HomeMy WebLinkAboutContracts & Agreements_136-2014_CCv0001.pdf Recorded in Official Records,County of San Bernardino 6/30/2014
DENNIS DRAEGER 9:31 AM
OOUNTy' SG
"s Kaatirrnaw`; ASSESSOR — RECORDER — CLERK
i, .. .
RECORDING REQUESTED BY ,I I
AND WHEN RECORDED MAIL TO: : :\ R Regular Mail
CITY CLERK Doc#: 2014—0234041 Titles: 1 Pages: io
Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 Other 0.00
REDLANDS, CA 92373 PAID $0.00
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PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
APN 0171-131-04
THIS AGREEMENT is made and entered into this ASH day of J q01 , 20[+,
by and between Arrowhead Christian Academy ("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 Redlands Christian Middle School and filed as CUP No. 1018 (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
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
City of Redlands
Agreement Version NOVEMBER 2013
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 Arrowhead Christian Academy
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. APN 0171-
131-04, portion of APN 0171-131-02 and 03, 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 OWNER
City Engineer Daniel H. Cole
City of Redlands Arrowhead Christian Academy
P.O. Box 3005 105 Tennessee Street
Redlands, CA 92373 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 RED ANDS: OWNER:
�11 7�__L )a . &-
Pete Agu1 ar, Mayor el of SC_LN C'CA
Arrowhead Christian Academy
Attest:
Sam Irw" , C' Clerk
City at Redlands
Agreement Version NOVEMBER 2013
NOTARY ACKNOWLEDGMENT
State of California)
Countyof 6m-&"oe cl i np }
OnMom , ZoI before me, Irr),Lfrv4'C'- zue(L-
G. 1•tiof�ru`�w,1ic , (name and title of the officer), personally appeared
�Phn;e 1 44. (_o'I e , 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. C.N&VVICTORIA vAt.EtuzUI La
Commission # 1911174
Notary Public -Cuz
con
Sen Bernardino county
ut .D1(A�
My Comm.Expires Oct 30,2014
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 June 4, 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.
\\\1,�F�t�1��1� WITNESS my hand and official seal.
�~• ''•., ......+,• yd •�� ARTHUR S. IRWIN, CITY CLERK
U *GQ,�PflAq rFo N
Jqg4ine Donaldson,Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ }
Individual(s) signing for oneseWthemselves
{ } 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: June 4, 2014
Signer(s) Other Than Named Above: Daniel H. Cole, Head of Schools
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF LOT OR BLOCK 22 OF BARTON RANCH, IN THE CITY
OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS
PER PLAT RECORDED IN BOOK 6 OF MAPS,PAGE 19,RECORDS OF SAID
COUNTY,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF TENNESSEE STREET,
AS SAME IS SHOWN ON SAID MAP OF BARTON RANCH, SAID POINT BEING
SOUTH 01001'34"EAST 335.28 FEET,MEASURED ALONG SAID CENTERLINE
FROM THE INTERSECTION THEREOF WITH THE CENTERLINE OF CITRUS
AVENUE, AS SAME IS SHOWN ON SAID MAP OF BARTON RANCH;
THENCE SOUTH 89033'55" WEST, PARALLEL WITH SAID CENTERLINE
CITRUS AVENUE, A DISTANCE OF 44.00 FEET TO A POINT ON A LINE
PARALLEL WITH AND DISTANT 44.00' WESTERLY OF SAID CENTERLINE OF
TENNESSEE STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 01001'34"EAST,ALONG SAID PARALLEL LINE, A DISTANCE
OF 320.43 FEET;
THENCE SOUTH 89032'45" WEST 175.05 FEET;
THENCE SOUTH 00027'15"EAST 20.00 FEET;
THENCE SOUTH 89032'45" WEST 124.77 FEET;
THENCE NORTH 00027'15" WEST 270.30 FEET;
THENCE NORTH 88058'26"EAST 98.18 FEET;
THENCE NORTH 28055'54" EAST, A DISTANCE OF 6.25 FEET,TO A LINE
PARALLEL WITH AND DISTANT 240.00 FEET WESTERLY OF SAID
CENTERLINE OF TENNESSEE STREET;
THENCE NORTH 01001'34" WEST, ALONG SAID PARALLEL LINE, A DISTANCE
OF 63.76 FEET;
THENCE NORTH 8903355"EAST,PARALLEL WITH SAID CENTERLINE OF
CITRUS AVENUE, A DISTANCE OF 196.01 FEET TO THE TRUE POINT OF
BEGINNING.
