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HomeMy WebLinkAboutContracts & Agreements_195-2014_CCv0001.pdf Recorded in Official Records. County of San Bernardino 9r19r2o1a DENNIS DRAEGER 9:26 AM ASSESSOR — 'RECORDER — CLERK FV RECORDING REQUESTED BY SAN AND WHEN RECORDED MAIL TO: R Regular Mail CITY CLERK Doc#: 2014— 034$273 Titles: a pages: 9 CITY OF REDLANDS I Fees 0.00 P.O. BOX 3005 Taxes 0.00 REDLANDS, CA 92373 D1her 0.00 PAID 50.00 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) 0300-621-12-0-000 THIS AGREEMENT is made and entered into this /v'7" day of Ci'r�tvl i2 .204, by and between 12382RDLDS,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 Ci+elo Ridge Estates, 1621 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 o/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 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. 0300-621-12-0- 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 fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. City of Redlands Agreement 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 F REDLANDS: OWNER: Pete Aguilar, Mayor Charles CrowellNP Operations 12382RDLDS, LLC Attest: Sam Irwin, i Clerk City of Redlands Agreement Version NOVEMBER 2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c11/IL CODE§ 7189 c State of California County of')awl ©nPi�L)4 �, 2"_ before me, cr +�r�r� y'�iK�I� No ra Date Here Insert Name and TifW of the Officer 4 personally appeared ary-l'e 5 12>-ow-e Name(s)of Signer(s) ) a who proved to me on the basis of satisfactory ( evidence to be the person(s) whose name(g) is/are- subscribed to the within instrument and acknowledged k to me that he/s tteA hey executed the same in his/herfth& authorized capacityoes), and that by his/klw/their signature($ on the instrument the JENNIFER ANN VARGAS person(x), or the entity upon behalf of which the Commission#2008282person(i) acted, executed the instrument. Z p, Notary Public •California zz San Bernardino County $ My Comm Expires Feb 22. 2[7.17 I certify under PENALTY 01= PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • I Signature: Place Notary Seal Above Si nature of T41otary Public OPTIONAL 4 Though the information below is not required by law, it may prove valuable to persons retying 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sign ' Name: ❑ Corporate Officer — Title(s): Corporate Officer Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of mb here CQ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conserva ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is presenting: Signer Is Representing: 0 2010 National Notary Association-NationalNotary.org-1-1300-US NOTARY(1-800-876-6827) 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. \0llBiE���� WITNESS my hand and official seal. ; �&?OR4 �'••: N � ARTHUR S. IRWIN, CITY CLERK * ! 1888 * 0\0 Jeagic 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 Principal(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 29 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 0.83 Acres, more or less. Ludwig Engineering Associates, Inc. LA r,� L T S �5� Prepared by me or under my supervision Cc D L PL5 No. 8549 a * Exp.12-31-14 Scott Sturm, PLS 8549 Date Expires 12-31-14 p II Os 0 �h. �o Q 00 0s� h N0 �rn LLJ �© o- to 0�© on I� n z LO I co `° 4 .0 l Q�a � a ^ rn 'Lp JS a W [Vi'ul Q r`' h 54, �Cp c3z H o V UA ~ 1<01 V ' ocm l m~mm a �Cd LOS 0 a�X lV\ W �m ro l s "C `\ V Er) Exhibit C Stormwater Pollution Control Devices LOT 29 Stormwater Pollution Control Devices BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 Landscaped Management 34.02711 117.13089 Owner Bi-Monthly BMPs 2 Irrigation System 34.02711 117.13089 Owner As Needed Drainage Swales 34.02711 117.13089 Owner Twice monthly 3 and after storm event Infiltration Trench 34.02683 117.13061 Owner Every 2-weeks, or as often as necessary to 4 maintain a pleasant appearance On-Lot Rain Garden 34.02717 117.13069 Owner Twice annually 34.02689 117.13083 for health 5 evaluation of trees and shrubs 6 Education of Property Owners 34.02711 117.13089 Owner NIA Tenants and Occupants 7 Activity Restrictions 34.02711 117.13089 Owner N/A 8 Spill Contingency 34.02711 117.13089 Owner N/A 9 10 EXHIBIT "D " BMP LOCATION MAP z 0 ILI / �1fT—�ta.iii L=— 'ti-�2'N<!_ / AFP x SITE MADE BMP$ / JLO R h PE=65.0 •z i=J••a.: �''�j FF=65.57 ^?fitY f �•f� GF=65.17 r v; Y y ♦ KEY NOTES: 4e BMP r SYMBOL DESCRIPTION RESPONSIBLE PARTY QRaCESS/ Q� 1] LANDSCAPED MANAGEMENT BMPS OWNER 0 g� Fn F IRRIGATION SYSTEM DEVELOPER DRAINAGE SWALES DEVELOPER/OWNER i INFILTRATION TRENCH DEVELOPER/OWNER I N0. 0040692 "D ON-LOT RAIN GARDEN DEVELOPER/OWNER 6 E�TENANTS AND PROPERTY OWNERS, DEVELOPER/OWNER Exp. 3-31-15 LII ��CIVIL ACTIVITY RESTRICTIONS DEVELOPER/OWNER �qlF OF C. 0 SPILL CONTINGENCY DEVELOPER/OWNER A��F PREPARED IN THE OFFICE OF: PREPARED FOR: JEC ENTERPRISES, INC. 434 N.2nd AVE. UPLAND, CA. 91786 AND ASSOCIATES, INC. TRACT 12,382, L D T 29 CIVIL ENGINEERING : SURVEYING : PLANNING 109 East 3rd Street San Bernardino, CA 92410 1621 CALLS SOLEJAR (909) 884-8217 : (909) 889-0153 Fax APN 0300-621-12