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HomeMy WebLinkAboutContracts & Agreements_16-2021RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO DOC# 2021-0043804 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 01/29/2021 Titles 1 Pages 10 08 05 AM SAN Fees $0 00 Taxes $0 00 F3010 CA SB2 Fee $0 00 Total $0 00 SPACI AI3OVI Il IIS I INI- FOR RI CORDLR S USI STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0294-141-72 THIS AGREEMENT is made and entered into this 1` Z }� day of 4/ /70'sftC : , 20,{ I, by and between GORDON WILLARD PETERSON and MYRA LEE PETERSON/Husband and Wife as Tenants in Common ("Owner'), and the City of Redlands, a municipal corporation ("City") The Owner and the City are sometimes each individually reterred 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 1200 Edgemont Drive] and filed as 2315 -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 a Bioretention Basin and Catch Basin Inserts (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 //jebonadiman sharepoint com/sites/DocumentCenter/JOBS/2019/194703 Ken Scofield Architect 200 Edgemont Drive Redlands CA/WQMP/6 3 Post Construction/Stormwater Treatment -Maintenance Agreement Template docx DOC #2021-0043804 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 GORDON WILLARD PETERSON and MYRA LEE PETERSON, Husband and Wife as Tenants in Commonagree 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 Owners 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 perforin 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 0294-141-72],, 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 //iebonadiman sharepoint com/sites/DocumentCenter/JOBS/2019/194703 Ken Scofield Architect 200 Edgemont Drive Redlands CA/WQMP/6 3 Post Construction/Stormwater Treatment -Maintenance Agreement Template docx DOC #2021-0043804 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 GORDON WILLARD PETERSON and MYRA LEE PETERSON. 200 Edgemont Drive]; 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 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS Cit Charles M Duggan r , Ci Manager CALIFORNIA NOTORIAL LOOSE CERTIFICATE ATTACHED OWNER 4177i ' GOkDON WILLARD PETERSON, Husband as Tenant in Common /�(��'�L Biz'! ✓ f� e: MYRA LEE PETERSON, Wife as Tenant in Common City of Redlands https //iebonadiman sharepoint com/sites/DocumentCenter/JOBS/2019/194703 Ken Scofield Architect 200 Edgemont Drive Redlands CA/WQMP/6 3 Post Construction/Stormwater Treatment -Maintenance Agreement Template docx DOC #2021-0043804 Page 4 of 10 Attest nne Donaldson, City Clerk City of Redlands https //jebonadiman sharepoint com/sites/DocumentCenter/JOBS/2019/194703 Ken Scofield Architect 200 Edgemont Drive Redlands CA/WQMP/6 3 Post Construction/Stormwater Treatment -Maintenance Agreement Template docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .,v,. w. w,_w. w,. .. . w. w w, w. IN w.. DOC #2021-0043804 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 -Iifo la Cou ty of On pers • Da e nally appeared _�1 before me, �a�► &t,&) Here nse Na e an A Int\..LCAA e(s) of . 1.111 igner(s) Tit l: of e Offi•- e(s)- I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) }r/are syybscribed to the within instrument and acknowledged to me that i4/Ve/they executed the same in h'(s/ r/their authorized capacity(ies), and that by WI-Or/their signature(s) on the instrument the person(s), or t 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 Riverside County Commission # 2319647 My Comm Expires Feb 19, 2024 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL ( Sign re IWYl 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 — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2014 National Notary Association www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 DOC #2021-0043804 Page 6 of 10 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 California } County of San Bernardino On (JOn / 2021 before me, Kimberly Anne Blakeslee Notary Public (Here insert name and title of the officer) personally appeared gcrc ,fl Vl i 110 rd P-e---eoen and i- L,>°L Pelerjc1 who proved to me on the basis of satisfactory evidence to be the Orson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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 the State of California that the foregoing paragraph is true and correct WITNESS m hanond official sea 11 Notary Public • ature (Notary Public Seal) KIMBERLY ANNE BLAKESLEE Notary Public California a San Bernardino County Commission # 2222832 My Comm Expires Nov 23, 2021 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Tile