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HomeMy WebLinkAboutContracts & Agreements_20-2020 0 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder-County Clerk RECORDING REQUESTED BY DOC# 2020-0042967 AND WHEN RECORDED MAIL TO 02/05/2020 Titles 1 Pages 13 CITY CLERK 09 42 AM CITY OF REDLANDS SAN Fees $0 00 Taxes $0 00 P 0 BOX 3005 H6313 CA SB2 Fee 0 00 REDLANDS, CA 92373 Total $0 00 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) 0294-091-47 THIS AGREEMENT is made and entered into this day of , (L CWI,, , 20;`, by and between SUSAN L WELLS, TRUSTEE OF THE SUSAN L WELLS SEPARATE PROPERTY TRUST DOT 8-12-99, AS TO UNDIVIDED 50% INTEREST AND TODD RYAN HAIG, SUCCESSOR TRUSTEE, AND MICHAEL SEAN HAIG, SUCCESSOR TRUSTEE, AS TO AN UNDIVIDED 50% INTEREST ("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 HAIG RESIDENCE, 1820 SMILEY RIDGE and filed as PRECISE GRADING PLAN 2288-PG (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban stoiniwater runoff, and WHEREAS, the Owner has chosen to install AN INFILTRATION TRENCH AND VEGETATED SWALES (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 City of Redlands L\ca\djm\Agreements\OM 2020 01 21 SMILEY RIDGE TH NEW Stormwater Treatment Mamtenance Agmt.docx DOC #2020-0042967 Page 2 of 13 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 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 perfotttiance 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 SUSAN L WELLS, TRUSTEE OF THE SUSAN L WELLS SEPARATE PROPERTY TRUST DOT 8-12-99, AS TO UNDIVIDED 50% INTEREST AND TODD RYAN HAIG, SUCCESSOR TRUSTEE, AND MICHAEL SEAN HAIG, SUCCESSOR TRUSTEE, AS TO AN UNDIVIDED 50% INTEREST 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 0294-091-47, and shall be recorded in the Official Records of the County of San Bernardino at the expense of City of Redlands L\ca\dim\Agreements\OM 2020 01 21 SMILEY RIDGE TH NEW Stormwater Treatment Maintenance Agmt.docx DOC #2020-0042967 Page 3 of 13 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 5 In event any action is commenced to enforce or interpret any of the teiins 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 wntten notice thereof to the other Party CITY OWNER City Engineer TODD HAIG City of Redlands 618 AMIGOS DR P 0 Box 3005 REDLANDS, CA 92373 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 OWNER Q _) t .. Charles M Duggan `, Cit anager SUSAN L WELLS,TRUSTEE OF THE SUSAN L WELLS SEPARATE ATTEST• PROPERTY TRUST: DOT 8-12-99,AS TO UNDIVIDED 50% INTEREST AND T e Donaldson, City Clerk TODD RYAN -AIG, SUCCESSOR '2.704 C (4,ef,14) City of Redlands L\ca\djm\Agreements\OM 2020 01 21 SMILEY RIDGE TH NEW Stormwater Treatment Maintenance Agmt.docx DOC #2020-0042967 Page 4 of 13 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 c Ji County of >a.f C,t r1ax c _ ll On I (1)�_�C vC� L {, 2--C before me, I_J ICLi1 >kC�.1 r1`, IN \,-t Date 1 Here Insert Name and Title of the Officer v personally appeared 04>16_( it 111, i)l,tC(0_0 f eZ; l C ���C��ti�� ;Ar>'\G ( _I:), I J Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor( j)whose name(S)is/are subscribed to the within instrum nt and acknowledged to me that 4e/s} /they executed the same in h's her/their authorized capacity(ies)� and tha-by his/ham/their signatureqs)I on the instrument the persor(sJ) or the entity upon behalf of whicFi the persorj( )acted, executed the instrument r4."01.6161"."1.166466.6.11.,..., OIANA RAINS I certify under PENALTY OF PERJURY under the `; Notary Public California laws of the State of California that the foregoing =j San Bernardino County = paragraph is true and correct Commission#2175775 M Comm Ex Tres Dec 16 2020 WITNESS my hand and official seal Signature L)A.a--r1 (, `) 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 , ' I r r, (L yvv, Ali ).) fir, C lC' ( ( �� Document Date �xsl��rl�lvlC (-1c;, 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) 0 Corporate Officer— Title(s) ❑ Partner— 0 Limited o General 0 Partner— ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact 0 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other 0 Other Signer is Representing Signer is Representing ©2017 National Notary Association DOC #2020-0042967 Page 5 of 13 TRUSTEE,AND MICHAEL SEAN HAIG, SUCCESSOR TRUSTEE, AS TO AN UNDIVIDED 50% INTEREST Sji‘A/L MALI/ TVST1E 4;11(i., 117115+e)e, #0/T/ TODD RYAN HAIG, SUCCESSOR TRUSTEE MICHAEL 7 SEAN HAIG, SUCCESS