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HomeMy WebLinkAboutContracts & Agreements_239-2017 Electronically Recorded in Official Records,County of San Bernardino 11/13/2017 BOB DUTTON B 13 PM BS RECORDING REQUESTED BY ASSESSOR RECORDER CLERK AND WHEN RECORDED MAIL TO J367 City of Redlands Clerk CITY CLERK Doc# 2017-0475912 Titles 1 Pages 12 CITY OF REDLANDS Fees 00 P O BOX 3005 Taxes 00 REDLANDS, CA 92373 other 00 PAID 00 SPACE ABOVE THIS LIN'£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) 0298-052-10,11,12, & 13 THIS AGREEMENT is made and entered into this 9 TO day of 1�oVt�1`lt3l 2 , 2017,by and between Larry Jacinto, Trustee of the Larry Jacinto Living Trust dated October 4, 2001 ("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 Mentone Beach RV & Boat Storage, 1 l 55 Jasper Avenue and filed as CUP 1065 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban storm water runoff, and WHEREAS, the Owner has chosen to install an Infiltration Basin (the "Devices") to minimize pollutants in urban storm water 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 WHEREAS, the Devices being installed on private property and draining only private property, are private facilities with all maintenance of 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 perfonnance 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 Larry Jacinto Living Trust 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 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 Ownei 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 0298-052-10, 11, 12, & 13, 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 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 City of Redlands ,Agreement Version NOVEMBER 2013 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 Larry Jacinto, Trustee of the Larry Jacinto City Engineer Living Trust dated October 4,2001 City of Redlands P O Box 615 P O Box 3005 9555 Wabash Avenue Redlands, CA 92373 Mentone, CA 92359 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,Mayor 1,4gy Jacinto;T.. tee orth�Larry Jacinto Living Trust dated October 4, 2001 P.O Box 615 9555 Wabash Avenue Attest Menton, CA 92359 Mafnne Donaldson, City Clerk OPty of Redlands Ageernent 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 California COUNTY OF San Bernardino On \\ \ ")\ I 11, —1 before me Caitlyn Guesnon, Deputy City Clerk (Cate) (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 capac€ty(€es), 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 1' v >�Hcoapo,�Qrfi . Signature of"afficer • . 888 iilllllt111 Rev 01/01/2015 ALL- PURPOSE 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, and not the truthfulness, accuracy, or validity of that document State of California } County of San Bernardino } On November 7, 2017 before me, Robin Pain, Notary Public (Here insert name and title of the officer) personally appeared Larry Jacinto who proved to me on the basis of satisfactory evidence to be the person(s) whose names-) is re subscribed to the within instrument and acknowledged to me that e he/they executed the same in is er/their authorized capacity(les), and that by is er/their signatureO on the instrument the persons), 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 �,. .,,, ROBIN PAIN WIT S my hand d official seal c� : commission No 2215629 e► NOTARY PMIC-MIFORNIA w SAN BERNARDINO COUNTY /2 my Comm Empires OCTOBER 21 2021 Notary Public Signature —` (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document Acknolwedgents from other states may be completed for documents being sent to that state so long as the Stormwater Treatment Device and Control wording does not require the California notary to violate California notary law (Title or description of attached document) • State and County information must be the State and County where the document Measure Access& Maintenance Agrmt signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed 11/7/17 • The notary public must print his or her name as it appears within his or her Number of Pages 2 Document Date commission followed by a comma and then your title(notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e he/she/they—is/are)or circling the correct forms Failure to correctly indicate this Q Individual (s) information may lead to refection of document recording ❑ Corporate Officer • 