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Home My WebLink AboutContracts & Agreements_92-2017 Electronically Recorded in Official Records,County of San Bernardino 6/0612017 BOB DUTTON C 41 AM CG ASSESSOR RECORDER CLERK RECORDING REQUESTED BYE`° 367 City of Redlands Clerk AND WHEN RECORDED MAIL TO Doc# 2017-0229454 Titles 1 Pages CITY CLERK Fees 00 CITY OF REDLANDS Taxes 00 P O BOX 3005 other 00 REDLANDS, CA 92373 PAID 00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6143 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0176-031-52 THIS AGREEMENT is made and entered into this day of �A2011 by and between Christ the King Lutheran Church ("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 1505 Ford Street and filed as CUP 114-R2 (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 a Rain Garden and Inlet Filter Inserts (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 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 City of Redlands Agreement Version NOVEMBER 2013 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 Christ the King Lutheran Church 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 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0176-031-52, 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 4 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 City of Redlands Agreement Version NOVEMBER 2013 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 6 Time is of the essence in the performance of this Agreement 7 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 George Beliew City of Redlands Christ the King Lutheran Church P O Box 3005 1505 Ford St Redlands, CA 92373 Redlands CA 92373 8 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 WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS OWNER Paul W Foster, Mayor GeorVel Owner Christ the King Lutheran Church Attest J anne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 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 May 10, 2017 before me, Rebecca Michelle Newbry, Notary Public (insert name and title of the officer) personally appeared George Beliew who proved to me on the basis of satisfactory evidence to be the person(4 whose name i sMbscribed to the within instrument and acknowledged to me that F /tI>6y executed the same in h' r/tlwrrr authorized capacity(i,ps'j, and that b�Dgetw signature('on the instrument the person, or the entity upon behalf of which the personW 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 +++•+' o. +REBECCA MICHELLE NEWBRY; WITNESS my hand and official alp d`• COMM#2152437 N "'Se y: NOTARY PUBLIC CALIFORNIA SAN BERNARDINO COUNTY ,* •+,. My Commission Expires May 8 2020 + Signat a (Seal) • 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 California COUNTY OF San Bernardino On / ` � —T before me, Caltivn Guesnon, Administrative Assistant (Date) Name and title of the officer) personally appeared Paul W Foster and Jeanne Donaldson (Name of person signing) 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 �� 0� P E D j4/2, A� tp WJ igna ure of officer IW' o`�`� Rev 01/01/2015 EXHIBIT A PROPERTY DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS ALL THAT PORTION OF GOVERNMENT LOT 4 IN THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 2 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 THE CENTER LINE INTERSECTION OF FORD STREET AND SOUTH AVENUE,THENCE ALONG SAID CENTER LINE OF SOUTH AVENUE,NORTH 89° 36' 15"EAST,444 00 FEET(440 00 FEET,TRACT NO 7015, AS PER PLAT RECORDED IN BOOK 90 OF MAPS, PAGES 3 AND 4, RECORDS OF SAID COUNTY), THENCE ALONG THE WEST LINE OF SAID TRACT NO 7015 SOUTH 10 42' 30" EAST (SOUTH V 43' 17" EAST, PER TRACT NO 7015), 513 00 FEET, THENCE SOUTH 89° 36' 15" WEST, 444 00 FEET TO A POINT IN THE CENTER LINE OF SAID FORD STREET, THENCE ALONG SAID CENTER LINE NORTH 1° 42' 30" WEST, 513 00 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THE FOLLOWING BEGINNING AT CENTERLINE INTERSECTION OF FORD STREET AND SOUTH AVENUE,AS THE SAID CENTER LINES ARE SHOWN ON SAID RECORD OF SURVEY, THENCE SOUTH 1° 42' 30" EAST, 630 74 FEET, THENCE PERPENDICULAR TO SAID CENTER LINE OF FORD STREET NORTH 880 17' 30" EAST, 44 FEET, THENCE NORTHERLY ALONG A LINE PARALLEL TO AND 44 FEET DISTANT FROM THE SAID CENTER LINE OF FORD STREET NORTH 10 42' 30" WEST, 586 43 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 13 FEET AND A CENTRAL ANGLE OF 91° 18' 45", THENCE ALONG THE SAID CURVE TO THE RIGHT, 20 72 FEET TO A POINT OF TANGENCY, THENCE NORTH 0° 23' 45" WEST, 30 FEET TO THE CENTERLINE OF SOUTH AVENUE, THENCE ALONG THE CENTER LINE OF SOUTH AVENUE, SOUTH 890 36' 15" WEST 57 99 FEET TO THE INTERSECTION OF CENTER LINE OF FORD STREET AND SOUTH AVENUE,AND THE TRUE POINT OF BEGINNING APN 0176-031.-52-0-000 LAIVO AARON THOMAS SKEERS Aaron Thomas Sheet P L 5 8604 R 3 No 86,04 Expiration Date 12.'31/1 e &.4 EXP 92-39 a� �� 0 CAO�� m z 0 0 m D U3 co FORD ST — 0 rm Z $ Illill. n s = Cn r } cc r co l n 50-11) IL F !� cn u 0 Exhibit C Storrnwater Pollution Control Devices StormwaterPollution . BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 Rain Garden 34 032895 117 155023 Owner Weekly 2 Rain Garden 34 032925 117 155082 Owner Weekly 3 Inlet Filter Insert 34 032964 117 155139 Owner Weekly 4 Inlet Filter Insert 34 032909 117 155068 Owner Weekly 5 Inlet Filter Insert 34 032875 117 155005 Owner Weekly 6 7 8 9 10 EXHIBIT D BMP MAP JIV r r S SCALE 1" = 100' SOUTH AVE 51 BMP #1 a RAIN GARDE n BMP #2 RAIN GARD'EN All \ 32, �vz \ Or �. LLt f uy� .. Vic\\ E BNIP_#3 I F I LT I Nr�q,. r t H I I\LET Pte .: . Il\LE ITER INSERT _ —J 1 ENCOMPASS ASSOCIATES, INC