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HomeMy WebLinkAboutContracts & Agreements_186-2018RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENI CODE SECT0 6143 Electronically Recorded in Oficial Records County of San Bernardino BOB DUTTON ASSESSOR RECORDER CLERK " 367 City of Redlands Clerk Doc# 2018-0371823 Miles 1 Fees SPACE ABOVE TI IIS LINE FOR RECORDER S USE Taxes CA 562 Fee Others Paid STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0175-461-03 10110112018 04:73 PM SG Pages 10 00 00 00 00 00 THIS AGREEMENT is made and entered into this y day ofc3�i as3 C , 20 !$ by and between Lambeth Capital, 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 RECITALS WHEREAS, the Owner owns real property ("Property") m 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 1611 Smiley Ridge, Redlands, CA 92373, Tract 12808, Lot 21 (the "Project''), the City required the Project to employ oil -site control measures to minimize pollutants in urban storrnwater runoff, and WHEREAS, the Owner has chosen to install Bio -Retention trench basins with no underground drains and Filtrex Inserts or equal at area drains (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 pians and specifications approved by the City and referred to as the Water Quality Maintenance Plan, and City of Redlands Agreement Version NOVEMBER 2013 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 RHES 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) 0175-461-03 THIS AGREEMENT is made and entered into this I' day ofc�e� A.,3c3t , 20_:/_S by and between Lambeth Capital, 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 " 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 1611 Smiley Ridge, Redlands, CA 92373, Tract 12508, Lot 21 (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 Bio -Retention trench basins with no underground drains and Filtrex Inserts or equal at area drains (the "Devices") to minimize pollutants in urban stormwatei 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 Protect and the mutual promises contained herein, the City of Redlands and Lambeth Capital, 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. 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 No 0175-461-03, 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 Agreement Verslon 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. 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 Bruce Lambeth City of Redlands Lambeth Capital, LLC P O Box 3005 30475 McLean St Redlands, CA 92373 Highland, CA 92346 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 CIT -qFd RREDLAND OWNER- aui W. Fostiar, Mayor Bruc , President LzmSefh Capital, LLC Attest jr=e Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 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 October 10, 2018 before me Heather MacDonald, Notary Public Date Here Insert Name and Title of the Officer personally appeared Paul W Foster and Jeanne Donaldson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor@ whose nam@s is6p!�) subscribed to the within instrument and acknowledged to me that he/sheL/if a executed the same in his/her eir uthorized capacity(ies), and that by his/her/ ei ignaturea on the instrument the persons or the entity upon behalf of which the persoro@ acted, executed the instrument OOOOOOO o DODNOOWNOOOOO �OOO000000exa000000aoa HEATHER MACDONALD R@my COMM. # 2216458 R UNOTARY POOLIGCALIFORNIA pISAN BERNCAA"�R,DINO COUNTY U ROOODOODOOOODOOGOONO DOpa0O000f)ONDOOO as OOO000I04O I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c rrect WITNESS m hand and official se Signature i Signature of kota ublic Place Notary Seat 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 Da ent Title or Type of Documentylfl.U_XtWX� TOQbM , A be\J I cjc-- 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 ©2016 National Notary Association • www NationalNotary.org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 )ss On 06. 44 2D 18 befor me, ! , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose nameN)61ar,e subscribed to the within instrument and acknowledged to me that 15)sWthey executed the same in i MtWthe+r authorized capac+ty�, and that by t9hWthp,ir signature(s,) on the instrument the persons}, or the entity upon behalf of which the person s) acted, executed the instrument. 