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 (Title) sufficient area permits,otherwise complete a different acknowledgment form • 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 ❑ Trustee(s) acknowledgment is not misused or attached to a different document Other Indicate title or type of attached document number of pages and date F1 Other the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title(i.e CEO CFO Secretary) l Version vv , i _tali iasse-s_�,r, 'ter 8"5b • Securely attach this document to the signed document with a staple Exhibit A Legal Description (APN: 0298-052-10) PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO 515 AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 14, 2008 AS INSTRUMENT NO 2008-0457213 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THAT PORTION OF LOTS '1', 'J'. 'K' AND 'L' OF TRACT NO 7076, LOCATED IN THE CITY OF REDLANDS. AS PER PLAT RECORDED IN BOOK 91 OF MAPS PAGES 43 AND 44, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF THE SOUTH ONE-HALF OF FLORENCE AVENUE ADJOINING ON THE NORTH, ALSO TOGETHER WITH THAT PORTION OF THE ALLEYS LYING BETWEEN LOTS I' AND 'J' AND 'K' AND 'L', AS VACATED BY THE BOARD OF SUPERVISORS, RECORDED JUNE 24, 1964, IN BOOK 6176, PAGE 690, OFFICIAL RECORDS OF SAID COUNTY, ALSO TOGETHER WITH THAT PORTION OF CHRYSOLITE AVENUE LYING BETWEEN LOTS 'J'ANDW, PREVIOUSLY VACATED BY THE BOARD OF SUPERVISORS, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT-OF-WAY LINE OF WABASH AVENUE, 40 00 FEET WIDE ON THE EAST SIDE, AND THE CENTER LINE OF FLORENCE AVENUE, VACATED AS SHOWN ON SAID MAP OF TRACT, THENCE SOUTH 000 31' 4`1" EAST kLONG SAID EASTERLY RIGHT-OF-WAY LINE 145 00 FEET. THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE. NORTH 890 31' 26" EAST 196 94 FEET, THENCE SOUTH 000 14' 32" WEST 87 91 FEET, THENCE SOUTH 890 4528" EAST 487 55 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF JASPER AVENUE, 40 00 FEET WIDE ON THE WEST SIDE BEING THE EAST LINE OF SAID LOT 'I', THENCE NORTH 000 36' 06" EAST 226 34 FEET ALONG SAID WESTERLY RIGHT-OF- WAY LINE AND ITS NORTHERLY PROLONGATION TO AN INTERSECTION WITH SAID CENTER LINE OF FLORENCE AVENUE VACkTED, THENCE NORTH 890 25' 00" WEST 687 86 FEET ALONG SAID CENTER LINE OF FLORENCE AVENUE VACATED TO THE POINT OF BEGINNING ALSO TOGETHER WITH THAT PORTION OF JASPER AVENUE ALONG THE FRONTAGE OF SAID PARCEL A. VACATED BY CITY OF REDLANDS RESOLUTION NO 6648, RECORDED NOVEMBER 17, 2008, AS DOCUMENT NO 2008-0501090 OFFICIAL RECORDS OF SAID COUNTY (APN: 0298-052-11) PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO 515 AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 14, 2008 AS INSTRUMENT NO 2008-0457214 OF OFFICIAL RECORDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THAT PORTION OF LOTS 'K' AND 'L' OF TRACT NO 7076, LOCATED IN THE CITY OF REDLANDS, AS PER PLAT RECORDED IN BOOK 91 OF MAPS, PAGES 43 ND 44, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF THE ALLEY LYING BETWEEN SAID LOTS 'K' AND 'L' AS VACATED BY THE BOARD OF SUPERVISORS RECORDED JUNE 24 1964, IN BOOK 6176, PAGE 690, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT- OF-WAY LINE OF WABASH AVENUE, 40 00 FEET WIDE ON THE EAST SIDE AND THE CENTER LINE OF SAID FLORENCE AVENUE, VACATED AS SHOWN ON SAID MAP OF TRACT 7076, THENCE SOUTH 000 31' 42" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE 145 00 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 890 31' 26" EAST 196 94 FEET, THENCE SOUTH 000 14' 32" WEST 215 04 FEET, THENCE NORTH 90c' 00' 00" WEST 4 70 FEET, THENCE SOUTH 000 14' 32" WEST 69 63 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF NICE AVENUE, 30 00 FEET WIDE ON THE NORTH ONE- HALF, ALSO BEING THE SOUTH LINE OF A PORTION OF SAID LOT WAND LOT 'L', THENCE NORTH 89" 48' 41" WEST 188 43 FEET ALONG SAID NORTHERLY RIGHT- OF-WAY LINE TO THE SOUTHWEST CORNER OF SAID LOT 'L" BEING THE SOUTHERLY TERMINUS OF SAID EASTERLY RIGHT-OF-WAY LINE OF WABASH AVENUE, THENCE NORTH 000 3 P42" WEST 282 42 FEET ALONG SNID EASTERLY RIGHT-OF- WAY LINE TO THE TRUE POINT OF BEGINNING (APN. 0298-052-12) PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO 515 AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 14, 2008 AS INSTRUMENT NO 2008-0457215 OF OFACIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THAT PORTION OF LOTS 'J' AND 'K' OF TRACT NO 7076, LOCATED IN THE CITY OF