Loading...
HomeMy WebLinkAboutContracts & Agreements_44-2021RECORDING 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 DOC# 2021-0143761 03/30/2021 11 41 AM SAN 14311 SPACE ABOVE THiS LiNF FOR RECORDER S USE Titles 1 Fees Taxes CA SB2 Fee Total Pages 9 $0 00 $0 00 $0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-032-49 .2/011 THIS AGREEMENT is made and entered Into this day of ()laird() , 20(91, by and between East Valley Land Company, LLC, a California limited liability company ("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 2407 W Lugonia Ave Redlands CA 92374 and filed as M20-0072 (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 catch basin inserts and a underground infiltration system, (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/2020/204758 East Valley Land Co 2407 W Lugonia Ave Redlands/WQMP/6 3 Post Construction/2-O&M/redlands maintenance agreement docx DOC #2021-0143761 Page 2 of 9 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 East Valley Land Company, LLC, a California limited liability company 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 0292-032-49, 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 https //jebonadiman sharepoint com/sites/DocumentCenter/JOBS/2020/204758 East Valley Land Co 2407 W Lugonia Ave Redlands/WQMP/6 3 Post Construction/2-O&M/redlands maintenance agreement docx DOC #2021-0143761 Page 3 of 9 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 East Valley Land Company, LLC, a California limited liability company 1461 E Cooley Drive Suite 230 Colton CA 92324 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 Charles M Duggan Jr , 'ity pager Attest nne Donaldson, City Clerk OWNER CS - Aaron Aaron •dgdon, Manager, Owner, East Valley Land Company, LLC, a California limited liability company] City of Redlands https //jebonadiman sharepoint com/sites/DocumentCenter/JOBS/2020/204758 East Valley Land Co 2407 W Lugonia Ave Redlands/WQMP/6 3 Post Construction/2-O&M/redlands maintenance agreement docx CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT DOC #2021-0143761 Page 4 of 9 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 f County of BGrillo r' L . yt O on 3- 3o-Zoz� before me } i c,.rza RO to s, No Pwbl c - Date Char %� Here Insert Name and Title of the Officer personally appeared lam' i. (eS J� � aiLj' gctn r J -. and T2annt. b na 1Gi s.o Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person@whose nam s kare subscribed to the within instrume t and acknowledged to me that Pte/sh@/they executed the same in h /hel/their authorized capacity, and that R slhLc/their signaturj on the instrument the perso s , or the entity upon behalf of which the personacted, executed the instrument DIANA RAINS COMM *2342435 Notary Public California 3 San Mrnardin* County Comm. Jan. If 2025 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 Signature of Notary Public OPTIONAL. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document 1 - Title or Type of Document S*6r r tA/Ct ee- 74. 7YLt-r2T1 ca/7I 7 /W' tiO✓2 ( Document Date Number of Pages Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name ❑ Corporate Officer - Title(s) ❑ Partner - 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator 0 Trustee ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer - Title(s) ❑ Partner - 0 Limited 0 General ❑ Individual ❑ Attorney in Fact 0 Guardian of Conservator ❑ Other Signer is Representing ©2017 National Notary Association DOC #2021-0143761 Page 5 of 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •/"./-••,-`.,--•.-•,-•.,--•,-`.,-`.,-`Y-•,-•.,-`.,-`.,-`.,-.-•.,--.--%":•,-.-`.,-`..-•,-./-,-•. .- • • .-..-.• 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 C fornia County of ti'ti'1l'(A(N1,(C (1/ On N1V64 2Y2vv2 I Date personally appeared before me, f7tr!V\ (_lL Name(s) df Signer(s) Here -Insert Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be the persor1(s} whose name subscribed to the within instrument and acknowledged to me thateilegshe/thcy, executed the same in h s% or/their authorized capacity(, and that by 1I/her/#herrsignature(sfon the instrument the persoyn(s), the entity upon behalf of which the persons) 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 ROBYN SMITH Notary Public California Riverside County Commission # 2189940 My Comm Expires Apr 7 2021 Place Notary Seal Above WITNESS- and and official seal Signature OPTIONAL ignature 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 Dement Title or Type of Document itl tok-ef 1,-)1/411 i1 nj ---- it/7Nltmber of Pages / Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Marl ; A0111 ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other l,biqr,1; Signer Is Representing r'/1\ `\-L1J L I�L4 (le Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other ngr Is Representing G4�✓.. ✓'. ✓.. %'.`y.. :�✓4V'.�✓•.v'��..1�'.�� �%�.�✓.'a,�✓ V'.�d.'. d.'.��.W,'.\L.'.V2.':,,,,/ m"A!:titi .'bryWrS�AA�..C.14ti V4u,At-(.2'L.ti..y 0.L:. ©2016 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 DOC #2021-0143761 Page 6 of 9 EXHIBIT "A" Legal Description All that certain real property situated in the County of San Bernardino, State of California, described as follows All that portion of Lot 4, Block 73, Rancho San Bernardino, in the County of San Bernardino, State of California, as per Plat recorded in Book 7 of Maps, Page 2 Records of said County, described as follows• Beginning at the Northeast corner of said Lot 4, thence West along the North line of said Lot, 310 16 feet, thence South 458 2 feet, more or less, to the North line of the right of way of the Atchison, Topeka and Santa Fe Railroad Company; thence Southeasterly along the said right of way to the East line of said Lot 4, thence North along the East line of said Lot, 715 68 feet, more or less, to the point of beginning Saving and excepting that potion Tying within Lugonia Avenue Assessor's Parcel No 0292-032-49 Page 1 of 1 DOC #2021-0143761 Page 7 of 9 60 N in EXHIBIT "B" WEST 310.16' 7-q LUGONIA AVE WEST 310 16' EX R/W in I) • k N 0 1 0 SCALE 1"=60' LEGEND N Y PROPOSED R/W APN 0292-032-49 PTN LOT 4 BLK 73 RANCHO SAN BERNARDINO MB 7/2 1,0 CENTERLINE PARCEL LINE EXISTING RIGHT OF WAY LINE PROPOSED RIGHT OF WAY LINE N NE COR LOT 4 BLK 73 1 & POB 1 -H c0 co in N cc 0 z 1 DRAWN BY. JC CHECKED BY. EJB DATE. 03-04-2021 JOB NO.. 204758 ADIMAN JOSEPH BONADINAN A ASSOCIATES, INC ENGINEERS 6 I S SURVEYING PLANNING TEL (909) 885-3806 NUEVARDNO, c�A 9°z%B FAX t 1-0721 EAST VALLEY LAND CO 2407 LUGONIA AVENUE CITY OF REDLANDS DOC #2021-0143761 Page 8 of 9 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 Catch Basin Insert 34 07004 -117 23956 Property Owner Annually 2 Catch Basin Insert 34 06995 -117 23956 Property Owner Annually 3 Catch Basin Insert 34 06994 -117 24004 Property Owner Annually 4 Underground Infiltration System 34 06968 -117 24003 Property Owner Annually 5 6 7 8 9 10 DOC #2021-0143761 Page 9 of 9 EXHIBIT "D" 0•., .� W LUGONIAAVENUE , ginJ �� L rim.,,. — — .>,4_E ,o Pi r Ids, I'- I❑ I-— O" I� Id LJ ret1 ,_ \____ j, <006 06 s -10 9 o) cy ��ti 1\O 100 1Id 0 100 SCALE 1"=100'