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HomeMy WebLinkAboutContracts & Agreements_13-2018RECORDING REQUESTED BY AND WIZEN RECORDED MAIL, TO: CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON c av ASSESSOR - RECORDER - CLERK J 367 City of Redlands Clerk Doc# 2018-0023406 Titles 1 Fees SPACE ABOVE THIS LINE FOR RECORDER'S USE Taxes CA SB2 Fee Others Paid STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0168-071-06-0000 1/23/2018 10:39 AM KE Pages 9 00 .00 .00 .00 .00 THIS AGREEMENT is made and entered into this 22 9D day of Y , 2013, by and between Redlands Pioneer, LLC ("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." RF,MAUS 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 Tract 20079 and filed as Tract 20079(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 Efficient Irrigation(timers, spray heads, rain and pressure switches, etc), Depressed Landscape Finish Grade, Slope and Swale Protection (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 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 Redlands Pioneer, LLC agree as follows: AGREEMENT 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.0168-071-06- 0000, 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. 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 Phillip Burum City of Redlands Redlands Pioneer, LLC P.O. Box 3005 10621 Civic Center Drive Redlands, CA 92373 Rancho Cucamonga, CA 91730 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: t Paul W. Foster, Mayor Attest: J e Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 OWNER: Phillip Burum, Authorized Representative Redlands Pioneer, LLC 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 before me, Caitlyn Guesnon, Deputy City Clerk (Date) (Name and title of the officer) personally appeared Fz@Ul W.Foster and Jeanne Donaldson (Name ot person signfng) 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 nature(s) on the instrument the person(s), or the entity upon behalf of which the pe�son(s) acted, executed thseiginstrument, 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. Signature of officer Rev. 01m1/2015 UU/ CALIFORNIA ALL-PURPOSE 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 ojaxL On JL�L.6r before me, Date Here Insert Name and Title of the icer personally appeared "t Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personw whose namex is/ae subscribed to the within instrument and acknowledged to me that he executed the same in his/ authorized capacity and that by his/ eir signatureK on the instrument the personK, or the entity upon behalf of which the person�4 acted, executed the instrument. SIMONE BASSO Notary Public - California z :r San Bernardino County Z Z Commission #r 2164524 M Comm. Expires Oct 9, 2020 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. 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. Signature Signature of Notary Public Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 C)thPr- Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator nthar- Signer Is Representing: ©2014 National Notary Association • www. National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #15907 Exhibit A Legal Description A PORTION OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAN THEREOF IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SECTION 13, BEING THE INTERSECTION OF SAN BERNARDINO AVENUE AND JUDSON STREET AS SHOWN ON TRACT No. 16627 RECORDED IN BOOK 340, PAGES 10 THROUGH 12, INCLUSIVE, OF MAPS RECORD OS SAID COUNTY; THENCE NORTH 89°29'20" EAST ALONG THE CENTERLINE OF SAN BERNARDINO AVENUE, SAID CENTERLINE ALSO BEING THE SOUTH LINE OF SAID SECTION 13, 985.30 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SETION 13 TO THE POINT OF BEGINNING; THENCE NORTH 00°11'47" WEST ALONG THE WEST LINE OF THE EAST ONE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 13, 801.41 FEET; THENCE NORTH 89031'34" EAST 327.56 FEET TO A POINT ON THE EAST LINE OF THE WEST ONE-HALF OF THE WEST ONE-HALF OF SAID SECTION 13; THENCE SOUTH 00015'43" EAST ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE WEST ONE-HALF OF SAID SECTION 13, 801.19 FEET TO A POINT ON THE CENTERLINE OF SAN BERNARDINO AVENUE, SAID CENTERLINE ALSO BEING THE SOUTH LINE OF SAID SECTION 13; THENCE SOUTH 89029'20" WEST ALONG SAID SOUTH LINE OF SAID SECTION 13, 328.47 FEET TO THE POINT OF BEGINNING. 6.03 ACRES 3nN3AV ONIG�JVNd313 NVS - J WP79 AA..OZAM2 S 3NVI svoni PIAII I - f I j V - a T W T a NFM. I I R I m1m. A Exhibit C Stormwater Pollution Control Devices BMP BMP or Pollution Control Maintenance # Device Latitude Longitude Provided By Frequency Efficient Irrigation (timers, Each Each Lot Owners Monthly 1 spray heads, rain and pressure individual individual switches) — SD 12 lot and all lot and all parkways parkways Depressed Landscape Finish Each Each Lot Owners Yearly 2 Grade individual individual lot and all lot and all parkways parkways Slope and Swale Protection — Each Each Lot Owners Monthly 3 SD 10 individual individual lot and all lot and all parkways parkways 4 Infiltration Basin per Tract 34.0806800 117.153919° CFD Yearly 18979. TC -11 5 6 7 8 9 10 0000 0 U� Z m m ,a IS 'r O A m o n �m r M., m m n zN m Ei p F) o o 'm a M. "0 =�0oa) a;u o� X iD -mn Z N m N C Z N =Z m x m °1c) o v O 0 m 4 m Cl) x O N = a ]C F