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HomeMy WebLinkAboutContracts & Agreements_136-2020RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS PO BOX3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Recorded in Official Records County of San Bernardino Bob Dutton Assessor -Recorder -County Clerk DOC 1 2020-0202391 06/18/2020 11.23 AM SAN G8467 SPACE ABOVE THIS LINE FOR RECORDER'S USE Titles. 1 Pages 10 Fees 0 00 Taxes. 0 00 CA SB2 Fee 0 00 Total 0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 0294-091-17-0000 THIS AGREEMENT is made and entered into this l(QT14 day of TU IJ L , 2020, by and between Edward Quarshie & Nana Sheila Oteng-Quarshie, 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 28300 San Timoteo Canyon Road] and filed as 2257 -PG] (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 Infiltration Basin & Fossil Filter] (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 Cityof Redlands \\SERVER\projects\C1 Redlands\JN3104Ed\VVQMP\Stormwater Treatment -Maintenance Agreement Template.docx 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 Edward Quarshie & Nana Sheila Oteng- Quarshie, 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. 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. 0294-091-17- 0000], 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 \\SERVER\projects\CI RedlandsUN3104Ed1WQMP\Stormwater Treatment -Maintenance Agreement Template.docx } 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 Edward Quarshie & Nana Sheila Oteng- Quarshie] Owner] 950 Wedgewood Ct.] Rialto, Ca 92376] 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. Cfty of Redlands \\SERVER\projects\CI RedlandsUN3104Ed1WQMP1Stormwater Treatment -Maintenance Agreement Template.docx IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS Charles M Duggan , Cit • anager Edward ►' arshie Owner, usband Attest nne Donaldson, City Clerk Nana Sheila Oteng-Quarshie Owner Wife City of Rtsifaiuia \\SERVER\projects1C1 RedlandsUN3104Ed\WQMP\Stormwater Treatment -Maintenance Agreement Template.docx 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 [ Q C fNaX— \,IY\I� On nikm- :C. L 612 -olio before me Date ,/y� personally appeared I r r } . (arto. ,cnS fvoj-o. '1 PLOT..0 Here Insert Name and Title of the Officer Name(s) of Signer(s) S.e=o.x../e..b or.. t*---\ a So r1 who proved to me on the basis of satisfactory evidence to be the persons whose nam A/are subscribed to the within instrument and acknowledged to me that rtslsRs/they execuTed the same in hls/rrer/their authorized capacity(0) and that by h1s/heeNtheir signature(0 on the instrument the person() or the entity upon behalf of which the person sjacted executed the instrument. DIANA RAINS Notary Public California San Bernardino County Commission * 2175775 M Comm. Ex fres 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 1)1.1CL Za-1/4-"4 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. 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 ❑ Other Signer is Representing 0 Guardian of Conservator Signer's Name ❑ Corporate Officer — Title(s). ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Guardian of Conservator O Trustee ❑ Other' Signer is Representing ©2017 National Notary Association 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 &_.g7pril /ft- } County of lam', X.2r/n44nb } On 6/0-ea0 before me Samuel Luna Notary Public (Here Insert name end lb) of the officer) personally appeared /✓r94/i9 OTENi - 621.4.4 esiwe FOGf/A,20 (94,QJ'(14" who proved to e on the basis of satisfactory evidence to be thearson s) whose ame s bscribed to the within instrument and acknowledged to me that he/sh ecuted the same in his/her '4 uthorized capacity(ies), and that by his/her j 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. 4 Notary Public Signature • ADDITIONAL OPTIONAL INFORMAT ON (Notary Public Seal) Samuel Luna = COMM.#2182323 C OTARY PUBLIC - CALIFORNIAr SAN BERNARDINO COUNTY My Comm. Expires Mar.1, 2021 DESCRIPTION OF THE ATTACHED DOCUMENT a,—, 74E/7 C E (The or sanction at attached document) nt/ ✓�.C/+? 