HomeMy WebLinkAboutContracts & Agreements_72-2015_CCv0001.pdf Recorded in Official Records, County of San Bernardino 4/10/2015
I 1W
BOB DUTTON 12:33 PM
111.81
DN Df- ASSESSOR — RECORDER — CLERK CG
SAN
RECORDING REQUESTED BY C Priority Mail
AND WHEN RECORDED MAIL TO: Dock 2015-0141946 Titles: 1 Pages: 15
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CITY OF REDLANDS other 0.00
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REDLANDS, CA 92373
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PER GOVERNMENT CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0174-162-05
THIS AGREEMENT is made and entered into this,2i1" day of
by and between Brosh-SoCal Property, Inc ("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 The Groves at 211 Redlands St, Redlands, CA. 92374 and filed as Tract 18969 (the
"Project"), the City required the Project to employ on-site control measures to minimize
pollutants in urban stornnwater runoff,and
WHEREAS, the Owner has chosen to install an Infiltration Vault (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 Jim Didion, Brosh-SoCal Property,
Inc. 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. 0174-162-05,
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.
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
City of Redlands
Agreement Version NOVEMBER 2013
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 James Didion
City of Redlands Brosh-SoCal Property, Inc.
P.O. Box 3005 1662 Plum Lane, Suite 105
Redlands, CA 92373 Redlands, CA. 92374
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• OWNER:
Cya
Paul Foster, Mayor es Didion - re ident, Brosh-SoCal
roperty, Inc.
Attest:
Sam Irwild, eity Clerk
City o/Redlands
Agreement Version NOVEMBER 2013
ALL CAPACITY ACKNOWLEDGMENT
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
COUNTY OF San Bernardino
On r`i mC'li z(G,2(>lZj- before me, Jeanne Donaldson, Deputy City Clerk
(Date) (Name and title.of the officer)
personally appeared PAuL_ �� WA1 EK A0 5AH -TiWA
( ame o person signing
who proved to me on the basis of satisfactory evidence to be the personW whose nameLs Is/ar subscribed to
the within instrument and acknowledged to me that he/she/t�executed the same in his/her/t�r authorized
capacity(ies), and that by his/her/t�1r signatures on the instrument the person(s•, or the entity upon behalf of
which the personal 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.
ED
?iX�2 -Z- U:�GpPPORATFO i N
Signature of officer = i
* 1885
Cq L/F O R�\P`\`
/11111 1111111
Rev.01/01/2015
CALIFORNIA .ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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
County ofd �
0 n -2 .2a�x before me, 21,Z���A/-.2 -IV 07,4A LZ Z I/r_
(mete insert name:a UUe of the officeq
personally appeared
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
helshe/they executed the same in his/her/their authorized capacity(ies), and that by
his/ 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.
D. HERNANDEZ
WITNESS my hand and official seal. Comm,# 2074778
NOTARY PUBLIC-CALIFORNIA
SAN BEANARDINO COUNTY
MY COMM,EXP�JULY 17,2018
N
tart' iesigWahure (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION �Psfor,,complies with current California staluies regarchug notaril worchng and
DESCRIPTION OF THE ATTACHED DOCUMENT rfneedad,should be completed and carached to the document&knonledgments
fri-en other states mqi,be completed for documents being sent to Thal slefleso long
as the wording does not require the California notary to wolate Coll(briva notal}
(Tide or description of attached document) - State and County information must be the State and County where the document
- signer(s)personally appeared before the notary public for acknowledgment.
to afriotarization must he the date that the signer(s)personally ape which
(Tittle of description of attach document Continued) ioust also be the same date the acknowledgment is completed.
Number of Pages 13 Document Date-, o 'Fhe notary public must print his or her name as it appears Nvithin his or her
commission followed by a comma and then your title(notary public).
a Print the name(s)of document signer(s)who personally appear at the time of
notan7ation,
CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i e.
he/shchheis/am)or circling the correct forms,Failure to correctly indicate this
0 Individual (a) information may lead to rejection ofilocument,recording.
Cor orat Officer 711-te notary sent impression must be clear and photographically reproducible.
