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HomeMy WebLinkAboutContracts & Agreements_132-2019RECORDING 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 ASSESSOR RECORDER CLERK 367 City of Redlands Clerk Doc# 2019-0222483 1111111111111 SPACE ABOVE THIS LINE FOR RECORDER S USE 7/05/2019 12 05 PM KE Titles 1 Pages 9 Fees 00 Taxes 00 CA SB2 Fee 00 Others 00 Paid 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 0300-631-17 ff THIS AGREEMENT is made and entered into this. � Iday of E , 20iq, by and between Islam Abudayyeh, a single man ("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 13105 Silverleaf Ct Redlands, Ca 92373 and filed as 22 -96 -PG (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 trench & Drain inlets (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 Islam Abudayyeh, a single man 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 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 APN 0300-631- 17, 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 hen 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 hereundei 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 City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 OWNER Islam Abudayyeh, a single man 10970 Ragsdale Rd Loma Linda, CA 92354 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 O REDLANDS OWNER a` cMcConnell, Assistant City Manager Islam Abudayyeh; Attest nne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 ngle man CALIFORNIA 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 ✓1aecia4(i,to ) On L1Lt o2 ? aQ / Q before me, DA.Gvf-(,e P(here insert personally appeared �lcMn 4auJd.r�k 4'ts name ark! title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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 WITNESS my hand d official seal Signature 0 z STEPHANIE PAIGE EIS COMM #2169015 z Notary Public California San Bernardino County M Comm ' lies Oct. 22, 2020 (Seal) Optional Information Although the information in this section Is not required by law it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of tA) &MO:. Ait" containing 3 pages, and dated The signer(s) capacity or authority is/are as ❑Wlndividual(s) ❑ Attorney in Fact ❑ Corporate Officer(s) (e/.9 7 cr Title(s) ❑ Guardian/Conservator ❑ Partner Limited/General ❑ Trustee(s) ❑ Other representing Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence ypform(s) of identification credible witness(es) Notarial event is detailed in notary journal on Page?.. -6 Entry # Notary contact:0 /0 %,-o - 0'k1 Other ❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s) ❑ © Copyright 2007 2016 Notary Rotary Inc PO Box 41400 Des Moines IA 50311 0507 All Rights Reserved Item Number 101772 Please contact your Authorized Reseller to purchase copies of this form 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 Califo is Count of Ma On W t I D personally appeared e1/91 1 ± before me, ot\gil r 11/4)04" Bite_ Hre I ert Name Title oft a Officer 'II'&ins Nameof Signer(s) (G who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ys"/are su scribed to the within instrument and acknowledged to me that l6/41e/they executed the same in h€/11f/their authorized capacity(ies), and that by y's/Vr/their signature(s) on the instrument the person(s), 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 L R MCCASLAND Commission * 210166 Notary Public California Riverside County My Comm Expires Feb 19, 2020 Place Notary Seal Above WITNESS my hand and official seal Signat of Notary Public Signature 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 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 Named Above Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing �Z Z .Z L u C?v�C z� A ¢ 6g 4 E i'€G d4.; ©2014 National Notary Association www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit A Legal Description LOT 17 OF TRACT NO 15469 IN MAP BOOK 306/62-66. EXHIBIT "B" 1 inch = 80 ft VICINITY MAP MTS THOMAS GUIDE MAP PAGE 648/ J5 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenanc e Provided T . Frequency 1 TC -10 Infiltration Trench #1 34 014040 -117 126443 Islam Abudayyeh Quarterly 2 12"x12" CATCH BASIN W/ FLOGARD + PLUS CATCH 34 014325 -117 126502 Islam Abudayyeh Quarterly 3 4 5 6 7 8 9 10 # 2 12 x12" CATCH BASIN W/ FLOGARD + PLUS CATCH BASIN INSERT MODEL NO FGP-12F #1 TRENCH PROVIDED= 270 S F 6 x45 x4 DEEP i TC -10 EXHIBIT D 1 inch = 50 ft