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Home My WebLink AboutContracts & Agreements_248-2018 Electronically Recorded in Official Records,County of San Bernardino 1 211 9120 1 8 00 24 AM BOB DUTTON AL8 ASSESSOR RECORDER CLERK RECORDING REQUESTED BY �M5 367 City of Redlands Cleric AND WHEN RECORDED MAIL TO Y ooc# 2o1 $-D467�64 TIti65 1 Pages 9 CITY CLERK Fees 00 CI TY OF REDLANDS Taxes 00 PO BOX 3005 CA 5B2 Fee 00 REDLANDS, CA 92373 Oath�ers 000 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) [0168-161-04, 05, 06, 07] THIS AGREEMENT is made and entered into this 18th day of December, 2018, by and between [KB Home Coastal Inc . a California corporation] (' Owner"), and the City of Redlands a municipal corporation("City") The Ownei 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 [Lugonia Groves / Pennsylvania Ave Redlands, CA 92374] and filed as [Tract 201261 (tile .'Project"),the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff. and WHEREAS,the Ownei has chosen to install [Infiltration 1 Infiltration 2 CB#1 CB#2,CB#3, CB44, CB 451 (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 NOV£MB£R 2013 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) [0168-161-04, 05, 06, 07] THIS AGREEMENT is made and entered into this 18th day of December, 2018, by and between [KB Home Coastal Inc , a California corporation] ("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 [Lugonia Groves / Pennsylvania Ave, Redlands, CA 92374] and filed as [Tract 20126] (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 1,Infiltration 2,CB#1,CB#2,CB#3, C1394, CB #51 (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 [KB Home Coastal Inc ,a California corporation] agree as follows AGREEMENT 1 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 [0168-161-04, 05, 06 & 07], 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 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 S 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 KB Home Coastal Inc , a California City Engineer corporation City of Redlands 36310 Inland Valley Drive P O Box 3005 Wildomar, CA 92595 Redlands, CA 92373 Attn Heidi McBroom 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 Cl F REDLANDS OWNER KB HOME COASTAL Inc, ct cc A � cam;pay 3anic McClo6ell, Acting ity Manager Hei i cBroom Director Attest J60ne 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 Q County of �Y1 f"O-cx�t OL") On �� 'vc� before me, Date Here Insert Name and Title of the Officer personally appeared 3(Xq\ACe. M0�La,nn_el1 ► \6 : e-O-A.Y- , i-,o-VJ�N-v\ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personywhose names mare subscribed h into the within instrument and acknowledged to me that Relse/they executed the same hls/hcr/their authorized capacity's); and that by h`'islh"er/their signaturcf(sj on the instrument the persons, or the entity upon behalf of which the person(s) acted executed the instrument DIANA RAINS I certify under PENALTY OF PERJURY under the Notary Public California laws of the State of California that the foregoing San Bernardino County q paragraph is true and correct Commission*2175775 My Comm Expires Dec 16,2020 WITNESS my hand and official seal. Signature �� Place Notary Seal and/or Stamp Above Signature of Notary Public 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 Signer's Name ❑ Corporate Officer —Title(s) ❑ Corporate Officer —Title(s) ❑ Partner— ❑ Limited ❑ General ❑ Partner-- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other ❑ Other Signer is Representing Signer is Representing 02017 National Notary Association 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 I`TS7y,� ) On /�_4 before me, Rocco Edivan, Notary Public �1 (insert name and title of the officer) personally appeared !&L.) /"?-- - _ , who proved to me on the basis of satisfactory evidence to be the persono whose name() is/-am subscribed to the within instrument and acknowledged to me that le/she/tl ey executed the same in hk/herltkeir authorized capacity(s), and that by [Vfherlti it signature(ig) on the instrument the person(A, or the entity upon behalf of which the person(* 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 ROCCO EDIVAN WITNESS my hand and official seal L4. -' Comj*seiori No 2110432 NOTARY piJi�LiG-CAi.3FORNIA itivERSIDE COUNTY My cam+, E� .s aoav 26,2010 Signature (Seal) Exhibit A Legal Description PARCEL 1: APN. 0168-161-04-0-000 THE WEST OF '/2 OF THE WEST '/2 OF THE SOUTHEAST '/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SANBERNARDINO BASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY PARCEL 2• APN: 0165-161-05-0-000 THE EAST '/z OF THE EAST '/2 OF THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF SECTION 24, TOWNSHIP I SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF PARCEL 3• APN: 0165-161-06-0-000 THE WEST '/z OF THE EAST %2 OF THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF SECTION 24, TOWNSHIP I SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY PARCEL 4 APN 0168-161-07-0-000 THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24,TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, ACCORDING TO GOVERNMENT SURVEY EXHIBIT 'B' - MAP SHEET 2 OF 2 IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PENNSAVANIA AVE QJ QCi QZ I QQ� � �Q- Q� Q Q IQ i Q I �� , �� c� �,a 4� �` 41 cj LUGONIA AVENUE 0 N LEGEND I� PROJECT BOUNDARY r RIGHT OF WAY STREET CENTERLINE Exhibit C Stormwater Pollution Conti of Devices Mainte BMP # BMP or Pollution Latitude Longitude nance Frequency Control Device Provide d By I TC-I I Infiltration 1 3407172 117.15395 CFD Every 6 months and Prior to every major storm Basin And after 48 hours for standing water 2 TC-I I Infiltration 2 3407340 117 15381 CFD Every 6 months and Prior to every major storm And after 48 hours for standing water 3 SD 12- CB# 1 34 071377 117 15388 CFD Prior to rainy season and after every rain storm 4 SD 12 - CB# 2 3407155 117 15388 CFD Prior to rainy season and after every rain storm 5 SD 12 CB# 3 3407216 117 15416 CFD Prior to rainy season and after every rain storm 6 SD 12 - CB#4 3407295 117 15388 CFD Prior to rainy season and after every rain storm 7 SD 12 - CB# 5 3407315 117 15388 CFD Prior to rainy season and after every rain storm 8 9 10 EXHIBIT D o BMP MAP r- ll — - - -QTB i LOTD a2 _ -r-� -I - d! ,� I BASIN B ' !I , I 1 96 105 104 102: li w 11101 100 � I'b9 I 98 97 95 103 _ _ 5 SHANNON - AIv�ENUE 1 s w ' ' 82 83 84 85 86 87 88 89 90 91 92 93 94 : 80 79 7$ 77 76 75 74 73 72 1 71 TO 69 68 67 s> 3 WATERFORD AVENUE =,t 55 ' 561 1 ' 54 `' 57 58 59 60 61 I 62 63 64 65 66 fE ! ; �I 44 j m 153 52 51, ! 50 49 48 1 47 46 45 43 I LOT C - GALWAY AVENUE ,. ` 29 30 31 Orl 32 33 34 35 36 37 38 39 40 41 42 4�, w'I 28 27 26 25 24 23 22 21 20 1 19 18 17 16 15 I❑i� � � � I I CLAIRE- AVENUE i 1 2 l 3 1 4 5 6 7 8 9 10 �'° 2:,I 11 12 13 14 1 _ ___ __ Lard,_,__ �� . .LOTS_ LUGONIA AVENUE 1