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HomeMy WebLinkAboutContracts & Agreements_14-2018RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 ;FEES NOT REQUIRED 'PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON !�Vc T, ASSESSOR - RECORDER - CLERK J 367 City of Redlands Clerk Doc# 2018-0033278 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) 0299-101-01 & 04 THIS AGREEMENT is made and entered into this 21TU day of 20J& by and between Larry Jacinto, Larry F. Jacinto, Trustee of the Larry Jacinto Living Trust; Pansy Jacinto; and Pansy M. Jacinto, Trustee of the Pansy M. Jacinto Revocable Trust ("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 Jacinto Ranches and filed as Tract no. 19956 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater ninoff, 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 City of Redlands Agreement Version NOVEMBER 2013 1/30/2018 11:34 AM ic Pages 10 00 .00 .00 .00 .00 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 Larry Jacinto; Larry F. Jacinto, Trustee of the Larry Jacinto Living Trust; Pansy Jacinto; and Pansy M. Jacinto, Trustee of the Pansy M. Jacinto Revocable Trust, 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 1= Zn 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 falls 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. 0299-101-01 & 04, 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. Cay of Redlands Agreement Version NOVEMBER 2013 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. Any notice to a Party required or called for in this Agreement shall be served in person, or I id, to the address set forth below. by deposit I in the U.S. Mail. first class postage prepaid, 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 Larry Jacinto & Pansy Jacinto City of Redlands 9555 Wabash Avenue P.O. Box 3005 Mentone, CA 92359 Redlands, CA 92373 Larry F. Jacinto, Trustee of the Larry Jacinto Living Trust Pansy M. Jacinto, Trustee of the Pansy M. Jacinto Revocable Trust 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. Cny of Redlands Agreement Version NOVEMBER 2093 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: all Paul W. Foster, Mayor Attest: Jee!�eonaldso'n, City Clerk City of Redlands Agreement Version NOVEMBER 2013 10 DOW kiln Trustee of the Larry Jacinto Living Trust 4 - Pansy M. Jqrnto Trustee of the Pansy M. Jacinto Revocable Trust 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 1 County of On before me, 1 Cl l R CS, l O S "�3' .� ff. Date personally appeared 11 Here Insert,Name and Title of the O icer Name(s) of Signer(s) N who proved to me on the basis of satisfactory evidence to be the persons) whose namE(§) is/are subscribed to the within instrument and acknowledged to me that s"e/they executed the same n his/her/their authorized capacit (ies and that b, 1iWlier/their signatur s)!on the instrument the persons , or the entity upon behalf of which the perso 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. Notary Pubiic - Catitornia Z WITNESS my hand and official seal. San Bernardino County z Commission * 2175775 Comm. Expires Dec 16, 2020! Signature �' k14� 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: 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 n+har Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 January 25, 2018 before me, Robin Pain, Notary Public (Here insert name and title of the officer) personally appeared Larry F. Jacinto and Pansy M. Jacinto who proved to me on the basis of satisfactory evidence to be the person swhose namEQ is re subscribed to the within instrument and acknowledged to me that he/she e executed the same in his/he eli- uthorized capacity es and that by his/her el signatures on the instrument the perso s , or the entity upon behalf of which the person sacted, 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. WIT ESS my haand official seal. G.L.--� Notary Public Signature ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT O&M Agreement for WQMPO facilities (Title or description of attached document) (Title or description of attached document continued) Number of Pages 2 Document Date 1/25/18 CAPACITY CLAIMED BY THE SIGNER [D Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other "'c Pt INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, 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 wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her 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. • 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 information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. M ROBIN PAIN k Commission No. 2215629, NOTARY PUBLIC -CALIFORNIA n 777CCC SAN BERNARDINO COUNTY My Canm. Expires OCTOBER 21, 2021 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT O&M Agreement for WQMPO facilities (Title or description of attached document) (Title or description of attached document continued) Number of Pages 2 Document Date 1/25/18 CAPACITY CLAIMED BY THE SIGNER [D Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other "'c Pt INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, 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 wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her 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. • 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 information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Exhibit A Legal Description Real property in the unincorporated area of the County of San Bernardino, State of California, described as follows: TENTATIVE TRACT NO. 19956, BEING A SUBDIVISION OF THE FOLLOWING: PARCEL NO. 1: THE SOUTHWEST 114 OF THE NORTH 112 OF LOT 6, BLOCK 77, RANCHO SAN BERNARDINO IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 7 OF MAPS PAGE 2, RECORDS OF SAID COUNTY. PARCEL NO. 2: ALL THAT PORTION OF THE NORTH 1/2 OF THE NORTH 112 OF LOT 6, BLOCK 77, RANCHO SAN BERNARDINO IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 662.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF SAID LOT 6 A DISTANCE OF 662.00 FEET. mm 0299- 10 1 -0 1 -0-000 (Affects Parcel No. 2) 0299-101-04-0-000 (Affects Parcel No. 1) EXHIBIT B PLAT MAP I IL | | \ CITRUS AVENUL ----------- T N. UNE OF LOT O. BLOCK 77 PORTION OF N. 1/2 OF BLOCK 77, RANCHO SAN BERNARDINO, M.B. 7/2 VK UNE OF LOT 6' BLOCK 77 SCALE: 1"=200' THE W. UNE OF THE E. 662.00 FEET OF LOT 6, BLOCK 77, RANCHO SAN BERNARDINO, M.B. 7/2 ________ -- N. UNE OF THE S. 1/2 OF THE N. 1/2 OF LOT 6, BLOCK 77 BLOCK 77, RANCH SAN BERNARDINO, LLOT 6, BLOCK 77 HIGHLAND AVENUE THE E. UNE OF THE 5VK 1/4 OF THE N. 1/2 OF LOT O' BLOCK 77' RANCHO SAN BERNAR0NO, W.B. 7/2 Exhibit C Stormwater Pollution Control Devices J Stormwater Pollution Control Devices BMP BMP or Pollution Control Latitude Lonaitude Maintenance Frequency # Device Provided By TC 10 340.05378N 1170.13890W CFD YEARLY I INFILTRATION TRENCH 2 3 4 5 6 7 8 9 10 NOTE: INFILTRATION TRENCHES ARE TO BE LOCATED ADJACENT TO, AND ALONG THE PROPERTY LENGTH, OF WABASH AVENUE AND CITRUS AVENUE. 4 Exhibit D BMP Map INFILTRATION TRENCH (TYPICAL) HIGHLAND AVENUE SCALE: 1"=200'