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HomeMy WebLinkAboutContracts & Agreements_2-2020RECORDING 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 01/14/2020 11 06 AM SAN G8467 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder -County Clerk DOC# 2020-0014180 Titles 1 Pages 11 Fees Taxes CA SB2 Fee Total $0 00 $0 00 0 00 $0 00 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-381-45 THIS AGREEMENT is made and entered into this ,;& day ofDei,JkA , 201 , by and between James Brian Harber and Deborah Karen Harber, husband and wife as point tenants as to an undivided 1/2 interest and Robert W Harber and Tracy Harber, husband and wife as joint tenants as to an undivided 1/2 interest, as tenants in common ("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 Orange Tree Lane Carwash and filed as CRA 902 (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 Stormtech Underground Infiltration Chambers, and Dram Inserts (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 DOC #2020-0014180 Page 2 of 11 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 James Brian Harber and Deborah Karen Harber, husband and wife as joint tenants as to an undivided 1/2 interest and Robert W Harber and Tracy Harber, husband and wife as joint tenants as to an undivided 1/2 interest, as tenants in common, 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 0292-381-45, 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 (,ity of Redlands Agreement Version NOVEMBER 2013 DOC #2020-0014180 Page 3 of 11 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 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 teiininate 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 City of Redlands Agreement Version NOVEMBER 2013 OWNER James Brian Harber and Deborah Karen Harber 1880 E Riverview Drive San Bernardino, Ca 92408 Robert W Harber and Tracy Harber 1880 E Riverview Drive San Bernardino, Ca 92408 DOC #2020-0014180 Page 4 of 11 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 OWNER atAtO 66htli - ai ce cConnell, Assistant City Manager C- times Brian Harber, Owner Attest Deborah Karen Harber, Owner Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 Robert W Harber, Owne CC Tracy Harber,�jOwner DOC #2020-0014180 Page 5 of 11 NOTARY ACKNOWLEDGEMENT 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 `,e+ - On 11__ Z Jcw `, 12,74 , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persort�s) whose name} We subscribed to the within instrument and acknowled ed to me that he/sl tfiey executed the same in histher/theft authorized capacit ies), and that by his/her/th ir_signatur (sjF on the instrument the person' s), or the entity upon behalf of which the persort(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 and official seal Signature City of Redlands Agreement Version NOVEMBER 2013 a s a ze, a as - A aw.. am.. J K CILLUFFO Notary Public -California San Bernardino County Commission # 2190992 My Comm Expires Apr 11, 2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT DOC #2020-0014180 Page 6 of 11 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 ex ri\ CZ`> -41 �1 On 1-La,r-LV VL juZ,0 before me Date ! 1 J Ctvl c I ► i Cor\ � I ( coac ,� Gun i`i c. c I\CL 1 C;VJ o Name(s) of Signer(s) 1 ( ca 03f'I��- j u u [I,tC Here Insert Name and Title of the Officer personally appeared who proved to me on the basis of satisfactory evidence to be the person(] whose namei'Lare subscribed to the within instrum(and acknowledged to me that f/S'he/they executed the same in hi er/their authorized capacity es and that his/her/their signatur s)on the instrument the perso s or the entity upon behalf of which the person cted, executed the instrument z z DIANA RAINS Notary Public California San Bernardino County Commission # 2175775 M Comm Ex.ires Dec 16, 2020 Place Notary Seal and/or Stamp Above 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 and official seal P' _, L Signature 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 ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other Signer is Representing o Guardian of Conservator ©2017 National Notary Association DOC #2020-0014180 Page 7 of 11 NOTARY ACKNOWLEDGEMENT 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 } } On ��1 i L �� , before me, H(tC�r , Notary Public, personally appeared }a_ e_r u C