HomeMy WebLinkAboutContracts & Agreements_204-2017 Electronically Recorded In Official Records,County of San Bernardino 9/29/2017
BOB DUTTON 12 49 PM
FV
ASSESSOR RECORDER CLERK
RECORDING REQUESTED BYE`° 367 City of Redlands Clerk
AND WHEN RECORDED MAIL TO
Doc# 2017-0404152 Titles 1 Pages 9
CITY CLERK Fees 00
CITY OF REDLANDS Faxes 00
P O BOX 3005 other 00
REDLANDS, CA 92373 PAID 00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0174-221-35
THIS AGREEMENT is made and entered Into this 20 day of , r, d , 201-1 by and
between ALPESH KANTILAL PATEL AND SUNITA B PATEL,TRUSTEES OF THE ALPESH&SUNITA
PATEL LIVING TRUST 2010 ("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 PATEL RESIDENCE, 1693 MARION RD, REDLANDS, CA and filed as 2228-GP (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 (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 referred to as the Water Quality Maintenance Plan, and
City of Redlands
Agreement Version NOVEMBER 2013
WHEREAS, the Devices being installed on pnvate property and draining only private
property, are pnvate 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
necessanly limited to, filter matenal 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 ALPESH AND SUNITA PATEL LIVING
TRUST 2010 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 matenals 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 appropnate
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 authonzed 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 0174-221-35, 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 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 Parry 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
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
APLESH KANTILAL PATEL AND SUNITA B
City Engineer PATEL,AS TRUSTEES OF THE
ALPESH AND SUNITA PATEL LIVING
City of Redlands TRUST 2010
P O Box 3005 1524 HANFORD CT
Redlands, CA 92373 REDLANDS,CA 92374
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
CI_TY OF REDga L7ayor
= -- -- OWNER a „ `
Paul Foster, SUNITA B PATEL,AS TRUSTEE OF THE
ALPESH AND SUNITA PATEL LIVING TRUST
2010
Attest
ALPESH-11i iLAL PATEL,AS TRUSTEE OF
THE ALPESH AND SUNITA PATEL LIVING
TRUST 2010
*=Don7aldson, City Clerk
City of Redlands
Agreement Version NOVEMBER 2013
CALIFORNIA ALL- PURPOSE
ii
CERTIFICATE OF 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, E
and not the truthfulness, accuracy, or validity of that document
i
State of California }
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County of'-. a vi l`7-&rP/1 CLVd "r7 0
On b17 before me, ,
(Here insert name and title of the otfer)
personally appeared,-�Cdvn i Pa, e S 14 t oe-5k k U maw- ! 0i-eq
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s are ubscribed to the within ms ent and acknowledged to me that
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he/she t xecuted the same mhis/her their authorized capacity(ies), and that by
his/he thea signature(s) on the mstrumen the person(s), or the entity upon behalf of 1
which the person(s) acted, executed the instrument
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I certify under PENALTY OF PERJURY under the laws of the State of California that {
the foregoing paragraph is true and correctCA
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WITNESS my hand and official sealCOMM #2062S11 I
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Owe"M EVM Apr 24
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Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary ii of-ding and
DESCRIPTION OF THE ATTACHED DOCUMENT
deeded should be completed and attached to the document Acknowledgments DESCRIPTION
f
from other states ma} be completed fm documents being sent to that state so long
. f�, J as the wording does not require the California notary to violate California notary
a� lata
C (Title or deAptlon of'iittached�document) ® State and County information must be the State and County where the document I
signer(s)personally appeared before the notary public for acknowledgment
Date of notarization must be the date that the signer(s)personally appeared which I
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I ® Print the name(s) of document signers) who personally appear at the time of
I notarization i
CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i ei 11i
h€/shelth42p—is/are)or circling the correct forms Failure to correctly indicate tills t
J 171 Individual (s) mtormatton may lead to rejection of document recording
❑ Corporate Officer m The notary seal impression must be clear and photographically reproducible
Impression must not cover text or lines If seal impression smudges re seal it a
I sufficient area permits,otherwise complete a different acknowledgment torm I V
(Title) o Signature of the notary,public must match the signature on file with the office of
❑ Partner(s) the county clerk
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
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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 ofthat document /
STATE OF California
COUNTY OF San Bernardino
On before me [|@|tlyD (�ueSOOO. Deputy City ��[�
` / � . ' ` .
(D�e
(Name and��m*mo�ue)
personally appeared Paul W Foster and Jeanne Donaldson .
