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Home My WebLink AboutContracts & Agreements_18-2021RECORDING 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 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor -Recorder County Clerk DOC# 2021-0065136 02/10/2021 Titles:1 Pages:10 10:10 AM SAN Fees $0.00 Taxes $0.00 11113 CA SB2 Fee $0.00 Total $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0167-091-02, -04, -05 and -08 THIS AGREEMENT is made and entered into this 9T4 day of F BkVtj j , 2021, by and between Lennar Homes of California, Inc., a California 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 Traditions, along Texas Street between Pioneer Avenue and San Bernardino Avenue and filed as TM20257] (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 two Infiltration Basins and Catch Basin Filter 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 P:\149-215\012-Tr20257-Lennar-Redlands\WQMPs\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2021-0065136 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 Lennar Homes of California, Inc., a California 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. 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. 0167-091-02, -04, -05, -08, 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 P:\149-215\012-Tr20257-Lennar-Redlands\WQMPs\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2021-0065136 Page 3 of 10 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. 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 OWNER City Engineer Geoff Smith Lennar Homes of California, Inc., a City of Redlands California Corporation P.O. Box 3005 980 Montecito Drive Suite 301 Redlands, CA 92373 Corona, CA 92879 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 P:\149-215\012-Tr20257-Lennar-Redlands\WQMPs\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2021-0065136 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: c� Charles M. Duggan ., Cit anager Attest: ne Donaldson, City Clerk OWNER: Geoff Smith Vice President Lennar Homes of California, Inc., a California Corporation Replace this page with a fully executed Notary Acknowledgment page. City of Redlands P:\149-215\012-Tr20257-Lennar-Redlands\WQMPs\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2021-0065136 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 California n !� Countvof unr trnc,�_:,^c On N�l _. 0 ,, :�- Date personally appeared C.l c d e ` before me, � b Here Insert Name and Ti le of the Officer r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(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 my hand and official seal. BRENDA BOON Notary Public • California `= W San Bernardino County Signature ` Commission # 2322532 +giro•""' My Comm. Expires Mar 13, 2024 Signature of Notary Public Place Notary Seal Above OPTIONAL 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: Number of Pages: Document Date: 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 [1 Guardian or Conservator ❑ Other: Signer Is Representing: .'� -.y -y '� •ri -y 'd4'ai '✓ •d '� -.ei -ri4•y •v '✓ _y •y4��-J4�✓�-.•l '✓ 'rii-e�4.y •mi�a .y4. •N4.a� -rr -y _z -y '✓ 'ei •ei '✓ _y 'a4'd4V4's�4'.v ' 02014 tional Notary Association - www. ationalNotary.org - 1-800-US NOTARY (1 -800-876-6827) Item #5907 DOC #2021-0065136 Page 6 of 10 California All -Purpose Certificate of 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 rnia I) County of O) p,ersonally appeared 10 who proved to me on the basis of satisfactory evidence to be the personN whose name is/am subscribed to the within instrument and acknowledged to me that he/ST /Oiiby executed the same in his/Mef/N4 authorized capacity(`ies), and that by his/hVX/th"6r signatures on the instrument the person), 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. WITNESS my hand and official seal. _�6 Signature a' y a rt .� BETH BRULEY Notary Public - California Riverside County Commission # 2247751 My Comm. Expires Jul 24, 2022 (Seal) DOC #2021-0065136 Page 7 of 10 Exhibit A Legal Description (APN: 0167-091-02,-04,-05,-08) REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: LOT 2 OF THE SUBDIVISION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 16, IN TOWNSHIP 1 SOUTH RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 13, RECORDS OF SAID COUNTY. PARCEL B LOT 3, OF SUBDIVISION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED FEBRUARY 24, 1869 IN THE OFFICE OF THE BUREAU OF LAND MANAGEMENT, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 13, RECORDS OF SAID COUNTY. PARCEL C LOT 4, OF SUBDIVISION OF SOUTH HALF OF SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 13, RECORDS OF SAID COUNTY. PARCEL D: LOT 1, SUBDIVISION OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 13, RECORDS OF SAID COUNTY. Aaron Thomas Skeers P.L.S. 8604 Expiration Date: 12/31/21 P:\149-215\012-Tr20257-Lennar-Redlands\WQMPs\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2021-0065136 Page 8 of 10 EXHIBIT B Plat Map s 0 100 200 1 INCH = 200 FT. I PIONEER AVE W E--- — — ------------------------------------------------------- I I I Olt I I I II I I I NN I I I I I I PARCEL C I I I I I I I ----------------------- - PARCEL B PARCEL A ---- --------------------------- -------------------- SA N-BERNARDINO AVENI�E — 'i I I II I ENCOMPASS ASSOCIATES, INC. PARCEL D � d� I I II , I I I I I I �I moor I - ---- ------ ------- - - - - - - ---- i PROJECT LIMITS TRACT 20257 BOUNDARY DOC #2021-0065136 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices Stormwater PollutionControl ' BMP I BMP or Pollution Control Latitude Longitude Maintenance Frequency 9 Device Provided By I TC-11, Infiltration Basin N34.080720 W 117.19595 HOA Monthly (Pioneer Ave./Lot A) TC-11, Infiltration Basin N34.077575 W 117.195370 HOA Monthly 2 (San Bernardino Ave./Lot B) Catch Basin Insert N34.080598 W 117.194286 HOA 2 times per 3 year Catch Basin Insert N34.080488 W 117.194272 HOA 2 times per 4 year Catch Basin Insert N34.079490 W 117.193766 HOA 2 times per 5 year Catch Basin Insert N34.080408 W 117.195224 HOA 2 times per 6 year Catch Basin Insert N34.080403 W 117.195069 HOA 2 times per 7 year Catch Basin Insert N34.079570 W 117.195201 HOA 2 times per 8 year Catch Basin Insert N34.079569 W 117.195068 HOA 2 times per 9 year Catch Basin Insert N34.078036 W 117.195224 HOA 2 times per 10 year 11 Catch Basin Insert N34.078037 W 117.195070 HOA 2 times per year P:\149-215\012-Tr20257-Lennar-Redlands\WQMPs\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2021-0065136 Page 10 of 10 EXHIBIT D N BMP Map BMP #1 INFILTRATION BASIN "A" s kP #3 0100 200 CH BASIN INSERT �� BMP #4 1 INCH = 200 FT. CATCH BASIN INSERT NEERAVENUE - - - I BMP #7 - CATCH BASIN INSERTTF' - I I \-- BMP #6 _ \ CATCH BASIN INSERT1,9 - r- --T---,- BMP #5 J CATCH BASIN INSERT - 1 - � jl BMP #9 c wI CATCH BASIN INSERT r- BMP #8 \ CATCH BASIN INSERT / #10 BMP 1 I I CATCH BASIN INSERT -- I BMP #11 CATCH BASIN INSERT _ --------------- ------- --- -- SAN-BERNARDIN9 AVENUE - - — - - - - - 1 BMP #2 INFILTRATION BASIN "B" PROJECT LIMITS TRACT 20257 BOUNDARY ENCOMPASS ASSOCIATES, INC.