The URL can be used to link to this page

Home My WebLink About7856RESOLUTION NO 7856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENTS AND RESCINDING RESOLUTION NO 6394 WHEREAS, under the authority of the Federal Clean Water Act, the Santa Ana Regional Water Quality Control Board has unposed the requirement upon the City, in the City's NPDES permit, to ensure that all new and redevelopment proposed within the City submit Water Quality Management Plans as part of such development's land use entitlement applications, and WHEREAS, pursuant to Section A-1 2 2, Attachment A-1 of Water Quality Management Plan Template of San Bernardino County Storm Water Program, adopted on September 1, 2013 by the California Regional Water Quality Control Board -Santa Ana Region, the City Council of the City of Redlands may enter into an agreement with the project proponent to maintain and replace storm water treatment devices as necessary into perpetuity, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS SECTION 1 The City Council hereby authorizes the City Manager, or his or her designee, to approve and execute Storm Water Treatment Device Access and Maintenance Agreements on behalf of the City of Redlands, in substantially the form attached hereto as Exhibit "A," in accordance with the requirements of the City's Water Quality Management Plan, and upon the recommendation of the City Attorney and City Engineer The approval and execution of such agreements by the City Manager, or his or her designee, shall be attested to by the City Clerk of the City of Redlands, does not require further Council approval, and a copy of each such agreement shall be maintained by the City Clerk in the official records of the City ADOPTED, SIGNED AND APPROVED this 19th day of June, 2018 Paul W Foster, Mayor ATTEST j�ZEc Donaldson, City Clerk 11ResolutionslRes 7800-789917856 - Storm Water Resolution - updated docx I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of June, 2018, by the following vote AYES Councilmembers Barzch, TeJeda, Momberger, James, Mayor Foster NOES None ABSENT None ABSTAIN None aa�� at. '4)� JeardidDonaldson, City Clerk 1ResolutionslRes 7800-789917866 - Storm Water Resolution - updated docx RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) [Enter All Site APNs Here] THIS AGREEMENT is made and entered Into this day of , 20_, by and between [Entity Legal Name of Owning Entity] ("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 [Enztei the Project Name and Address/Location] and filed as [Enter the City Project File Type and Number (e 9, CRA ###, Tract #####, CUP ###)] (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 [Enter the Names of Treatment Controls Installed] (the "Devices") to minimize pollutants in urban stormwater runoff, specifically described an 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 11caldjmlAgreementslStormwater Treatment -Maintenance Agreement Template docx 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 [Entity Legal Name of Owning Entity] 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 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 [Entei All Site APNs Here], 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 I \cakilm\AgreementslStormwater Treatment -Maintenance Agreement Template docx In event any action is commenced to enforce or interpret any of the terms or conditions of tlus 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 b 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 C 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 Parry may change notice address only by providing written notice thereof to the other Party CITY City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 10 OWNER [Insert Owner's Contact Full Name] [Insert Owner's/Company's Full Name] [Insert 1" Line Address for U S .Mail] [Insert City, State, ZIP for US Marl] This Agreement shall be governed by and construed in accordance with the laws of the State of California 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 N Enrique Martinez, City Manager Attest Jeanne Donaldson, City Clerk OWNER [insert Owner's Full Naive if residential, Otherwise, Owner/Representative's Full Name, Title and Company name must be included here] City of Redlands 11caWjm\AgreementslStormwater Treatment -Maintenance Agreement Template docx Replace this page w.ttli a full' executed Notat y Acknowledgment page. I 1caldjm\AgreementslStormwater Treatment Maintenance Agreement Template docx Exhibit A Legal Description Include a Legal Description of the pi oject site, and title the description Exhibit A Legal Description I 1ca\djm\Agreements\Stormwater Treatment -Maintenance Agreement Template docx Exhibit B Map Include a Plat Map of the project site, and tide the reap Exhibit B Plat lN.,tap I 1caldlm\Agreements\Stormwater Treatment -Maintenance Agreement Template docx Exhibit C Storrnwater Pollution Control Devices Complete the Table below, add additional roes if needed BMP or Pollution Control Device Enter BAIP designation and deveription Oe FC -10 Infill; ation Trench) Latitude Enter Latitude to 5 dcurttrial piac:es tri dccttnal degree fottrictt (DD DDDDD) Longitude Enl(n Longitude to ) deeitnal places in decimal deg; ee for haat (DD DDDDD) Maintenance pro\-ided B,, Enter name of andaridnal or entire responsrhle for maintenance and record I,egnng for thrs project Frequency Eats.; the fr egtiencv cif naalntienance far tlii v BAa P I 1ca1djmlAgreementslStormwater Treatment -Maintenance Agreement Template docx Srormwater BMP or Pollution Control Device Pollution Control Devices Maintenance Provided By BMP or Pollution Control Device Enter BAIP designation and deveription Oe FC -10 Infill; ation Trench) Latitude Enter Latitude to 5 dcurttrial piac:es tri dccttnal degree fottrictt (DD DDDDD) Longitude Enl(n Longitude to ) deeitnal places in decimal deg; ee for haat (DD DDDDD) Maintenance pro\-ided B,, Enter name of andaridnal or entire responsrhle for maintenance and record I,egnng for thrs project Frequency Eats.; the fr egtiencv cif naalntienance far tlii v BAa P I 1ca1djmlAgreementslStormwater Treatment -Maintenance Agreement Template docx Exhibit D SMP Map Include a BN"I' Location Map of the project site, and title the map Exhibit D BNIP Location Map The BMP Location Map must fit on one 8'/2" x 11" sheet with north oz ientated to the left or top, whichever allows for the largest scale Each BLIP or Pollution Control Device shown must be "keyed" to the BMP # shoN-,n in the Exhibit C table. The BJN1P # shown must be legible AnN� text that is un -readable should be deleted I 1ca\dJm\AgreementslStormwater Treatment -Maintenance Agreement Template doex