Loading...
HomeMy WebLinkAboutContracts & Agreements_184-2018RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P 0 BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino 10/04!2018 BOB DUTTON 01 49 PM CIS ASSESSOR RECORDER -CLERK 367 City of Redlands Clerk Doc# 2015-0365147 Titles i Pages 9 Fees o0 Taxes 00 CA SB2 Fee 00 Others 0o Paid 00 SPACE ABOVE THIS LYNE FOR RECORDERSUSE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 1212-411-11 THIS AGREEMENT is made and entered into thisliix4 day of _Pv � , 20? �by and between HOPE CHRISTIAN SCHOOL SOCIETY ("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 HOPE CHISTIAN SCHOOL SOCIETY and filed as CUP -225 -REV 3 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater rLmoff, and WHEREAS, the Owner has chosen to install INFILTRATION TRENCHES AND INFILTRATION BASIN (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 2613 RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 1212-411-11 THIS AGREEMENT is made and entered into this 7 + i. f4 day of 20LVby and between HOPE CHRISTIAN SCHOOL SOCIETY ("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 HOPE CHISTIAN SCHOOL SOCIETY and filed as CUP -225 -REV 3 (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 INFILTRATION TRENCHES AND INFILTRATION BASIN (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 HOPE CHRISTIAN SCHOOL SOCIETY 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 othei 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 fiill 4 This Agreement affects County of San Bernardino Assessoi's Parcel Nos 0174-221-35, 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 frilly reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment City of Redlands Agreement Version NOVEMBER 2013 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 HOPE CHISTIAN SCHOOL SOCIETY City of Redlands 1315 E BROCKTON AVE P O Box 3005 REDLANDS, CA 92374 Redlands, CA 92373 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 Paul W Foster, Mayor Attest Ae,��z ne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 CHRITIAN SCHOOL SOCIETY RONALD VAN VOORTHUYSEN, PRESIDENT 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 October 3, 2018 before me, Angela Frame, Notary Public ere insert name and fitle of the officer) personally appeared Ronald Van Voorthuysen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-&) Is re subscribed to the within Instrument and acknowledged to me that the/they executed the same In Is er/their authorized capaclty(les), and that by Is er/their signature(&) on the Instrument the person(- ), or the entity upon behalf of which the person(a) 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 ANCELAFRAME WITNESS my hand and official seal o COMM #2205487 ,e ac (Votary Public California 7° = San Bernardino County 0 Comm Expires .12, 2021 Notary Public 9griature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statures regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed should he completed and anached lo 1he documeni Acknofiredgenis.from other stales nrgy he compleied for documents being sent io rhat store so long ers the stormwater Treatment Device and Control wording does nor require the California nolwy to violate Caifonra notary lair {Title or description of attached document) State and County information must be the State and County where the document Measure Access and Maintenance Agree 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 The notary public must pant his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public) • Print the nanie(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 fortis (i.e hetshelowy- is lat=e ) or circling the correct forms Failure to correctly indicate this ❑ Individual (s) mfomration may lead to refection of document recording. Corporate Officer • The notary seal impression must be clear and photographically reproducible President Impression must not cover text or lines If seat impression smudges, rc seal if a (Title) sufficient area permits, otherwise complete a different ack,iowicdgment form ❑ Partner(s) • Signature of the notary public must match the signature on Elle with the office of 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 ❑ Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the tide (i.e CEO CFO Secretary) 2015 Version www NotaryClasses corn 800 873 9865 • Securely attach this document to the signed document with a staple CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 c.<=r,=�.�:rE=n<=c�c�rsS,�r�s.:car•c,�:rc:c��,�.rccs.�.rc.^,t._.c..cc4:rc�.<-r.�:cr.�-r.�r,�rs-`�--U s.�.�_ c ..�.