m PROPERTY BOUNDARY SITE PLAN - - I, � I= GRADING PLAN I 4 77 I ! r I BMP#12 TC-50 WATER QUALITY INLET CATCH BASIN INSERT LAT'34.00907$ LONG 317 333225 DMA F i BMP;r 6 IWESTSABIN I . I TC.10INFILTRATION TRENCH LAT 34.008925,LONG 117131238 OMAF F I BMP#11 TC-50 WATER QUALITY INLET CATCH BASIN INSERT a LAT 34007782 LONG 117131083 I DMA E I r—k BMP#5 TC 30 INFILTRATION TRENCH LAT 34.007656,LONG 117131076 DMA BMP#10 �- -----�TC-50 WATER QUALITY INLET CATCH BASIN INSERT o T304A06826,LONG 117131283 F I ` I TC-101NFILTRATION TRENCH I E r I LAT 34.006703 LONG 117131323 i I i DMA 6 u A �t 3 I smp#s ' I TC-50 WATER QUALITY INLET CATCH BASIN INSERT +: r LAT 34.005936 LONG 117 131485 DMA IIST aRM nRAIN r- I BMP#3 TC•10INFILTRATION TRENCH ` �a i 1 !AT 34.005779 LONG 117131551 DMAC _ BMP#8 r ! —I TC-50 WATER QUALITY INLET CATCH BASIN INSERT LAT 34.0 04921 LONG 117131627 a 1 o I i f N DMA 1 ''I.BMP#2 TC-10 INFILTRATION TRENCH LAT-34.004756 LONG 117131525 i 4� DMA in s I 1 BMP#7��A _. TC.50 WATER QUALITY INLET CATCH BASIN INSERT LAT 34.004415,LONG 117131123 I i I DMAA t \� I BMP#1 �/%�� I TC-10 INFILTRATION'TRENCH ,y __ LAT 34.flD4338 LONG 317 3 31046 . xI I DMAA vj o I , I Lu I N ` LIVE OAK CA YON z SOUTH BASIN om mm mw C O §. I N G LE[--)*N 0 150 300 600 BON{TA DEVELOPMENT y EXHIBIT D LOCATION MAP c - - Ia�caa�euml� .c��w.lidYiu6iWs:m'.s:�:'"` Feet POST CONSTRUCTION BMPs Ciuif Enpinnnriryr Su�negry:� F'Iannin_� .c