(Name person
vvhopmvedtomeonthe basis ofsat/�ectoryevidence to be the signing)
whose name(s) is/are subscribed to
the within instrument and acknowledged tomethat he/ahe/theyexeouusd the same mhm/hec/the/rauthorized
capacity(ies), and that by his/heritheir signature(s) on the instrument the person(s) orthe entity upon behalf of
which the person(a)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 myhand and official seal
~ .~ '�y
� Signature of officer
Rev 01/01/2015
Exhibit A
Legal Description
THAT PORTION OF LOT 24, CRAFTS MAPS OF REDLANDS HEIGHTS, IN THE CITY OF REDLAND, AS PER
PLAT RECORDED IN BOOK 11 OF MAPS, PAGE 16, RECORDS OF SAID COUNTY, HEREINAFTER DESCRIBED,
TOGETHER WITH THAT PORTION OF DAISY AVENUE, AS ABANDONED BY RESOLUTION NO, 389, DATED
JUNE 3, 1925, OF THE REDLANDS CITY COUNCIL, WHICH LIES CONTIGUOUS TO THE SAID PORTION OF
LOT 24
SAID PORTION OF LOT 24 BEING DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF
SAID LOT 24, THENCE NORTH 39 17 15" EAST 460 44 FEET ALONG THE NORTHWESTERLY LINE OF SAID
LOT 24, TO THE NORTHWEST CORNER THEREOF, THENCE SOUTH 59 55'22" EAST ALONG THE
NORTHERLY LINE OF SAID LOT 24, 157 90 FEET, THENCE SOUTH 39 17 15 WEST, PARALLEL TO THE
NORTHWESTERLY LINE SAID LOT 24, 377 50 FEET TO A POINT IN THE SOUTH LINE OF LOT 24, THENCE
NORTH 85°29' 10 WEST ALONG THE SOUTH LINE, 189 75 FEET TO THE POINT OF BEGINNING
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION CONVEYED TO THE CITY OF
REDLANDS, BY DEED RECORDED JANUARY 10, 1964, IN BOOK 6064, PAGE 413, OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 24, THENCE NORTH 39 17 15" EAST, ALONG
THE WEST LINE OF SAID LOT 24, 30 44 FEET TO A POINT, SAID POINT BEING AT THE INTERSECTION OF
THE NORTH LINE OF MARIAN AVENUE AND THE WEST LINE OF LOT 24 AND BEING ALSO THE TRUE POINT
OF BEGINNING, THENCE FROM SAID POINT OF BEGINNING, SOUTH 85° 29' 10 EAST, ALONG THE NORTH
LINE OF MARIAN AVENUE, 189 75 FEET, THENCE NORTH 39° 17 15 EAST, 6 09 FEET, THENCE NORTH
85 29 10 WEST, 189 75 FEET TO THE WEST LINE OF SAID LOT 24, THENCE SOUTH 39° 17 15' WEST,
6 09 FEET TO THE TRUE POINT OF BEGINNING
I lu i I
EXHIBIT B
PLAT MAP
(N39°19'08"E, 423 81', R1)
[N39°17'15"E, 423 91', R21
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O \ > >
oo>ov,
\ s
N
\' N
\ in
O o�
2500 c`fl�
(N39°19'08"E, 34441' R1) Z
[N39°17'15"E, 340 97', R2]
SCALE 1"= 50' \
0 50 100 \
\
* (xxxxx.xxxx, R1)DENOTES DIMENSIONS AND BEARINGS
PER RECORD OF SURVEY AS RECORDED IN BOOK 117,
PAGE 60 OF RECORD OF SURVEYS, COUNTY OF SAN
BERNARDINO.
* [xxxxx xxxx, R2] DENOTES DIMENSIONS AND BEARINGS
PER GRANT DEED
Exhibit C
Stormwater Pollution Control Devices
Stormwater Pollution 1 1 Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
INFILTRATION TRENCH 34 04206 -117 14407 OWNER PRIOR TO
STORMS &
1 48 HOURS
AFTER
STORMS
INFILTRATION TRENCH 34 04288 -117 14326 OWNER PRIOR TO
STORMS &
2 48 HOURS
AFTER
STORMS
3 GRAVEL LINED SWALE 34 04232 -117 14387 OWNER WEEKLY
4 GRAVEL LINED SWALE 34 04265 -117 14309 OWNER WEEKLY
CATCH BASIN 34 04267 -117 14342 OWNER AFTER
EVERY
STORM
AND
5 MONTHLY
IN DRY
SEASON
CATCH BASIN 34 04260 -117 14319 OWNER AFTER
EVERY
STORM
6 AND
MONTHLY
IN DRY
SEASON
7
8
I
EXHIBIT D
BMP LOCATION MAP
\ BMP 3, GRAVEL BMP 5 CATCH BASIN /
LINED SWALE
• NEW HOUSE
13 c
t
ao " F-1\ E
NEW cn
DRIVEWAY z
LL1
W
\ i
BMP 6 CATCH BASIN
BMP 4, GRAVEL
\ LINED SWALE
SCALE 1"= 50' BMP 1
INFILTRATION BMP 2
0 50 100 TRENCH (10'x38') INFILTRATION
TRENCH (10'x52')