-,'�s 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 October 4, 2018 Date personally appeared Paul W before me, Heather MacDonald, Notary Public Here Insert Name and Title of the Officer Foster and Jeanne Donaldson ******************************************* Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso s whose name is/ re subscribed to the within instrument and acknowledged to me that he/she&e Jexecuted the same in his/her eir uthorized capacity(ies}, and that by his/her eir ignature(s) on the instrument the person(s), h 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 ooaa000a000000000a0000000000000mm0000000000ao HEATHER MACDONALD WITNESS my hand and official UCOMM # 2216458 R NOTARY PUBLIC-CALIFORMA U ru Le SAN BERNARDINO COUNTY t Signature MTCa�rnissionEgira;0C`CE":R' 22-J21 A Signature of o Public oon0000a000a00000 moo0000000000000 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 Number of Pages 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 ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing �,•. ,v. .. . .`, .,. t, _. ..;, ... ,.,, �, ...ti,. , .. v '-is-z:-r .._ _ _ _ _ _ _ _ _ _ _ . _..-t--ti`�,ti, :'ii 02016 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit A Legal Description Real property in the City of Redlands, County of San Bernardino, State of California, described as follows PARCEL A EXHIBIT "B" AS SHOWN ON LOT LINE ADJUSTMENT NO 624, AS EVIDENCED BY DOCUMENT RECORDED APRIL 20, 2018 AS INSTRUMENT NO 18 142857 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL 1 OF PARCEL MAP NO 6026, IN THE CITY OF REDLANDS, RECORDED IN BOOK 71 OF PARCEL MAPS, PAGE 73, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA TOGETHER WITH THAT PORTION OF LOT 42, UNIVERSITY TRACT, IN THE CITY OF REDLANDS, RECORDED IN BOOK 17 OF MAPS, PAGE 36, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS THE SOUTH 150 FEET OF THE EAST 150 FEET OF SAID LOT 42 PARCELIB AN EASEMENT FOR INGRESS AND EGRESS OVER THE EXISTING ASPHALT DRIVEWAY, 28 FEET WIDE, WHICH RUNS GENERALLY ALONG A LINE COMMON TO PARCELS 1 AND 2 OF PARCEL MAP 6026, AS PER PARCEL MAP RECORDED IN BOOK 71 OF PARCEL MAPS, PAGE 73, RECORDS OF SAID COUNTY APN 1212-411-11 EXHIBIT B PLAT MAP R (N89° 25' 55"E) _ (180 00') & I I SCALE 1 100' I I R R 0 100 200 � I a 1rn I o� om oV Z I I I u.31 00 m 0� ° to o �- I ZI I I (NW 00' OWE) (30 00') R �I �p}LaG3Cry�7C IL mkp H@. 6@214) 214) l L7��I.lU 71 pl(R[g To @a12a 1 I ppG9,sCC�-I� 9 w I 00 00 I C) [ RIW a -- 33 00' _ (N89° 38'00"E) (210 00') (N89°38' 00 E) BROCKTON AVE. Exhibit C Stormwater Pollution Control Devices ormwater Pollution Control" BMP BMP or Maintenance Pollution Latitude Longitude Frequency # Provided By Control Device INFILTRATION 3406692 117 159202 GROUNDS PRIOR TO STORMS & TRENCH KEEPER 48 HOURS AFTER 1 STORMS INFILTRATION 34 066789 -117159203 GROUNDS PRIOR TO STORMS & TRENCH KEEPER 48 HOURS AFTER 2 STORMS INFILTRATION 34 066514 -117158947 GROUNDS PRIOR TO STORMS & BASIN KEEPER 48 HOURS AFTER 3 STORMS CATCH BASIN 34066S17 117 158951 GROUNDS AFTER EVERY KEEPER STORM AND 4 MONTHLY 1N DRY SEASON EXHIBIT D BMP LOCATION MAP 5 t r 1 BMP14 INFILTRATION'j o TRENCH ,; INFILTRATION BASIN o .o E oI BMP4 CATCH G /BASIN I, € - (I�l89° 38'00"I=.) R _..-- r — BROCKTON AVE (N89° ss' oo°E) TO JEANNE DONALDSON, CITY CLERK FROM ALAN COLLETT, SENIOR CIVIL ENGINEER_ PAUL TOOR Director SAVAT KHAMPHOU Deputy Director SUBJECT STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT FOR CUP NO 225, REV NO 3 — LOCATED AT 1315 EAST BROCKTON AVENUE Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for CUP No 1008 - Located at 1315 East Brockton Avenue As authorized by Resolution No 6394, adopted by City Council on May 17, 2005, please have the Mayor and City Clerk execute the Agreement and have it recorded Please forward a copy of the recorded Agreement to the Municipal Utilities and Engineering Department for our records TTF akc DlaIINDS "ACriYTiuWow" City of REDLANDS Incorporated 1888 - uoRase Municipal UtlIitles & Engineering Department -- 35 Capon Street, Suite 15A Redlands, CA 92373 909-798-7698 MEMORANDUM DATE OCTOBER 3, 2018 TO JEANNE DONALDSON, CITY CLERK FROM ALAN COLLETT, SENIOR CIVIL ENGINEER_ PAUL TOOR Director SAVAT KHAMPHOU Deputy Director SUBJECT STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT FOR CUP NO 225, REV NO 3 — LOCATED AT 1315 EAST BROCKTON AVENUE Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for CUP No 1008 - Located at 1315 East Brockton Avenue As authorized by Resolution No 6394, adopted by City Council on May 17, 2005, please have the Mayor and City Clerk execute the Agreement and have it recorded Please forward a copy of the recorded Agreement to the Municipal Utilities and Engineering Department for our records TTF akc DlaIINDS "ACriYTiuWow"