'1AZA.L;_r Impression must not cover text or hno& 11'seal finpressma smudges, re-seal if a
(Title) sufficient area permits,othenvise complete a different acknosdedgment form.
11 Partner(s) Signature of the notary public must match the signature,an file with the office of
the county clerk-
El Attorney-in-Fact Additional information is not required but could help to ensure this
Trustee(s) acknowledgment is hot misused or attached to a different document.
Other Indicate title or type ofattached document,number offiages,and date.
Indicate the capacity claimed by the sumer. If the claimed capacity is a
corporate officer,indicate the ti tic(Le,CEO,CFO,Secretary).
Securely art,ach this document to the,signed documera with a staple.
C
EXHIBIT"A
LEGAL DESCRIPTION
In the City of Redlands, County of San Bernardino, State of California, Sub-Lot 2, in Lot 9,
Block 77, of the Rancho San Bernardino, as per plat of East Redlands, recorded in Book 7,
Page 47, of Maps, in the Office of the County Recorder of said County.
Excepting that portion described as follows:
Beginning at a point in the center of the canal, 43 feet West of the Northeast corner of said
Sub-Lot 2,thence East 43 feet; thence South 229 feet to the Southeast corner of said Sub-Lot
2;
Thence, Westerly 197 feet to the center of the canal;thence in a Northeasterly direction along
the center of the canal to the point of beginning; lying South and East of the center of said
canal; granted to Mrs. Margaret E. Love, in Book 123, page 90, of deeds,record of said
County.
Also excepting therefrom that portion conveyed to Russell A. Wickizer,et al., by deed
recorded December 18, 1953 in Book 3295,page 505, Officials Records of said County.
More specifically described as follows:
In the City of Redlands, County of San Bernardino, State of California, Sub-Lot 2, in Lot 9,
Block 77, of the Rancho San Bernardino, as per plat of East Redlands, recorded in Book 7,
Page 47, of Maps, in the Office of the County Recorder of said County.
Commencing at a point on the centerline of Highland Avenue, said point lying N 89°33'35"E,
24.09 feet from the intersection of Highland Avenue and Lincoln Street, said point also being
the True Point of Beginning;
Thence, continuing N 89033'35" E along the said centerline of Highland Avenue, 592.82 feet
to point on the centerline of the Bear Valley Municipal Water Company canal;
Thence, departing from the centerline of Highland Avenue, S 01°05'51"W, along the
centerline of the said canal, 55.01 feet, to the beginning of a 80.00 foot radius curve,concave
to the West, having a radial angle of N-88°54'09" E;
Thence, along said 80.00 foot radius curve, curving to the right, 46.40 feet through a central
angle of 33014'01";
Thence, departing said 80.00 foot radius curve and remaining on the centerline of said canal, S
34019'52" W, 200.97';
Page 1 of 2
Thence, departing the centerline of said canal, S 60°47'54" W, 146.28 feet to a point on the
centerline of Redlands Street;
Thence,N 45°27'58" W, along the centerline of Redlands Street, 472.48 feet to the True Point
of Beginning.
Excepting therefrom those portions lying within the rights of way of Highland Avenue and
Redlands Street.
Said property contains 1.82 Acres
TUTTLE ENGINEERING, INC. oQ��NEOS�ya�Fy
t! RCE No.30171 x
it Exp.03/31/2016
Warren D. Tuttle, RCE 30171 tP C
qTf OF C AUE��
Date: 3- Z G - 1 5
Page 2 of 2
PROPOSED
EXHIBIT B" O DEDICATION
C-iO R=10.00
z L=23.57
o T=24.16 w
z A=135'01'33" w
Q w
0
i
a
N89'33'3_5"E 592.82'_ _ _ - _ _
2R 24'16' HIGHLAND AVENUE so '1"w
\ — — —55.015.01'
� Q
z
R=80.00
\ s, LLOT 3 OT 1 LOT 2 LOT 4 L=46.40 m
T=23.87 Q
NIS
SS % X33'14'01" o i
�F'o \ o�
N s /
LOT 5
LOT 6 .1c,
W E
BEAR VALLEY MUNICIPAL
WATER COMPANY CANAL
SCALE 1"= 100'
�o'VVY ESS/o,v PLAT
N D. TUTj Fye, THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCELS DESCRIBED PREPARED BY:
IN THE ATTACHED DOCUMENT. IT MAY OR MAY NOT BE A PRECISE
REPLECATION OF THE FINAL TRACT MAP YET TO B RECORDED. TUTTLE ENGINEERING INC.
