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HomeMy WebLinkAboutContracts & Agreements_80-2020RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P 0 BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 04/30/2020 0405 PM SAN 11113 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder -County Clerk DOC# 2020-0149030 SPACE ABOVE FRES LINE FOR RECORDER S USE Titles 1 Pages 10 Fees Taxes CA SB2 Fee Total $0 00 $0 00 0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) [0294-111-17] THIS AGREEMENT is made and entered into this ' day of � Y1) , 20a), by and between [Theron L Vines Jr and Geneil Vines, husband and wife as joint 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 [ 1922 Edgefair Lane, Redlands, CA 92373] and filed as [M19-0037] (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 [24 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 Z \redlands veneil\WQMP'S\LOT 3\Stormwater Treatment -Maintenance Agreement Template (002) lot 3 docx DOC #2020-0149030 Page 2 of 10 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 [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 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. AH 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 [0294-111-17], 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 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 httpsJ/futronoengineering- my sharepoint.comlpersonal/edmundo futronoengineering com/Documents/work/redlands veneil/WQMP'S/LOT 3/Stormwater Treatment -Maintenance Agreement Template (002) lot 3 docx DOC #2020-0149030 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 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 [Theron L Vines Jr. and Geneil Vines, husband and wife as Joint 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 writing and approved by the City Council of City and signed by the City and the Owner City of Redlands https.//futronoengineering- my.sharepoint.com/personal/edmundo futronoengineering_com/Qocuments/work/redlands veneil/WQMP'S/LOT 3/Stormwater Treatment -Maintenance Agreement Template (002) lot 3.docx DOC #2020-0149030 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS Charles M Duggan Attest OWNER nager Thero a e Donaldson, City Clerk Vine: r. hu an Genet) Vine , wife My m Redlands https://futronoeng i neering- my sharepoint.com/personal/edmundo futronoengineenng_com/Documents/work/redlands veneil/WQMP'S/LOT 3/Stormwater Treatment -Maintenance Agreement Template (002) lot 3.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT DOC #2020-0149030 Page 5 of 10 CIVIL CODE § 1189 ::; 6<a'�.": •3:;�1a'. �•S7 �Y€iresa:r{;-5`f•;n'rryErr zg:T::•sre•<:;y,>•rer..•...,..r- - r..5.�--., r:c••re.... ., ....r,.a....a.ss::�.s.:...:v.3st'.;r:�9:..�<....:`:'rS:1.•9:�i)`.•gl:�s'r)a€e:�({:�;r.?;:€r.�, �4aTi�:�s� as'•.":°i.Y�:%i9:��n3S•"c+K 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'::)()2‘. \Th < On oP Date personally appeared before me, Here Insert Name and Title of the Officer C11C\_ r le` S 1 �)c �:eL-N Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(6Pi11are subscribed to the within instrumAtt and acknowledged to me that fie/sire/they executed the same in h/her/their authorized capacity(•es), and that y his/h2r/their signature j on the instrument the persona or the entity upon behalf of which the perso s) acted executed the instrument DIANA RAINS Notary Public California San Bernardino County Z% Commission • 2175775 Mx Comm ExDec 16, gel 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 ) izat 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 Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) O Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact O Trustee 0 Guardian of Conservator ❑ Other Signer is Representing Signer's Name O Corporate Officer — Title(s) O Partner — 0 Limited 0 General O Attorney in Fact ❑ Guardian of Conservator O Individual O Trustee O Other Signer is Representing T� a ., :P <:i.J:S. s'.+Yfi Tx . ..,r• • .cT-.Y • .,S v.. •.•yoV• `•2 .. �t•'� r W:S:• •!✓STs •y; • ;T.• ,t;.€::.:r ., •-- �r:t::a..,.a.:�Xv1-.`•"•R.�:•�::):.;...?:;i.:.-.:..r`1.��:-:i::fs:�:{•�-•.c..:F,�:-.Y•'st......�:.3u_.z.€#a£�E.T'.�a.�'•:=::^-E'ria4.J?:'r.:=i3:@:�k:�... ��^.r.......a�>at,•.•.:.«.-:�..s{•,.:.�a:%aT<?Tt•;8�:i''...:...s.a:v ©2017 National Notary Association DOC #2020-0149030 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 ofjqri-„L-alina On Avyi ( before me, �' . C�aWI r I�ilir 11 t) (insert name and titl&of the officer) personally appeared , t 01tv—Theron L \(0/104 r. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) rslare subscribed to the within instrument and acknowledged to me that /they executed the same in lir/their authorized capacity(ies), and that by 4/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 ha •_. d official seal *t*4*'tttt**t****t*tttt*t*t*tt**** t***** • ° • °• • REBECCA MICHELLE NEWBRY ,'• s' COMM #2152437 {yj w„, , °! NOTARY PUBLIC CAUFORNIA g frz,SAN BERNARDINO COUNTY * * < T My Commission Expires May 8 2020 oo�w t*********i**********t***tt*******4***t Signatur- (Seal) Exhibit A Legal Description For APN/Parcel ID(s): 0294-111-17 DOC #2020-0149030 Page 7 of 10 Parcel No 3 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 httpsi/futronoengineering- my.sharepomt.corn/personal/edmundo_futronoengineering_com/Documents/work/redlands veneil/WQMP'S/LOT 3/Stormwater Treatment -Maintenance Agreement Template (002) lot 3 docx NTS RESIDENTIAL PL PL Exhibit B DOC #2020-0149030 Page 8 of 10 0176-142-01 PARCEL NO 3 OF PARCEL MAP 8226 IN THE CITY OF REDLANDS COUNTY OF SAN BERNARDINO BOOK 91 OF PARCEL MAPS PAGES 25 AND 26 APN # 0294-111-17-0000 PL FO 0Fp �\ R R/W PL 02 94-111-15 RESIDENTIAL DOC #2020-0149030 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices Z \redlands veneil\WQMP'S\LOT 3\Stormwater Treatment -Maintenance Agreement Template (002) lot 3 docx Stormwater Pollution Control Devic • s BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency 1 SC -310 Chambers 34 0178 ° -117 1571° Owner According to manufacturer 2 Sand & Grease Interceptor 34 0177° -117 1570° Owner Monthly during rainy season 3 Trench Drain 34 0176° -117 1569° Owner Monthly during rainy season 4 5 6 7 8 9 10 Z \redlands veneil\WQMP'S\LOT 3\Stormwater Treatment -Maintenance Agreement Template (002) lot 3 docx NTS RESIDENTIAL PL DOC #2020-0149030 Page 10 of 10 Exhibit D PL Plat Map 0176-142--01 N 89° 10 22 W 170.01' e - 5'p BMP 1 (24) STORMTECH SC -310 CHAMBERS N 5° 07'12'E //-PL PL co GFA 82.47 00, BMP 2 SAND AND RAW 00, R3,53 L,309 GREASE INTERCEPTOR 0294-111-15 RESIDENTIAL BMP 3 TRENCH DRAIN W/FILTER