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HomeMy WebLinkAboutContracts & Agreements_48-2020RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO DOC# 2020-0093514 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder -County Clerk CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 03/16/2020 Titles 1 Pages 10 0359 PM SAN Fees $0 00 Taxes $0 00 11113 CA SB2 Fee 0 00 Total $0 00 SPACE ABOVE THIS LINE FOR RECORDERS USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) [0294-111-18] THIS AGREEMENT is made and entered into this 12 day of a-rc-P( , 20 , by and between [Theron L Vines Jr and Geneil Vines, husband and wife as point tenants] ("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 [1912 Edgefair Lane, Redlands, CA 92374] and filed as [M19-0036] (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 [ 16 Stormtech SC -310 Chambers, Sand & Grease Interceptor and Trench Drain] (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 K \Development\DEVELOPMENT FILES\M1sc Dev - Address Files\1912 Edgefair Ln\Stormwater Treatment -Maintenance Agreement Template (002) docx DOC #2020-0093514 Page 2 of 10 WHEREAS, the Devices being installed on private property and draining only pnvate property, are pnvate 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 [Theron L Vines Jr and Geneil Vines, husband and wife as joint tenants] agree as follows AGREEMENT 1 The Owner hereby provides the City and its designees with full nght 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 m 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 perfoiui 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 authonzed 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 [0294-111-18], 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 K \Development\DEVELOPMENT FILES\Mise Dev - Address Files\1912 Edgefair Ln\Stormwater Treatment -Maintenance Agreement Template (002) docx DOC #2020-0093514 Page 3 of 10 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 pnor 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 City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 OWNER [Theron L Vines Jr and Geneil Vines, husband and wife as point tenants] [303 Brookside Avenue,] [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 wasting and approved by the City Council of City and signed by the City and the Owner City of Redlands K \Development\DEVELOPMENT FILES\Misc Dev - Address Files\1912 Edgefair Ln\Stormwater Treatment -Maintenance Agreement Template (002) docx DOC #2020-0093514 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first wntten above CITY OF REDLANDS (1,W 11 Charles M Duggan Jr , Attest ty Manager OWNER Theron L Vines e Donaldson, City Clerk Geneil Vine., wife City of Redlands K \Development\DEVELOPMENT FILES\Misc Dev - Address Files\1912 Edgefair Ln\Stormwater Treatment -Maintenance Agreement Template (002) docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT DOC #2020-0093514 Page 5 of 10 CIVIL CODE § 1189 ..e ...•;!.x•-!P14.x.x!:.4:+.r�G x!..e.^.;4!ie•:.Rsd.,!.e..•.s.»... ;..s...s.:., .;wy;. w4:` s . ., se;,.s:¢i^. +4+...4!G•.p..rLJ...•.•..a..ey:s;�!{sys.{,.�v•. :...Y{..:.. l� � d.+ny �� ss...x:.^s..:•..«4.+.xd.......c.;.a»�..:Vt''.:s..e.<..iS. *`:7•..+..+.r' ,,Yaaasr5r:1a4...c 3rr::rr:mor.::sar..s:,..;s> s3:7�:+...w:•.:�r.:.•..v.:.a•v5.. �.,».»e:r-.ay,::::i�'•:.•e:;�r•.s::.. 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 S vN -Pm r �(4'" On �r ,� 2_01— C before me, I �� bmC l TI S / D.t-( --(_f PLdd le Date Here Insert Name and Title of the Officer personally appeared iab' S , 16L,tcyja)A , rK— Ct v1(1 J e col 1 riC Name(s) of Signer(s) 1 who proved to me on the basis of satisfactory evidence to be the persons Nhose name isiare subscribed to the within instru nt and acknowledged to me that hb/siae/they executed the same in h*/liar/their authorized capacit est, and that b hWRer/their signature j on the instrument the persons or the entity upon behalf of which the person s) cted, executed the instrument raii*Nationwidimb DIANA RAINS 1NotarybliChub0i San Bernardino County I Commission * 2175775 z My Comm Expires 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 Signature OPTIONAL Signature of Notary Public 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 S s\') �- C� � EL�� �t 0__QA 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 — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited ❑ General O Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing ©2017 National Notary Association DOC #2020-0093514 Page 6 of 10 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 `) t, Yk r o (-1 I k) b On NI 21 r z - before me,or( V11��� Ilr h �: �vt, , fid) --i--6 (insert name and title of the officer) personally appeared Cy -v'. 1 (Lori I_ V, r s- ,v who proved to me on the basis of satisfactory evidence to be the persons , whose nam) are subscribed to the within instrument and acknowledged to me that behsheheyjxecuted the same in hie/her t etr, uthonzed capacity( and that by his/hCi/their signature on the instrument the person s', or the entity upon behalf of which the persons 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 Sign‘at_ ure_L ****************************** * ▪ "•�. REBECCA MICHELLE NEWBRY; COMM #2152437 N . t2. ° NOTARY PUBLIC CALIFORNIA 2 - t SAN BERNARDINO COUNTY .. . My Commission Expires May 8 2020 *************************************** (Seal) Exhibit A Legal Description For APN/Parcel ID(s) 0294-111-18 DOC #2020-0093514 Page 7 of 10 Parcel No 4 of Map 8226, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in book 91 of Parcel Maps, pages 25 and 26, records of said county K 'Development\DEVELOPMENT FILES\Misc Dev - Address Files\1912 Edgefair Ln\Stormwater Treatment- Mamtenance Agreement Template (002) docx NTS Exhibit B Plat Map 0176-142-01 R/W--\ PM 8226 PARCEL 4 BOOK 91 PAGES 25 and 26 SAN BERNARDINO COUNTY DOC #2020-0093514 Page 8 of 10 R/W 0294-111-12 DOC #2020-0093514 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices K \Development\DEVELOPMENT FILES\Misc Dev - Address Files\1912 Edgefair Ln\Stormwater Treatment Maintenance Agreement Template (002) docx Stormwater Poliu on Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 SC -310 Chambers 34 01807 ° -117 1576° Owner According to manufacturer 2 Sand & Grease Interceptor 34 0180° -117 1575° Owner Monthly during rainy season 3 Trench Drain 34 01784° -117 15750 Owner Monthly dunng rainy season 4 5 6 7 8 9 10 K \Development\DEVELOPMENT FILES\Misc Dev - Address Files\1912 Edgefair Ln\Stormwater Treatment Maintenance Agreement Template (002) docx N TS N ^• DOC #2020-0093514 Page 10 of 10 Exhibit D Plat Map 0176-142-01 R/W _ N89" 10'22'W\ 249 78' R/W L=42 02' R=55 00' L=4378' R/W �O G� cp 0294-111-78 c<,<‘c<,<‘ \\ 0294-111-12 BMP 1 (16) STORMTECH SC -310 HAMBERS NEW 316SF O RESIDENCE 1'Z` i t.r 1 1'A BMP2 SAND AND GREASE INTERCEPTOR L=64 82' R=237 14'1 6'<g'k .90 BMP3 \, TRENCH DRAIN W/FILTER RW