NO. 30171
EXP MAR 31, 2016 SCALE: 1"= 100'
,rJgT cj V�\- �Q PREPARED BY: � - - DATE: SEPTEMBER, 2014
F OF C A1-\F
DATE: 2" Zor. - S SHEET 1 OF 1
Exhibit C
Stormwater Pollution Control Devices
Lot 1
Storinwater Pollution Control Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
N- 1 Education of Property
1 Owners, Tenants and Occupants Upon new
on Stormwater BMP's 34.15176 -117.15129 Owner occupancy
2 N-3 Landscape Management
BMP's 34.15176 -117.15129 Owner Weekly
N-4 BMP Maintenance- Inspect every 6
3 Infiltration Vault month and
34.05187 -117.15136 Owner prior to storm
4 N-11 Litter/Debris Control
Program 34.15176 -117.15129 Owner Weekly
5 N-14 Catch Basin Inspection Annually,prior
Program 34.15176 -117.15129 Owner to rainy season
6 S-4 Efficient Irrigation
34.15176 -117.15129 Owner Weekly
7 S-6 Protect slopes and channels
and provide energy dissipation. 34.15176 -117.15129 Owner Weekly
Lot 2
Storinwater Pollution i Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
N- 1 Education of Property
1 Owners, Tenants and Occupants Upon new
on Stormwater BMP's 34.15176 -117.15089 Owner occupancy
2 N- 3 Landscape Management
BMP's 34.15176 -117.15089 Owner Weekly
N-4 BMP Maintenance- inspect every 6
3 Infiltration Vault month and
34.05188 -117.15099 Owner prior to storm
4 N-11 Litter/Debris Control
Program 34.15176 -117.15089 Owner Weekly
$ N-14 Catch Basin Inspection Annually,prior
Program 34.15176 -117.15089 Owner to rainy season
6 S-4 Efficient Irrigation
34.15176 -117.15089 Owner Weekly
7 S-6 Protect slopes and channels
and provide energy dissipation. 34.15176 -117.15089 Owner Weekly
Lot 3
Stormwater Pollution i Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
N- 1 Education of Property
1 Owners, Tenants and Occupants Upon new
on Stormwater BMP's 34.15176 -117.15056 Owner occupancy
2 N- 3 Landscape Management
BMP's 34.15176 -117.15056 Owner Weekly
N-4 BMP Maintenance- Inspect every 6
3 Infiltration Vault month and
34.05186 -117.15063 Owner prior to storm
4 N-11 Litter/Debris Control
Program 34.15176 -117.15056 Owner Weekly
N-14 Catch Basin Inspection Annually,prior
5 Program 34.15176 -117.15056 Owner to rainy season
6 S-4 Efficient Irrigation
34.15176 -117.15056 Owner Weekly
7 S-6 Protect slopes and channels
and provide energy dissipation. 34.15176 -117.15056 Owner Weekly
Lot 4
Stormwater Pollution i Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
N- I Education of Property
I Owners,Tenants and Occupants Upon new
on Storrnwater BMP's 34.15176 -117.15020 Owner occupancy
2 N- 3 Landscape Management
BMP's 34.15176 -117.15020 Owner Weekly
N-4 BMP Maintenance- Inspect every 6
3 Infiltration Vault month and
34.05185 -117.15027 Owner prior to storm
4 N-11 Litter/Debris Control
Program 34.15176 -117.15020 Owner Weekly
N-14 Catch Basin Inspection Annually,prior
