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HomeMy WebLinkAboutContracts & Agreements_231-2020RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 11/10/2020 1049 AM SAN B9246 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder -County Clerk DOC# 2020-0445305 SPACE ABOVE PHIS LINE EOR 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) APN 0171-191-30 THIS AGREEMENT is made and entered into this 9 rt.k day of NoVhmBt:'R , 202,0, by and between Redlands Historical Museum Association, a California non-profit corporation ("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 the Museum of Redlands and filed as CUP NO 1103 and CRA No 899 (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 an Underground Infiltration System and Vortex Separator (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 Agreement Version SEPTEMBER 2020 DOC #2020-0445305 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 the Redlands Historical Museum Association, a California non-profit corporation 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 No 0171-191-30 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 Agreement Version SEPTEMBER 2020 DOC #2020-0445305 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 Stephen P Stockton, President Redlands Historical Museum Association P O Box 470 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 Agreement Version SEPTEMBER 2020 DOC #2020-0445305 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 Jr , y Manager Attest e Donaldson, City Clerk City of Redlands Agreement Version SEPTEMBER 2020 OWNER en P S • ckt a n, President ands Historical Museum Association, a California non-profit corporation CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT DOC #2020-0445305 Page 5 of 10 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 II County of .af1 1(\4.-011 v) O On Nnv~ iaer 9) 2.010 before me Date personally appeared /,, L1gs } LI' an a 'Rat nS , Kk-i-corui Akio (tc. Here Insert Name and Title of the Officer a,r1 �r and Jea Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor0 whose nama /are subscribed to the within instrum t and acknowledged to me thathe/e/they executed the same in Iltis/h1K/their authorized capacit and that by h1Q(h'r/their signatureJs on the instrument the person or the entity upon behalf of which the persoacted, executed the instrument DIANA RAINS Notary Public California _ San Bernardino County Commission * 2175775 My Comm Ex fires 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 Lk&F?J.1. &A/Le) 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 — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator O Other Signer is Representing Signer is Representing Signer's Name 0 Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General O Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other ©2017 National Notary Association DOC #2020-0445305 Page 6 of 10 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 5'j Fxrriaok On 16)9_1)2n before me, personally appeared S V heill S (Here insert name and titl of the officer) who proved to me on the basis of satisfactory evidence to be the person whose name /are subscribed to the within instrument and acknowledged to me that i/sIte/theyexecuted the same 1 %/her'/therr authorized capacity(i ), and that by 6/.hef/their signatureK on the instrument the persons); 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 ITNE_ S y hand and official seal 6 • gnatiotary Public (Notary Seal) RANDI PAYNE Notary Public - California Z San Bernardino County a Commission # 2200822 My Comm Expires Jun 15 2021 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT 5 jZ tr) oit —iv -Wed out) f (Titleor description of attacheddocument) ent) V0/il e Yelq riun+ (Title or description tacheddocument continued) Number of Pages Document Date ilk )2'z (Additional information) CAPA ITY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) El Other • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed rn California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e certifying the authorized capacity of the signer) Please check the document carefully for proper notarial wording and attach this form tf required • 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 must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her 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 • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e he/she/they, is /are ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges re seal if a sufficient area permits otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document • Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title (i.e CEO, CFO Secretary) • Securely attach this document to the signed document 2008 Version CAPA v12 10 07 800 873 9865 www NotaryClasses.com DOC #2020-0445305 Page 7 of 10 Exhibit "A" Legal Description ALL THAT PORTION OF LOT 4, BLOCK 27, ACCORDING TO ADDITIONAL MAP NO 4, PART OF THE SECOND PRELIMINARY MAP OF REDLANDS, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 5, PAGE 6 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGININNG AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT OF WAY OF BROOKSIDE AVENUE (100 FEET WIDE) AND THE SOUTHWESTERLY RIGHT OF WAY OF CENTER STREET (80 FEET WIDE) THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY OF BROOKSIDE AVENUE SOUTH 56°20'30" WEST 317 00 FEET THENCE PARALLEL WITH THE SOUTHWESTERLY RIGHT OF WAY OF SAID CENTER STREET NORTH 33°40'00" WEST, 240 00 FEET THENCE PARALLEL WITH THE SAID NORTHWESTERLY RIGHT OF WAY OF BROOKSIDE AVENUE NORTH 56°20'30" EAST, 317 00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY OF SAID CENTER STREET, THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY OF SAID CENTER STREET SOUTH 33°40'00" EAST, 240 00 FEET TO THE POINT OF BEGINNING. AREA 76 080 SQUARE FEET (1 75 ACRES) MORE OR LESS PREPARED. BY MARK S WHITMER, L S 5535 DATE 10-29-2020 J LAND MARK S WHITMER L S No 5535 0 00 Exhibit "B" Plat Map \ No An - EXISI ING I OT t INE TO BE REMOVEC 000 YGOIN DF Lo1 BLOGr< 1.7 ADDI Y1O1NlAL MRP NO - 2nd PEEL;MIINIAP'Y MAPF \ Dr 000LAINiDS �1B 5/5 APN 0171-191-24 F APN 0171 191 25 N1 00 1 00 PO�� 3 -by oo. 4, 7 4y4 7. 4s) 00 i 00 0\ 0 DOC #2020-0445305 Page 8 of 10 t N SCALE 1 =80 DOC #2020-0445305 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 Subsurface Infiltration 34 052636 -117 192141 Owner 72 Hours After Rain 2 Vortex Separator 34 052646 -117 192276 Owner 3x Per Year 3 4 5 6 7 8 9 10 Exhibit D BMP Map DOC #2020-0445305 Page 10 of 10 iu+ni 1111 11uiii.ui, 1 �i 11 ul 11,11 °nuuno+,Fu, /7177777 o - y BROOKSIDE AVENUE SCALE 1"=50' CENTER STREET