1 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 ,,`S1N IEl+rri��� �t%A HA 3 Signature (Seal) Gt�.2,3Y I r,Q fi 0 ry� 'Fi6l 1101511"0" 2008ack.dw Exhibit A Legal Desenphon THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOW LOT 21, TRACT NO. 12808, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 203, PAGES 79 THROUGH 84, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ASSESSOR'S PARCEL NUMBER: 0175-461-03-0-000 Contains 0 487 Acres, more or less Ludwig Engineering Associates, Inc Prepared by me or under my supervision Scott Sturm, PLS 8549j�EL p EL PLS No. 8549 Expires 12-31-18 Ex 12-31-18 EXHIBIT "B" Plat Map RE&DENUAL AFN 0175-481-04 LOT 22 I_-1 COMMON - LOT Hsu 1APN 0175461-M R=236.50' A=5 00' T=2.50' A=1 ' 12'41' u7 \ 1� � • it n �10:1 to a 21 %0 z N 1 N � 0 35 'I-- �I+r N 5 C3. 02 E i RESDENT�AL 1 AIN 01754717-08 g -2-)-11% ' -ff ff-� AEtocIATE:, INC. OW Fr4In"rhq.Swwy1ng • Plsnnlne 109 East 3rd Street San Bernardino CA 92410 Faxi90{5�0884-8217 )B 889 01,53 Exhibit C Stormwater Pollution Control Devices LOT 21 Stormwater Pollution r r Devices BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By Landscaped Management 34 022283 117.18025 Owner Bi -Monthly 1 BMPs 2 Irrigation System 3402283 117 18025 Owner As Needed Drainage Swales 3402283 117 18025 Owner Twice monthly 3 and after storm event Bio -Retention 3402291 117 18032 Owner Twice annually With no underdrain # 1 for health 4 evaluation of trees and shrubs Bio -Retention 3402268 117 18031 Owner Twice annually With no underdrain # 2 for health 4 evaluation of trees and shrubs Education of Property 3402283 117 18025 Owner NIA 5 Owners 6 Activity Restrictions 3402283 117 18025 Owner NIA Spill Contingency 3402283 117 18025 Owner NIA 7 Area Drain Filters #1 3402943 117 18021 Owner Twice monthly g and after storm event Area Drain Filters 42 34.02288 117.18016 Owner Twice monthly 8 and after storm event Exhibit C (Cont.) Area Dram Filters #3 3402291 117 18025 Owner Twice monthly 8 and after storm event Area Drain Filters #4 3402286 117 18009 Owner Twice monthly 8 and after storm event Area Drain Filters #5 3402270 117 18004 Owner Twice monthly 8 and after storm event Area Dram Filters 46 3402265 117 18013 Owner Twice monthly 8 and after storm event Area Drain Filters 97 3402265 117 18019 Owner Twice monthly 8 and after storm event Area Drain Filters #8 3402262 117 18024 Owner Twice monthly 8 and after storm event Area Drain Filters #9 3402270 117 18026 Owner Twice monthly 8 and after storm event Area Drain Filters #10 3402277 117 18028 Owner Twice monthly 8 and after storm event Area Drain Filters 411 3402275 117 18029 Owner Twice monthly 8 and after storm event Area Drain Filters #12 3402277 117 18033 Owner Twice monthly 8 and after storm event Area Drain Filters #13 3402279 117 18031 Owner Twice monthly 8 and after storm event EXHIBIT "D" BMP LOCATION MAP RI:SIoENTUL 1 wrt LATH ! as fyµ�by EXIST.- 7SLOM 0P OF �Y 3g WATER QUALITY MANAGEMENT PLAN "14 01 N-01 rew LOT 21, APN 0175-461-03 Ai'N 6l76.481�49 ` rrrrrSMILEY RIDGE DRIVE �'- REDLANDS, CA 92373 #� 11111�1111�IIltil � � �. �0111111111���1111 � 8 j tii�till�l��l.l EXW Q ODDA 1 MA H 1 � ©� , IIIll1�P},11�� 1 RESIDENTML L��O.[ S5T{{LSL�IZOEF _r, RRFFS� 5a.A07 A.G. IIIA RIAEAI£fI pLfyUJOItSM 17: SS911(rF z f lu.l[ scar , .TO RA F IR177HAwi �Af tH¢Pp?n�kNY lj1ijIXUYQJ$ AiIR1!@[-R .111 2e99 IF A 3a �E�o H LO NINA FS t FtvI1 AWti AIRi « 2J1 ST MI L01N.�CnfQC �� [ L Io�i oa n`� 'oi%S,rILEAefTG(LIj?ryCLC L[NLI�4' xp DP arM aic�'1A9o'ai'e�i�-9965 »IEEE t��vR[VE my $90.41¢ ORIGINAL ON FILE IN T14B OFFICE OF THE ENGINEER LEGEND AND ABBREVIATIONS • APPADUH ATE LOCATItm OF AOOF com ORAINS Pcc PATENVIT ® PCC MAL&NAY 0 VUSC PE Nfattt—"N..]""t" TP..O SLOPE AMA OTO-AETENTEM! N/NO IOHrFMAIN ORAINAOC TntONTAAT AREA ODLWARY — — — um OtvtoE uioE otnEcttun or rLow Bmp's © LAIHOSCAPE NAIIACENFNT � IRRtOATION STSTFN OMINApE SHALES [�4 AIO-RETENTION IW n?40£I0RASII 1 CIO-R£TFNTIIXI IA Lmer milt 2 Q EUMAT101 OF PROPEAIY OIPIEM ♦� ACTIVITIES RESTNICTNMS Q SPILL CWITIMMY AFEA ORATN FILTER HA Par Plan) \)m co a_4 0 City of REDLANDS PAUL TOOR Director Incorporated 1888 SAVAT KHAMPHOU Municipal Utilities & Engmeenng Department Deputy Director 35 Cajon Street, Suite 15A Redlands, CA 92373 909-798-7698 MEMORANDUM DATE OCTOBER 10, 2018 TO JEANNE DONALDSON, CITY CLERK FROM ALAN COLLETT, SENIOR CIVIL ENGINEERjO�� SUBJECT STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT FOR A PROPOSED SINGLE FAMILY DWELLING - LOCATED AT THE 1611 SMILEY RIDGE Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for a proposed single family dwelling - located at the 1611 Smiley Ridge 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 11VD6 "ACnyMi rWoRxa"