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Home My WebLink AboutContracts & Agreements_41-2014JGmie_ kp,+7el RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Recorded in Official Records, County of San Bernardino 4107/2014 DENNIS DRAEGER 3.00 PM ".ZIA, ra ors ASSESSOR — RECORDER —CLERK CA P Counter CITY CLERK DoC#: 2014— 0121908 Titles: 1 Pages: s CITY OF REDLANDS I Fees e.zz P.Q. BOX 3005 Either e.00 REDLANDS, CA 92373 PAID se.ee - ;t3' ,;z SPACE ABOVE THIS LINE FOR RECORDER's USE i_) �Z t kt PER ICG0VLEIY'] rILNT LODE SrCiiCifi1 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0300-201-26 THIS AGREEMENT is made and entered into this day of ,,g , 2014, by and between Lalita and Naresh Bakshi ("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 Lalita Day Care located at 31587 Alta Vista Drive and filed as CUP 989 (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 Vegetated Swales, Roof Controls, Efficient Irrigation, and a Gravel Infiltration Basin (the "Devices") to minimize pollutants in urban stormwater runoff; and WHEREAS, the Devices have been installed in accordance with plans and specifications approved by the City; 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 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 Lalita and Naresh Bakshi 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 City's Public Works Director 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. 0300-201-26, 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. 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 City Engineer City of Redlands P.O. Box 3005 Redlands, CA 92373 OWNER Lalita and Naresh Bakshi 767 Devonshire Drive 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: �A Pete Aguilar, Mayor Attest: Sam Irwin, Ci Clerk 1 r. L► ,3�� . . Lalf a Bakshi CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California, County of San Bernardino, On April 3, 2014, before me, Alex E. Avelar, Notary Public, personally appeared Naresh Bakshi and Lalita Balrshi, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) }Aare subscribed to the within instrument and acknowledged to me that 1V/sh6/they executed the same in W/ier/their authorized capacity(ies), and that by WIW6their 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 and official seal all Signature of Notary Public DESCRIPTION OF THE ATTACHED DOCUMENT (Title or Description of attached document) (Title or description of the attached document continued) Number of Pages Document Date Additional Information CAPACITY CLAIMED BY SIGNER ALE% E. AVELAR CammlSsion # 2049399 Notary Public - California n San Bernardino County i1A Comm, Ex Eras Qec 17, 2017 Exhibit A Legal Description LOT 3 OF TRACT 3311 RECORDED IN BOOK 44 PAGES 5 TO 7 OF MAPS RECORDS OF SAN BERNARDINO COUNTY, r l Exhibit B Map EXHIBIT "B" PLAT MAP SCALE: 1 =50 STRIP MALL LOT 2 TRACT 3311 M.B. 44/5-7 N o� SFpOi� A.P.N. 0300-201-26 LOT 3 TRACT 3311 M.B. 44/5-7 SFR LOT 4 TRACT 3311 M.B. 44/5-7 STRIP MALL LOT 1 TRACT 3311 M.B. 44/5-7 r7 ro MFR A.P.N 0300-201-34 MFR A.P.N 0300-201-35