REDL ANDS AS PER PLAT RECORDED IN BOOK 91 OF MAPS, PAGES 43 AND 44, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF CHRYSOLITE AVENUE LYING BETWEEN LOTS 'J' AND 'K', PREVIOUSLY VACATED BY THE BOARD OF SUPERVISORS, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY, DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT- OF-WAY LINE OF WABASH AVENUE, 40 00 FEET WIDE ON THE EAST SIDE AND THE CENTER LINE OF SAID FLORENCE AVENUE VACATED AS SHOWN ON SAID MAP OF TRACT 7076, THENCE SOUTH 000 31'42" EAST ALONG SAID NORTHERLY PROLONGATION OF THE EASTERLY RIGHT- OF-WAY LINE 145 00 FEET, THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 890 31' 26" EAST 196 94 FEET, THENCE SOUTH 000 14' 32" WEST 87 91 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 890 45' 28" EAST 236 22 FEET, THENCE SOUTH 000 14' 32" WEST 196 56 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF NICE AVENUE AS SHOWN ON SAID MAP, 30 00 FEET WIDE ON THE NORTH ONE-HALF, ALSO BEING THE SOUTH LINE OF A PORTION OF SAID LOT 'J', SAID LOT 'K' AND SAID VACATED CHRYSOLITE AVENUE, THENCE NORTH 890 48' 41" WEST 240 92 FEET ALONG SAID NORTHERLY RIGHT- OF-WAY LINE TO A POINT THAT BEARS SOUTH 890 48' 4 1" EAST 188 43 FEET FROM THE SOUTHWEST CORNER FROM SAID LOT 'L', THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE,NORTH 000 14' 32" EAST 69 63 FEET, THENCE SOUTH 900 00' 00" EAST 4 70 FEET, THENCE NORTH 000 14' 32" EAST 127 13 FEET TO THE TRUE POINT OF BEGINNING (APN 0298-052-13) PARCEL D 4S SHOWN ON LOT LINE ADJUSTMENT NO 515 AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 14, 2008 AS INSTRUMENT NO 2008-0457216 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THAT PORTION OF LOTS 'J' AND `I' OF TRACT NO 7076, LOCATED IN THE GTY OF REDLANDS, AS PER PLAT RECORDED IN BOOK 91 OF MAPS, PAGES 43 AND 44, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF THE ALLEY RUNNING BETWEEN LOT 'J' AND 'I', AS VACATED BY THE BOARD OF SUPERVISORS, RECORDED JUNE 24, 1964, IN BOOK 6176, PAGE 690, OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT-OF-WAY LINE OF WABASH AVENUE, 40 00 FEET WIDE ON THE EAST SIDE AND THE CENTER LINE OF FLORENCE AVENUE, VACATED AS SHOWN ON SAID MAP OF TRACT 7076, THENCE SOUTH 000 31' 42" EAST ALONG SAID NORTHERLY PROLONGATION AND EASTERLY RIGHT- OF-WAY LINE 145 00 FEET, THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 890 31' 26" EAST 196 94 FEET, THENCE SOUTH 00° 14' 32" WEST 87 91 FEET THENCE SOUTH 890 45' 28" EAST 236 22 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 890 45' 28" EAST 251 33 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF JASPER AVENUE, 40 00 FEET WIDE ON THE WEST SIDE, BEING THE EASTERLY LINE OF LOT 'I', THENCE SOUTH 003 36' 06" WEST 196 33 FEET ALONG SAID WESTERLY RIGHT-OF- WAY LINE TO THE SOUTHEAST CORNER OF SAID LOT T, SAID SOUTHEAST CORNER BEING -� POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF NICE AVENUE, 30 00 FEET WIDE ON THE NORTH SIDE AS SHOWN ON SAID MAP THENCE NORTH 89048' 41" WEST 250 10 ALONG SAID NORTHERLY RIGHT OF WAY LINE TO A POINT THAT BEARS SOUTH 89048' 41" EAST 429 35 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 'L' THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 000 14' 32" EAST 196 56 FEET TO THE TRUE POINT OF BEGINNING ALSO TOGETHER WITH THAT PORTION OF JASPER AVENUE, ALONG THE FRONTAGE OF SAID PARCEL D, VACATED BY CITY OF REDLANDS RESOLUTION NO 6648, RECORDED NOVEMBER 17, 2008, AS DOCUMENT NO 2008-0501090 OFFICIAL RECORDS OF SAID COUNTY Exhibit B Boundary Plat JASPER AVENUE Qt N00 36'06"E 422 59' PORTION OF JASPER — SCALE 1"=100 AVENUE(VACATED) ( I I A�i L l INDICATES OFFER OF DEDICATION CL FLORENCE AVE FOR STREET AND UTILITY PURPOSES PARCEL D (VACATED) LLA NO 515 IN FAVOR OF THE CITY OF REDLANDS PER DOC NO 2009 0005509 0 R I i I NOSco LLJ CD -\?,N ° Z LLJ5 PARCEL A PARCEL C Q LLA NO 515 LLA NO 515 I .W Z 0 O I 0000 U to <i b� , 0 z 11 PROPERTY LINE 30 (TYP) I PARCEL B LLA NO 515 A� POB A I S00 31'42"E 427 42'GL— Q} d-tI WABASH AVENUE —� Exhibit C Stormwater Pollution Control Devices StormStormwater Pollution Control BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 INFILTRATION BASIN 34004'02" 117008'19" OWNER ANNUAL i 2 3 4 5 6 I 7 8 f 9 I 10 Exhibit D BMP Map ! 1zo,* I - _ ---WABASH --- - - -AATNUF - -- --- _. --_ - - - — - -_--- �y. i ,I r— __-- --ZI I I h, \ JASYI_K!- VLNUL - - — s IN k i e •F"' Lys