(DESCRIPTION CONTINUES ON PAGE 2)
PAGE 1 OF 2
SAID LEGAL DESCRIPTION CONTAINS 2.09 ACRES, MORE OR LESS.
ON POINT LAND SURVEYING, INC.
PREPARED BYA�)
a�N� LA�a
h`''��� D. S SGS
ANTHONY D. LS 8133
DATE: of 7,61
No. 8133
EXP. 12-31-14 �P
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OF CAOFfl
PAGE 2 OF 2
11 !!
EXHIBIT B CITRUS AVE
. L �
T.P.O.B.
NO 1'01 '34"W «� P.O.C.
63.76' N89'33'55"E 196.01 '
N28-55'54"E
6.25' 240.00'
N88'58'26"E
98. 18 44'
n It
W
o OLD LOT LINE co
W
Z
Lr) �G Z
�`� Qj w
�0
OLD LOT LINE —
I -
175.05'
124.77' S893245'W 44'
S89'3245V 20.00'
S00 27'15"E
C
ORANGE AVE
LANa � PLAT
D. PREPARED AT THE REQUEST OF THATCHER ENGINEERING & ASSOCIATES, INC.
o Z 4 THIS PLAT IS SOLELY AN AID IN LOCATING PREPARED BY:
THE PARCEL(S) DESCRIBED IN THE ON POINT LAND
*
ATTACHED DOCUMENT. IT IS NOT A PART SURVEYING, INC.33 * OF THE WRITTEN RI TI N THEREIN.
EXP.. 1 12--31-14 SCALE: 1"=80'
F OE CA1-' PREPARED BY: DATE: DECEMBER 2013
DATE: SHEET _L OF
Exhibit C
Stormwater Pollution Control Devices
st.ofmw'aterPollu' tion .Control.Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
Education of Property Owners, 34.05453 -117.20040 Owner Within 6
Tenants and Occupants months of of
N-1 new employees
and annually
thereafter.
N-2 Stormwater BMPs 34.05453 -117.20040 Owner NIA
Activity Restrictions
N-3
Landscape Management BMPs 34.05453 -117.20040 Owner Monthly
Infiltration Basin 34.05388 -117.2010 Owner Every 60 days
(trash removal)
N-4 inspect every 6
months and
prior to storm
N-4 Prefilters 34.05388 -117.2010 Owner Monthly
Litter/Debris 340.05453 -117.20040 Owner Monthly
N-11 Control Program
N-12 Employee Training 34.05453 -117.20040 Owner Annually
N-15 Vacuum Sweeping Parking Lots 34.05453 -117.20040 Owner Monthly
EXHIBIT D
BMP LOCATION MAP
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N-J7{1I3
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N-3
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N-15 I � is N-3
N-3
N-3
N-3
1LJLDF RMPS II
N-1 I�
N-2
i
N-1 I '
N-12 N-1-5 I�
N-4 N-3
INFILTRATION BASIN 4• N
A=102,375SF1D1STURBED F
AREA) N-3
Vamp-5,580 CF N-15
VIIASm-5,900 CF <
DF-TTE=2.2'WITH 3:1 SIDE SLOPES
DRAWDOWN 2.2'®6.5-/HR=
A HOURS
KEY NOTES:
6MP
SYMBOL_ DESCRIPTION RE5PON5IBLE PARTY
N-9 EDUCATION Of PROPERTY OWNERS DEVELOPLR
[N�3] ACTIVITY RESTRICTIONS DEVELOPER/OWNER
[N LANDSCAPE MANAGEMENT BMP'S DEVELOPfP/OWNER
f3MP MAINTENANCE DEVELOPER/OWNER EXHIBIT D
0 LITTER CONTROL DEVELOPER/OWNER BMP LOCATION MAP
EMPLOYMENT TRAINING DfVfLOPER/OWNEK APN'5:0171-4.31-D4
5WEtFING Of PARKING LOTS DEV'fLOPEP/OWNER c1Nao R€Dallos
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