or description o attached document continued) I i l'1 Q /i(� a,, t/, -ems' `'14, -I - Number o ages DocumeDate CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other www NotaryClasses corn 803 873 0865 INSTRUCTIONS FOR COMPLETING THIS FORM This Lorin cotnplies with current (alifornta statutes regarding notary wording and if -needed should he completed and attached to the document Acknowledgments front other states mai he completed lot documents being sent to that state so long as the wording does not require the California notary to violate California notari law State and County information must he the State and County where the document signer(s) personally appeared betorc the notary public for acknowledgment • Date of notanzation must be th datc that the signer(s) personally appeared which must also he the same datc the, acknowledgment is completed • The notary public must pnnt his or her name as it appears within his or het commission followed by a comma and then your title (notary public) • Print the name(s) of docuinent signer(s) who personally appear at the time, of notarization • Indicate the correct singulat or plural fonts by crossing off incorrect tonus (Lc Ire/she/they— is /are ) or circling thc correct forms Failure to correctly indicate this information may Icad to refection of document recording • The notary seal impression must he clear and photographically reproducible Impression must not cover tcxt 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 tile with the office of the county clerk • Additional information is not required but could help to ensure this acknowledemcnt 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 thc signed document with a staple DOC #2021-0043804 Page 7 of 10 Exhibit A Legal Description ALL THAT PORTION OF THE EAST 4 OF GOVERNMENT LOT 10 OF THE NORTHWEST % OF SECTION 12, TOWHSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS' BEGINNING AT THE NORTHWEST CORNER OF THE EAST % OF SAID GOVERNMENT LOT 10, THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT lb, NORTH 82°41'59 EAST A DISTANCE OF 406.02 FEET; THENCE SOUTH 36°06'54" WEST A DISTANCE OF 32Q.04 FEET, THENCE SOUTH 75°09 42" WEST A DISTANCE OF 215.45 FEET TO A POINT ON THE WEST LINE OF SAID EAST % OF GOVERNMENT LOT 10, THENCE ALONG SAID LINE NORTH 1°16'16" WEST A DISTANCE OF 262 19 FEET TO THE POINT OF BEGINNING. AS SHOWN ON RECORD OF SURVEY 05-228 RECORDED IN BOOK 125/52 OF RECORDS oF SURVEY, SAN BERNARDINO COUNTY RECORDS TOGETHER WITH AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER AND ACROSS A STRIP OF LAND 22 FEET IN WIDTH, THE CENTER UNE OF WHICH IS DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE EAST 1/2 OF GOVERNMENT LOT 10, OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY, THENCE SOUTH 21' EAST ALONG THE EAST LINE OF THE SAID EAST 112 OF GOVERNMENT LOT 10; 691 FEET TO THE CENTER LINE OF A 60 FOOT ROAD, THENCE SOUTH 54°01' WEST 120 FEET ALONG THE CENTER UNE QF SAID ROAD TO THE TRUE POINT OF BEGINNING OF THE STRIP OF LAND, THENCE NORTH 38° 16 WEST 580 9 FEET THENCE NORTH 39°58'15" WEST 158.80 FEET PREPARED BY STEVE A. LEJA. PLS 5933 DOC #2021-0043804 Page 8 of 10 Exhibit B Map 0 c'1 t0 N rn CNI N N 011616* W LOT LINE ADJUSTMENT NO. 646 EXHIBIT "B" - SHEET 1 OF 1 APN 294-141-13 & 294-141-14 ORTH LINE OF GOVERNMENT LOT 10 & SECTION 12, T2S, R3W, SEIM N 82 41'59" E 406 02' 406 0 B. 285 44' 120 58' (120.67') P e 125/52 11 11 11 APN 294-141-144 DOCPE 4v EAST \ #2000315303\\ ,0 O.R TO BE REMOVED \\ ;�o \:!... LEGEND APN. 294-141-13 INDICATES RECORD PER DOCUMENT () NO 19950445629, OFFICIAL RECORDS DOM../�. 9�jj //��y�''���3a�1093 0 Rp OF SAN BERNARDINO COUNTY. ®lyd #6tW@Jtit/4y @ oYNJI�/NJ W �. 04' DOC. #1 WEST LINE PER DOC #19950445629 O.R & DOC. #2215-00254 0.R TO BE REMOVED p O o 59445 9 0. 15 " 14 75 9' 0 30 60 120 GRAPHIC SCALE IN FEET T"=40' uMITs OF EXISTING 22' WIDE ACCESS EASEMENT PROPOSED PROPERTYLINE 1/Z,014() DOC #2021-0043804 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Control Devices Frequency Latitude Longitude Maintenance Provided By 1 Catch Basin Insert (MP -52) 34 018276 117 153118 Property Owner Annually 2 Catch Basin Insert (MP -52) 34 018514 117 153738 Property Owner Annually 3 Bioretention Basin (TC -32) 34 018307 117 153108 Property Owner Annually 4 5 6 7 8 9 10 https //Jebonadnnan sharepoint coin/sites/DocumentCcnter/JOBS/2019/194703 Kcn Scofield Architect 200 Edgemont Drive Redlands CA/WQMP/6 3 Post Construction/Stormwater Treatment Maintenance Agreement Template docx DOC #2021-0043804 Page 10 of 10 EXHIBIT D BMP Map