I r u 16 who proved o` me on the basis of satisfactory evidence to be the person(s) whose name( .: r- "'subscribed to the within instrument and acknowledged to me that he/she/toe executed the same in his/her/t ieir/'authorize_ d capacity( es ,' and that by his/her/their signatures fon the instrument the persona; 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 WITNESS my hand and .fficial seal Signature City of Redlands Agreement Version NOVEMBER 2013 A GUARDADO Notary Public -California San Bernardino County Commission # 2194518 My Comm Expires May 26 2021 DOC #2020-0014180 Page 8 of 11 Exhibit A Legal Description The land referred to herein is situated in the State of California, County of San Bernardino, City of Redlands and described as follows Parcel 1 as shown on that certain Certificate of Compliance LLA No 619 recorded November 26 2018 as Instrument No 18-438061 of Official Records, as more particularly described as follows A portion of Lots 1 and 8 Block 4, Henry L Williams Tract, located in the City of Redlands, as per plat recorded in Book 11, Page 17 of Maps, Records of San Bernardino County, California, and a portion of Parcel 1 of Parcel Map No 10070 as per plat recorded in Book 110, Page 94 of Parcel Maps, records of said County, described together with that portion of Coulston Court as vacated and abandoned by Resolution No 3882 of the Mayor and City Council of the City of Redlands, a certified copy of said Resolution was recorded June 23 1983 as Instrument No 83-139586 of Official Records of said County, described as follows Beginning at the Southeast corner of Parcel 1 of Parcel Map No 10070 located in the City of Redlands, as recorded in Book 110, Page 94 of Parcel Maps, records of said County Thence South 5°00'18" West along the easterly right of way of said Coulston Court vacated a distance of 3 52 feet, Thence leaving said right of way South 89°32'46" West a distance of 352 29 feet, Thence North 64°50'37" West a distance of 96 26 feet to a point on the southerly right of way line of Orange Tree Lane as dedicated to the City of Redlands per document recorded February 1, 1985 as Instrument No 85-25484 of Official Records, said point being the beginning of a non -tangent curve concave southeasterly the radius point of which bears South 34°25'24" East a distance of 468 00 feet, Thence northeasterly along said curve and said right of way, through a central angle of 19°09'07" a distance of 156 44 feet to the beginning of a curve concave southerly the radius point of which bears South 15°16'17" East a distance of 228 96 feet, Thence along said curve, through a central angle of 14°51'54 a distance of 59 40 feet Thence North 89°35'38" East a distance of 241 18 feet to the beginning of a non -tangent curve concave southerly the radius point of which bears South 0°49'58" West a distance of 21 00 feet, Thence along said curve, through a central angle of 22°20'13" a distance of 8 19 feet to the Northeast corner of said Parcel 1, Thence along the East line of said Parcel 1 South 4°57'56" West a distance of 108 56 feet to the Southeast corner of said Parcel 1 being the Point of Beginning DOC #2020-0014180 Page 9 of 11 ORANGE TREE LANE / R-228 96i N89°35'38"E 241 18' O=5g 40' R=21 00' oo Z 0 R� 6 PARCEL 1, LLA 619 L-8 19 N DOC #2018-0438061 Lu ,/ Vs, 9s APN 0292-381-45 N Ss '� Z N89°32'46"E 352 29' 0 V) ALABAMA STREET DOC #2020-0014180 Page 10 of 11 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 Underground Chambers (Stolilitech) 34 068636 -117 210108 Property Owner Quarterly, & as needed 2 Dram Inserts 34 068787 -117 209746 Property Owner Monthly & as needed 3 Drain Inserts 34 068769 -117 209912 Property Owner Weekly collection 4 Trash Enclosure 34 068676 -117 210003 Property Owner Monthly & as needed 5 Storm Dram Stencil 34 068787 -117 209746 Property Owner Monthly & as needed 6 Storm Dram Stencil 34 068769 -117 209912 Property Owner Monthly & as needed 7 Spill Contingency Plan/Kit 34 068592 -117 209256 Property Owner Quarterly, & as needed 8 Pervious Paving 34 068776 -117 209554 Property Owner Quarterly, & as needed 9 10 OPERVIOUS PAVING DRAIN INSERT ORANGE TREE LANE STORM DRAIN STENCI DRAIN INSERT STORM DRAIN STENCIL TRASH ENCLOSURE DOC #2020-0014180 Page 1 1 of 11 Exhibit D BMP LOCATION MAP SPILL KIT 0 11 11 11 11 0 UNDERGROUND \ BASIN SCALE 1"=50'