R 16(e p/o7/1 dk/C/1/1 c/V TRUSTEE 5e Attached No City of Redlands L. ca`climAgrcemcnts,OM 2020 UI 21 SMILE RIDGE TH NEN Stormwaier Treatment Maintenance Agnat.docx C-2„ • C. Oa( (I 44 - DOC #2020-0042967 Page 6 of 13 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 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 TODD HAIG City of Redlands 618 AMIGOS DR P 0 Box 3005 REDLANDS. CA 92373 Redlands CA 92 373 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 ha%e affixed their signatures as of the date first written above CITY OF REDLANDS OWNER Charles M Duggan Jr City Manager SUSAN L WELLS,TRUSTEE OF THE SUSAN L. WELLS SEPARATE PROPERTY TRUST. DOT 8-12-99,AS TO UNDIVIDED 50% INTEREST AND TODD RYAN AAIG, SUCCESSOR icc• -leffi 7,(-1f) t<L) r- City of Redlands L dim'Agreementc 051 2020 01 21 SMILE\ RIDGE TH NEN Stormt'ater Treatment Maintenance Agmt.docx DOC #2020-0042967 Page 7 of 13 CALIFORNIA 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 Jz'h; 2-7 -707e) before me, Samuel Luna Notary Public (Here insert name and title of the officer) personally appeared k(I,(,'�i X- G'>��F�.�S �1,'0:c-7Lr,e_ who prod to me on the basis of satisfactory evidence to be the personks1 whose name/are subscribed to the within instrument and acknowledged to me that he/ lthey executed the same in his/kw/their authorized capacity(ies), and that by hisJ?/their signatures) on the instrument the person.(sy, 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 Samuel Luna WITNESS my hand and official seal � I� ,. I IIQ� �r A 1 COMM #2182323 l� S d f' NOTARY PUBLIC CALIFORNIAO 117 LI .�7) ( 3Cr7-,,,,- F�3� SAN BERNARDINO COUNTY r �- _" My Comm Expires Mar t,2121 Notary Public Signature (Notary Public Seal) ♦ • INSTRUCTIONS FOR COMPLFTING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACH DOCUMENT if needed should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long r7 2� 4 72�'/7 r-e e r, e�, 4?Jl-L as the wording does not require the California notary to violate California notary (Titlew or description of attached document) T • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which (Tile or description of attached document continued) must also be the same date the acknowledgment is completed • The notary public must pnnt 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 name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural fonns by crossing off incorrect forms(i.e ❑ Individual (s) he/she/they-is/are)of circling the correct forms Failure to correctly indicate this infomiation may lead to rejection of document recording ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or Imes If seal impression smudges re seal if a (Title) sufficient area permits otherwise complete a different acknowledgment form ❑ Partner(s) • Signature of the notary public must match the signature on file 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 signet If the claimed capacity is a corporate officer indicate the title(i.e CEO CFO Secretary) www NotaryClasses.corn 800 873 9865 • Securely attach this document to the signed document with a staple _ DOC #2020-0042967 Page 8 of 13 R. i A 1 wit .' • i r i�' A notary public or other officer completing this certificate verifies only the identity ,' 1 �i of the individual who signed the document to which this certificate is attached, ' it and not the truthfulness, accuracy, or validity of that document State of California } County of C7 f \ t 0 } 1` before me, M fi�Q - 0. - td' Pac H V (Here insert name and title of the or) i ;! ,,,L,,, personally appeared I L C f Ru a v) Hag I„: ,,, who prov to me on the basis of satisfactory evidence toe the person(s) whose •' me(s) is/ re subscribed to the w µ instrument and acknowledged to me that i { he/they executed the same i er/their authorized capacity(ies), and that by 1,4 his er/their signature(s) on the ins rument the person(s), or the entity upon behalf of -.! w ich the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that ii id I the foregoing paragraph is true and correct e,--.�, CHRISTINE GILB RT i,,,,,,,,;;; WITNESS my hand and official seal ,- �. COMM #2237492 .. .