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HomeMy WebLinkAboutContracts & Agreements_15-2021RECORDING 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 0 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder -County Clerk 01/29/2021 08 05 AM SAN 14311 DOC# 2021-0043802 Titles 1 Fees Taxes CA SB2 Fee Total SPACE ABOVE THIS LINE FOR RECORDER S USE Pages 10 $0 00 $0 00 $0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) [0294-111-16] THIS AGREEMENT is made and entered into this � day of 2O (, by and between [Theron L Vines and Geneil Vines, husband and wife as point tenant ("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 [1932 Edgefair Lane, Redlands, CA 92374] and filed as [M19-0166] (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 [38 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 https //futronoengineering- my sharepoint com/personal/edmundo_futronoengineering_com/Documents/work/Information_/redlands veneil/WQMP'S/LOT 2 NEW (8-2020)/Stormwater Treatment -Maintenance Agreement Template (002) lot 2 doc DOC #2021-0043802 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 and Geneil Vines, husband and wife as point 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 [0294-111-16], 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 hen 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 https //futronoenglneering- my sharepoint com/personal/edmundo_futronoengineering_com/Documents/work/Information /redlands veneil/WQMP'S/LOT 2 NEW (8-2020)/Stormwater Treatment -Maintenance Agreement Template (002) lot 2 doc DOC #2021-0043802 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 0 Box 3005 Redlands, CA 92373 OWNER [Theron L Vines 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 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/Documents/work/Information /redlands veneil/WQMP S/LOT 2 NEW (8-2020)/Stormwater Treatment -Maintenance Agreement Template (002) lot 2 doc DOC #2021-0043802 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 Dugga na er gg City Attest OWNER J Theron L Vines, husband Donaldson, City Clerk Geneil Vin s, wife City of Redlands https //futronoengineering- my sharepoint com/personal/edmundo_futronoeng ineering_com/Documents/work/Information_/redlands veneil/WQMP'S/LOT 2 NEW (8-2020)/Stormwater Treatment -Maintenance Agreement Template (002) lot 2 doc DOC #2021-0043802 Page 5 of 10 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 Califo la Co ty of I ' corcYwoO On 14;, , (' 11 / i before me, f D te per .nally appeared Here .4,, k�ilett)( I ert Nam- a `d T le of t5e O 1_ 'A L' Jli' /,•J; of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that Iy4/sJre/they executed the same in 1-14/W/their authorized capacity(ies) and that by h}6/I r/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 L R MCCASLAND Notary Public California L o Riverside County �. Commission # 2319647 '<I,Q`" My Comm Expires Feb 19 2024 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signat ' of Notary Public Though this section is optional, 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Titie(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 7:t;Y c: cc ez� cz�zc�c�z�c�z�z�crz�z�c�r�ez�cu�z��z ©2014 National Notary Association • www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT DOC #2021-0043802 Page 6 of 10 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 Ca forma County of Y{XAIV�I� On t1'Wu , before me, UM M/1613,1 U personally appeared L Vitus & n4 l- /�tilaL vLk S , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authonzed capacity(ies), and that by his/her/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 State of California that the foregoing paragraph is true and correct REBECCA M NEWBRY Notary public California San Bernardino County t Commission # 2336488 My Comm Expires Oct 27, 2024 PLACE NOTARY SEAL ABOVE WITNESS my hand official seal SIGNATURE Though the information below is not required by law, it may prove valuable to persons i' ing on the document and could prevent fraudulent removal and reattachment of this form to another document Description of attached document _ Title or type of document , ,,,4y 1 kLI,- L°, SGL. eiVzhtA YQ 4,6--e-CC Ill a vid-bi /A/RA - tuntu Qui& Nc, b aq 4-111-1 le) Document Date Number of Pages Signer(s) Other than Named Above Exhibit A Legal Description For APN/Parcel ID(s): 0294-111-18 DOC #2021-0043802 Page 7 of 10 Parcel No 2 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 https //futronoengmeermg- my sharepoint com/personal/edmundo_futronoengmeermg_com/Documents/work/Information_/redlands veneil/WQMP'S/LOT 2 NEW (8-2020)/Stormwater Treatment -Maintenance Agreement Template (002) lot 2 doc DOC #2021-0043802 Page 8 of 10 PL RESIDENTIAL 0294-111-17 Exhibit B Plat Map R/W PARCEL NO 2 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 PL NTS PLN RESIDENTIAL 0294-111-04 RESIDENTIAL 0294-141-33 DOC #2021-0043802 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices https //futronoengmeermg- my sharepomt com/personal/edmundo_futronoengineermg_com/Documents/work/Information_/redlands veneil/WQMP'S/LOT 2 NEW (8-2020)/Stormwater Treatment -Maintenance Agreement Template (002) lot 2 doc Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 SC -310 Chambers 34 01734 ° -117 1568 Owner According to manufacturer 2 Sand & Grease Interceptor 34 0174° -117 1569° Owner Monthly during rainy season 3 Trench Drain 34 01749° -117 1548° Owner Monthly during rainy season 4 5 6 7 8 9 10 https //futronoengmeermg- my sharepomt com/personal/edmundo_futronoengineermg_com/Documents/work/Information_/redlands veneil/WQMP'S/LOT 2 NEW (8-2020)/Stormwater Treatment -Maintenance Agreement Template (002) lot 2 doc DOC #2021-0043802 Page 10 of 10 PL RESIDENTIAL 0294-111-17 1 L-750 60' R..47 00' A - 183.6577 R/W BMP 3 TRENCH DRAIN W/FILTER Exhibit D Plat Map 1/�" y, \� 1 PL - BMP 1 (38) STORMTECH SC -310 CHAMBERS BMP 2 SAND AND GREASE tiy ,INTERCEPTOR eo'` ti� 0 2 PL RESIDENTIAL 0294-1 1 1-04 ti PLS NO0'42 56"W 249.91'