5 Program 34.15176 -117.15020 Owner to rainy season
6 S-4 Efficient Irrigation
34.15176 -117.15020 Owner Weekly
7 S-6 Protect slopes and channels
and provide energy dissipation. 34.15176 -117.15020 Owner Weekly
Lot 5
Stormwater Pollution ControlDevices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
N- 1 Education of Property
1 Owners, Tenants and Occupants Upon new
on Stormwater BMP's 34.05144 -117.15086 Owner occupancy
2 N- 3 Landscape Management
BMP's 34.05144 -117.15086 Owner Weekly
N-4 BMP Maintenance- Inspect every 6
3 Infiltration Vault month and
34.05146 -117.15101 Owner prior to storm
4 N-11 Litter/Debris Control
Program 34.05144 -117.15086 Owner Weekly
ally,prior
5 N-14 Catch Basin Inspection ton aunt'season
Program 34.05144 -117.15086 Owner
6 S-4 Efficient Irrigation
34.05144 -117.15086 Owner Weekly
7 S-6 Protect slopes and channels
and provide energy dissipation. 34.05144 -117.15086 Owner Weekly
Lot 6
Stormwater Pollution ControlDevices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
N- 1 Education of Property
1 Owners, Tenants and Occupants Upon new
on Stormwater BMP's 34.05144 -117.15048 Owner occupancy
2 N- 3 Landscape Management
BMP's 34. 05144 -117.15048 Owner Weekly
N-4 BMP Maintenance- Inspect every 6
3 Infiltration Vault month and
34.05129 -117.15070 Owner prior to storm
4 N-11 Litter/Debris Control
Program 34. 05144 -117.15048 Owner Weekly
5 N-14 Catch Basin Inspection Annually,prior
Program 34. 05144 -117.15048 Owner to rainy season
6 S-4 Efficient Irrigation
34. 05144 -117.15048 Owner Weekly
7 S-6 Protect slopes and channels
and provide energy dissipation. 34. 05144 -117.15048 Owner Weekly
EXHIBIT "Y'
BMP LOCATION MAP
HIGHLAND AVENUE
N-4 °, ;
1 ' ' ROMTRA77ON
VAULT
LOT 1 LOT 1
S-6 VeMP =322 CF
\` N-1 N-11 N-11 VvAULT=332 CF
Q
\ N-11 INFILTRATION
\ N-3 N_3 S-4 VAULT
LOT
N-11 LOT 2 S—fi LOT 3 N— LOT 4 VeMP =345 CF
C9ti S_4 S-4 N-1 N-1 Q N-3 N_1 VVAULT=367 CF
INFILTRATION
°
VAULT
S� \ LOT 5 N-3 S-4 LOT 3
\'AFT S-4 N_3 S—q. VeMP =357 CF
LOT 6 VVAuLT=-384 CF
SCALE 1"= 60' ° ° N-1 S-6 N -1 INFIL ULT ON
LOT 4
VeMP =379 CF
\ N-11 FESSlOHq VvAuLT=416 CF
OINFILTRATION
N D. 7�T��y� VAULT
PREPARED FOR: N-4 y LOT 5
BROSH-S4CAL PROPERTY INC P VeMP =425 CF
` EXP MAR 301,E 1 VVAULT=468 CF
1662 PLUM LANE, SUITE 105
REDLANDS, CA 92374 .00, INFILTRATION
J' �P VAULT
909-335-25fi3 \ crv1�/ r9jF OF CAt�FLOT 6
Vamp =411 CF
VvAuvAULT=42fi CF
N-1 EDUCATION OF PROPERTY OWNERS OWNER
N-3 LANDSCAPE MAINTENANCE OWNER
N-4 BMP (INFILTRATION VAULT) MAINTENANCE OWNER TUTTLE ENGINEERING
N 11 LITER CONTROL OWNER Civil Engineering Surveying
CATCH BASIN INSPECTION OWNER Land Planning Improvement Design
N-1
S-4 EFFICIENT IRRIGATION OWNER 1445 W. REDLANDS BLVD, SUITE A (909) 798-6785
REDLANDS, CA 92373 FAX (909) 798-1343
S-6 PROTECT SLOPES OWNER
DATE: SEP 2014 SCALE: 1'-60' =ROJ. .: 14--09