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Home My WebLink AboutContracts & Agreements_270-2017 Electronically Recorded In Official Records,County of San Bernardino 12/07/2017 BOB DUTTON 01 21 PM FV RECORDING REQUESTED BY ASSESSOR RECORDER CLERK AND WHEN RECORDED MAIL TO ` 367 City of Redlands Clerk CITY CLERK Doc# 2017-0518987 Titles 1 Pages 9 CITY OF REDLANDS Fees 00 P O BOX 3005 Taxes 00 REDLANDS, CA 92373 PAIDr 00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0171-011-08 THIS AGREEMENT is made and entered into this__LL day of 200, by and between James A Cooper and Anna M Cooper ("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 Redlands Auto Electric Parking Lot 1165 W Park Avenue, Redlands, CA 92373 (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 bioretention facility and pervious pavers (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 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 James A Cooper and Anna M Cooper 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 4 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0171-011-08, 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 City of Redlands Agreement Version NOVEMBER 2013 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 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 City Engineer James A Cooper and Anna M Cooper City of Redlands Redlands Auto Electric P O Box 3005 33909 Enoch Avenue Redlands, CA 92373 Yucaipa, CA 92399 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 Dedlands es A Cooper and�Ann Cooper Auto Electric Owners Attest JqaWe Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 ALL CAPACITY ACKNOWLEDGMENT Anotary public orother officer completing this certificate verifies only the identity ofthe individual who signed the document towhich this certificate mattached and not the truthfulness. accuracy, or � validity ofthat document � STATE OF California COUNTY OF 8GO BerO@[d|OO ` /7 / i- / ) —~� On \ 1~ before me C8|tk/O GU8SDOO. DepUh/ City Clerk . (Date/ (mameand title o~the nffiroi personally appeared Paul VV FOSt8[ and j8@OD8 Donaldson of person si who proved tomeonthe basis ofsatisfactory evidence tobethewhose name(s) is/are subscribed kz 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 peraon(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 myhand and official seal ~ Signature of officer � ` '(P � : 1Z -11 Rev 0/101o015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 29, 2017 before me, Veronica Burqess, Notary Public Date Here Insert Name and Title of the Officer personally appeared James A Cooper Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sKwhose name(s)` is/are subscribed to the within instrument and acknowledged to me that he/sem/#aey executed the same in his/h,60t4etr authorized capacity(es),and that by his/46r/th6ir signatur*)on the instrument the persoDo, or the entity upon behalf of which the person(<acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph VERONICA BURGESS is true and correct Notary Public California Z WITNESS m and and official seal a(415,2020$ San Bernardino County Z ZCommission #2171206 Mi Comm Expires Nov 4 11 Signat �� `?,,ff�—� 1 e14 Signature of Notary Public Place Notary Seal Above 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 Docu �ate Number of Pages Signer(s) Other Than Named ADove- Capacity(ies) Claimed by Signer(s) Signer's Name -' Signer's Name ❑Corporate Officer — Title(s) -''� ❑Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ Gep� ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Atto in Fact ❑ Individual ❑Attorney in Fact ❑Trustee uardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other ❑ Other Signer epresenting Signer Is Representing 02014 National Notary Association •www NationalNotary org - 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A" LEGAL DESCRIPTION WQMP MAINTENANCE EASEMENT BEING A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF BLOCK 26 OF THE BARTON RANCH MAP,IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,FILED IN BOOK 6 OF MAPS,AT PAGE 19,BOTH MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS BEGINNING AT THE CENTERLINE INTERSECTION OF TENNESSEE STREET AND PARK AVENUE AS SHOWN ON RECORD OF SURVEY 06-028 PILED IN BOOK 127 OF RECORDS OF SURVEY AT PAGE 43 IN THE OFFICE OF SAID COUNTY RECORDER, THENCE NORTH 89055'43"EAST ALONG THE CENTERLINE Or SAID PARK AVENUE,A DISTANCE OF 166 20 FEET, THENCE SOUTH 00044'15"EAST A DISTANCE OF 32 00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID PARK AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE SOUTH 00044'15"EAST A DISTANCE OF 100 01 FEET, THENCE NORTH 89055'43"EAST A DISTANCE OF 164 22 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF BLOCK 26, THENCE NORTH 00043'48"WEST ALONG SAID EAST LINE A DISTANCE OF 100 01 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE, THENCE SOUTH 89055'43"WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 164 23 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 0 38 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT°B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTIONyNL LAND SG S FUR �G RICHARD S FURLONG,P L S 8422 DATE N0 8422 F olc CALW Page 1 of I QAI188-0151 ESRI RAE\LEGALS\NVQ7 tP LEGAL DESCRIPTION.doc EXHIBI T "*8 SHEET 1 OF 1 POINT OF BEGINNING PARK AVENUE N89 55'43"E 166 20' Lo-0 0 04 z S89 55'43"W 164 23' 40' TRUE POINT OF BEGINNING w w 0 jo 0 w 0. 0 Wo w — GRANT DEED RECORDED i; L'a MARCH 15, 2017, AS DOC Lo 00 ui NOT TO SCALE NO 2017-0112217 OR 11:4- z 0 < z Q <-J LL. WEST LINE PER DOC z M 0 ei u- NO. 2017-0112217 O.R. cn 0 (o LWL, o con uJ�w- 0--< N89 55'43"E 164 22' m m: u-a 4-4! n z PORTION OF BLOCK 26 I w0 BARTON RANCH �:W _j z M 6 6/19 - RECORD OF SURVEY 06-028 f cn w ry 0 < R.S. 127-43 <LUZ M LA LEGEND INDICATES EASEMENT AREA NO 8422 CASU Engineering and Consulting Rn 4,; FURLONG,ON(",- P-E-S 1� RICHARD S FORLONG, P 8422 DATE 1470 FAST COOLEY DRIVE. eOF N COLTON, CA 92324 PH (909) 783-0101 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution 1 1 Devices BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device (DD) (DD) Provided By 1 Bioretention Facility (Adjacent 3405906 -117 19930 Owner Weekly to Park Avenue) [TC-32] Pervious Pavers (Parking area 3405912 -117 19935 Owner Twice Per 2 along Park Avenue) [SD-20] Year 3 1 4 5 1 6 1 7 1 8 1 9 10 1 Exhibit D REDLANDS AUTO ELECTRIC - BMP MAP aMP.#1 0 p a L I �. s+ kr3 r #t €r a'' k�+,z~.:' ycS'�`*�',��`�"`,.n,t 'rtf„�,� �1.?,`z'��°. '� ��zs� ��" s� ,� ; se ✓ k � t �-} x> sr z: vsv �,a �s i a ^ f X y }ppz P � r.;�� _�. ...R .-.� w,•,�a ar tom+, =s�ii .r.i rai'.Y �t_ti� +�+�'e■ —'—`— ��J— —.:— �,,.— —"�"I