- NOTARY PUBLIC•CALIFORNIA A r COUNTYSAN BERNARDINO COUNTY itlA a h �. Rt Camm Expires MAY 6,2022 j Notary Public Signature itki �1 (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document Acknowledgments i i t from other states may be completed for documents being sent to that state so long i as the wording does not require the California notary to violate California notaryrl law s (Title or description of attached document) • State and County information must be the State and County where the document !IV' signer(s)personally appeared before the notary public for acknowledgment s IIis a sssv• Date of notarization must be the date that the signer(s)personally appeared which I (Title or description of attached document continued) must also be the same date the acknowledgment is completed I isI I • The notary public must print 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 name(s) of document signer(s) who personally appear at the time of notarization °1 i i CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e VI ill ❑ Individual (s) he/she/they-is/are)or circling the correct forms Failure to correctly indicate this I information ma) lead to rejection of document recording f i ❑ p p Corporate Officer • The notary seal impression must be clear and hotogra hicall reproducible roducible ' Impression must not cover text or lines If seal impression re seal if a 'j ' I (Title) sufficient area permits otherwise complete a different acknowledgment form IS'ssi ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of I I 1 .1 I ❑ Attorney-in-Fact Additional information is not required but could help to ensure this sissSII isss( ❑ 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 t Iisssj ❑ Indicate the capacity claimed by the signer If the claimed capacity is a ! I corporate officer indicate the title(i e CEO CFO,Secretor)) isss ;I ,I , vri: ,fc €s;e,,;o,r• "'" '. ._.rei> • Securely attach this document to the signed document with a staple Irss ..1, ..•_ < zF .....,c._.< is mzaZz ,mi iisiaiI7E ,,..wu3T",E a.,.�,..ii visus,,:m--.ii ii:7-i.,xe,;..s ,ek 444,_ '+,,,74..+Y�,c�. ,. "A.s.r ...,-:t.:sx.,. alam, DOC #2020-0042967 Page 9 of 13 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 Diego one') inv4er-if ‘2.13, 2Dzo before me, Alan Schipper, Notary Public Date Here Insert Name and Title of the Officer personally appeared c 1 tS‘ec-vx14 at ci Name(.)-of gn who proved to me on the basis of satisfactory evidence to be the persoi e3 whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/s#ieftl executed the same in his/lae t4aeir uthorized capacity(ia ), and that by his/faer signatures)on the instrument the personfs), 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 AIANSCNippER is true and correct „, -"4, Notary Public Callf�rnV SanNay,C f A WITNESS my hand and official seal Co/omission.#225/375 " My Comm Expires Jul 27,2022 Signature Signature of Notary Public 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 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 or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing ©2014 National Notary Association • www NationalNotary org 1-800-US NOTARY(1-800-876-6827) Item #5907 DOC #2020-0042967 Page 10 of 13 Exhibit A Legal Description Real property in the City of Redlands, County of San Bernardino,State of California, described as follows PARCEL 1 OF PARCEL MAP 11189 AS RECORDED IN PARCEL MAP BOOK 153, PAGES 59 THROUGH 60 COUNTY OF SAN BERNARDINO, CALIFORNIA APN 0294-091-47, 3 13 AC NET L\ca\dim\Agreements\OM 2020-01 21 SMILEY RIDGE TH NEW Stormwater Treatment-Mamtenance Agmt docx DOC #2020-0042967 Page 11 of 13 EXHIBIT 'B' PLAT MAP 1 i i 1 S I < y \ %o ; N cF I \ \(26 I (N 3�-- — 1 ZooSe 4 F) �R i • i i i i -- i �" 01 I IN o I �i� 12 r I I i PARCEL MAP 11189,g9 1 i —I i W, N 1 o iN o N 1v 1 zl 1 i 1 I 1 1 I , b u 1 i 1 oF c ) w v I I CO I i I aj 0 80 160 I I — �--- —(239 08') — -- — --� (NO° 34'25"W) DOC #2020-0042967 Page 12 of 13 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP BMP or Pollution Control # Device Latitude Longitude Maintenance Frequency Provided By q y INFILTRATION TRENCH 34 018553 117 180289 OWNERS PRIOR TO 1 STORMS&48 HOURS AFTER STORMS 2 VEGETATED SWALE 34 018550 117 180315 OWNERS MONTHLY AND AFTER STORMS 3 VEGETATED SWALE 34 018466 117 180224 OWNERS MONTHLY AND AFTER STORMS 4 5 6 7 8 9 10 L\ca\dJm\Agreements\OM 2020 01-21 SMILEY RIDGE TH NEW Stormwater Treatment-Maintenance Agmt.docx DOC #2020-0042967 Page 13 of 13 BMP LOCATIONXHIBI DMAP I 1\\ 1 \\ 1 ---i , 1 1 . f r i IL1t rn )' o 'Q/O 4 Q / f O CO 7 L 1 VEGETATED SWALE I - 00.0044,\ t . .020 ".-it_7 'r I • /� INFILTRATION TRENCH VEGETATED SWAL ° I CO 77 O ool._ R 'tz Z LoQ z> j Q i o I 0 cn 30 60