HomeMy WebLinkAboutContracts & Agreements_195-2014_CCv0001.pdf Recorded in Official Records. County of San Bernardino 911912014
DENNIS DRAEGER 9:26 Am
FV
e 1, ASSESSOR — RECORDER — CLERK SAN
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Doc#: 2014—0346272 titles: 1 Rages: 9
CITY CLERK. Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 Other 9.00
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REDLANDS, CA 92373
FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0300-621-11-0-000
THIS AGREEMENT is made and entered into this !ate'' day of vEpr�r1l, � , 20_/4-,
by and between 12.382RDLDS,LLC("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 Cielo Ridge Estates, 1631 Calle Solejar, Redlands, CA 92373-7435 and filed as Tract 12382
(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 Infiltration Basin(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
City of Redlands
Agreement Version NOVEMBER 2013
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 12382RDLDS,LLC agree as follows:
AGREEMENT
1. The Owner hereby provides the City and its designees with Rill 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(3 0)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
dill.
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0300-621-11-0-
000, 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 hilly reimburse the City, including interest as
herein above set forth, subject to foreclosure in event of default in payment.
City of Redlands
Agreemenl Version NOVEMBER 2013
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 ENGINEER
City Engineer Abelardo Gonzalez, E.I.T.
City of Redlands Ludwig Engineering& Associates, Inc.
P.O. Box 3005 109 East Third Street
Redlands, CA 92373 San Bernardino, CA 92410
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 FREDNDS: OWNER:
Pete Aguilar, Mayor Charles Crowell/VP Operations
12382RDLDS, LLC
Attest:
— Z�9
Sam Irwin, dity Clerk
City of Redlands
Agreement Version NOVEMBER 2013
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cmc CODE§1189
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State of California
County of San yXar c�itno
On fAugU4 ZFsf 21v14 before me, 34yNA" der fAAn `u`CLM55
Date Here Insert Name and Thdof the Officer
personally appeared &aI (�eS (rowe 1
Name(s)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(Q whose name(g) is4r-e
subscribed to the within instrument and acknowledged
to me that he/sloe/t4ey executed the same in
hisA�+eMheir authorized capacity0es), and that by
JENNIFER ANN VARGAS his/leer/their signature(st) on the instrument the
Commission#2008282 person(A, or the entity upon behalf of which the
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!Notary Public-California sperson(§4 acted, executed the instrument.
San Bernardino County Comm. Expires Feb 22.'2017+
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: s��- 0ZA)CXA_
Place Notary Seal Above OPTIONAL Sig lure of Notary Public
Though the information below is not required by taw, it may prove valuable to persons relying 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:
i
Document Date: Nu N6r of Pages:
4
Signer(s) Other Than Named Above:
r4
Capacity(les) Claimed by Signer(s)
Signer's Name: Igner's Name:
❑ Corporate Officer -- 0❑Corporate Officer — Title(s):
❑ Individual ❑Individual
❑ Partner —C Limited ❑General p of tr Amb Here ❑Partner — E Limited __ General Top of thumb here
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee ❑Trustee
El Guardian or Con ator ❑Guardian or Conservator
❑ Other: ❑Other:
Sign s Representing: Signer Is Representing:
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0 2010 National Notary Association-NationalNolary.org-1-800-US NOTARY(1-800-B76-6827) Item#5907
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on September 10, 2014,
before me, Jeanne Donaldson, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of
Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk of the
City of Redlands, who proved to me on the basis of satisfactory evidence to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities and that by their signatures on the instrument the persons, or 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.
WITNESS my hand and official seal.
;'....�0F14rFa..'••, �,� ARTHUR S. IRWIN, CITY CLERK
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* 1888 *
By. v
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Jearme Donaldson, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ } Individuals) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
}
Partner(s)
Partnership
} Attorney-In-Fact
Principa(s)
} Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: September 10, 2014
Signer(s) Other Than Named Above: Charles Crowell, Vice President Operations
EXHIBIT"A"
LEGAL DESCRIPTION
Real property in the City of Redlands, County of San Bernardino,State of California, described as follows:
LOT 28 OF TRACT NO. 12382, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AS PER MAP RECORDED IN BOOK 298, PAGES 53 THROUGH 58, INCLUSIVE, OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Contains 1.02 Acres, more or less.
Ludwig Engineering Associates, Inc. �T LA
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Exhibit C
Stormwater Pollution Control Devices
LOT 28
Stormwater PollutionControl
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
I Landscaped Management 34.02672 117.13100 Owner Bi-Monthly
BMPs
2 Irrigation System 34.02672 117.13100 Owner As Needed
Drainage Swales 34.02672 117.13100 Owner Twice monthly
3 and after storm
event
Infiltration Trench 34.02653 117.13067 Owner Every 2-weeks,
34.02678 117.13100 or as often as
necessary to
4 maintain a
pleasant
appearance
On-Lot Rain Garden 34.02669 117.13067 Owner Twice annually
34.02653 117.13092 for health
5 evaluation of
trees and shrubs
6 Education of Property Owners 34.02672 117.13100 Owner N/A
Tenants and Occupants
7 Activity Restrictions 34.02672 117.13100 Owner N/A
8 Spill Contingency 34.02672 117.13100 Owner N/A
9
10
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EXHIBIT 11D 11
=1F) EXHIBIT
BMP LOCATION MAP
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1r j� 28
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SITE Wtoe BMPs
PE=55.0
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/ FF=55.67 V�V 1J ro'!a J r I
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4
KEY NOTES:
BMP
SYMBOL DESCRIP71ON RESPONSIBLE PARTY
eROFESS/L�y'�! 1 LANDSCAPED MANAGEMENT SUPS OWNER
IRRIGATION SYSTEM DEVELOPER
DRAINAGE SWALES DEVELOPER/OWNER
4 INFILTRATION TRENCH DEVELOPER/OWNER
NO. C040692 ON—LOT RAIN GARDEN DEVELOPER/OWNER
Exp. 3-31-15
6 EDU ATI ON OF NTS AND PARTY HERS, DEVELOPER/OWNER
OCCUP
Ln � ACTIVITY RESTRICTIONS DEVELOPER/OWNER
CML
SPILL. CONTINGENCY DEVELOPER/OWNER
F OF CALF
PREPARED IN THE OFFICE OF: PREPARED FOR:
o JEC ENTERPRISES, INC.
434 N.2nd AVE.
UPLAND, CA. 91786
NO ASSOCIATES, INC. Q
CIVIL ENGINEERING SURVEYING : PLANNING TRACT 12382, L 0 T 2 CJ
109 East 3rd Street San Bernardino, CA 92410 1631 CALLS SOLEJAR
(909) 884-8217 : (909) 889-0183 Fax APN 0300-621-11