2n T (Title or dbsedation of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other www.NataryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM Thisform c mplles with current California statutes regarding notarywording and, Vneeded, should be ompleted and attached to the document. Arturo vledgments from other states may be ompleted for documents being sent to that state o long as the rding does not require the Califon:: atary to slate California okay law. State and County informatio must be thc State and County where thc document igner(s) personally appeared before the notary publi for eknowledgment. Date of notarization must be the date that the igner(s) personally appeared which must also be the same date the acknowledgment is ompleted The otary publi must print bis her name as it appears within his her omnussr n followed by a omma and then your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of otarizatio Indicate the correct singular or plural forms by crossing off incorrect forms O.c he/she/theyr rs /aro) or circling the correct forms. Failure to correctly indicate this nformatioo may lead to rejection of document recording. The notary seal impression must be clear nd photographically apwducible Impression must not cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with the off, of the my clerk. Additio al informatio of required but ould help to vasty this cknowledgment is not misused or attached to a dif meat document. Indicate title r type of attached document, number of page end date Indicate the capacity claimed by the igner. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document with a staple Exhibit A Legal Description All that certain real property situated in the County of San Bernardino State of California described as follows: That portion of the East'' 34 of the Northwest 1/4 of Section 10, Township 2 South, Range 3 West, San Bernardino Base and Meridian, fn the City of Redlands, County of San Bernardino, State of California, according to the Official Plat thereof described as follows: Beginning at the intersection of the East line of the West''/: of the Northwest % of Section 10, Township 2 South, Range 3 West, San Bernardino Base and Meridian, with the centerline of San Titnoteo County Highway; thence South 42° 25' East along the centerline of said highway 128.8 feet; thence South 40° 22' East 212.35 feet; thence South 29° 25' West along the Northwesterly boundary line of the Smiley Reservoir Lot 162.15 feet; thence South 13° 39' East 128.55 feet; thence South 58° 51 East 81.65 feet; thence South 38° 38' East 103.15 feet; thence South 67° 55' West 310 feet more or less to the Easterly line of the West % of the Northwest ''/° of said Section; thence North along said East line 727.8 feet to the point of beginning. 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SY 099010930 .40313111 LY1d 7001140 3111 01 010121000Y W911011110 30 31Y1S 'IXNK9M0138 MS 30 1011700 SCW1038 10 .400 3114 M women ow 3519 OAWMN939 NYS '1511 C 3079 'HMOS 9 &1611701 St 11011035 40 91 MAMMON 311d05115193111d01100904AWL .5407703 SY 038191930 W4103110 30 3029 0709111938 015 10 2107100 3111 7 031UWS A110dGYd 7139 771133 1191 71Y r :NWLd!l0S3O 7VJ37 0000-14-460-i6J0 PON 7308YS SNOSS3SSY not-BLa ltsoj 6L9a6 YO 1110000 a0a31SY'04� 5 300* C, YS N SINT 'Hd a96-999 (C1a) MI6 YO 'OL'MI1 7a 000M3003M 096 '31HSdM10 O9YM03 :I tti dlr�W 1b7 aa& .L 81HX3 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollutions Latitude Control Longitude Devices Frequency Maintenance Provided By 1 TC -11 Infiltration Basin #1 34.01453 -117 18606 Edward Quarshie Quarterly 2 TC -11 Infiltration Basin #2 34.01485 117 18562 Edward Quarshie Quarterly 3 Area drain with fossil filter 34.01463 117.18576 Edward Quarshie Quarterly 4 5 6 7 8 9 10 \\SERVER\projects\CI RedlandsUN3104Ed\WQMP\Stormwater Treatment -Maintenance Agreement Tetnplate.doox EXHIBIT "D" MP LOCATION MAP LEGEND: SD -11 SD -12 TC -11 WC/NITY IMP 1AS MOW SLOE MSS MN INCE sia 0®9-8 1\ 12"x12" CATCH BASIN WIC 1,12' FLOGARD + PLUS CATCHH BASIN INSERT MODEL N0�- 1::7/ / FGP-12F,,HS- --Tri. /- i -/i iii =' "\:,,-`ti. BMP13 �} i s ,j '4\.,4'c\\ 4/ Gti/iv S:7 �11 r' %kJ i.` s 20'x6' INFILTRATION BASIN s wr APPLICATION: ROOF RUNOFF CONTROLS LANDSCAPE AREA INFILTRATION TRENCH OWNER 0 ELOPER: EDWARD QUARSHIE 950 WEDGEWOOD CT. RIALTO, CA 92376 (213) 626-9547 PH. ENGINEER: SAKE ENGINEERS INC. 400 S. RAMONA AVE. .57E. 202 CORONA, CA 92879 (951) 279-4041 ASSESSORS PARCEL NO.' 0294-091-17-0000 TOTAL ACRE4CF- 2.83 AC 1 'x6' INFILTRATION BASIN /2 1 sg133 it SADSE a MO 0111201227 ca s MOM AC AE MP CARIAI 050 I ar in -EW CITY OF REDLANDS OPERATION 8 MAINTENANCE PLAN FOA APR021M4191-174:000 SITE PLAN stun AS sxaaN a PLAN SW N0. 1 w 1 ams RIE N0. 1 inch = BO ft.