HomeMy WebLinkAboutContracts & Agreements_77-2014_CCv0001.pdf Recorded in Official Records,County of San Bernardino 5/08/2014
11:46 AM
C
DENNIS DRAEGER N
E
NC
; H ASSESSOR — RECORDER — CLERK
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RECORDING REQUESTED BY C Priority Mail
AND WHEN RECORDED MAIL TO:
Doc#: 2014-0166785 Titles: 1 Pages: 8
CITY CLERK j Fees 0.00
Taxes 0.00
CITY OF REDLANDS Other 0.00
P.O. BOX 3005 I PA:o $0.00
REDLANDS, CA 92373
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0176-05-02, 0176-05-03, 0176-05-07, 0176-05-031
THIS AGREEMENT is made and entered into this Zip day of KAY 20 14,
by and between REDLANDS I5M 2013, 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 Center Ridge Estates, 1430, 1436, 1440, 1446, 1450, 1456, 1470 and 1486 Center
Street, and 1415, 1425, 1435, 1445, 1455, 1465 and 1475 Charleston Lane, and filed as Tract
16742 (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 TC-10 Infiltration Trenches, MP-40 Media
Filter, MP-51 Vortex separator and TC-30 vegetated Swale (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 REDLANDS 15M 2013, LLC agree
as follows:
AGREEMENT
I The Owner hereby provides the City and its designees with full night 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. 0176-05-02,
0176-05-03, 0176-05-07, 0176-05-031 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 REDLANDS I 5M 2013, LLC
City of Redlands 8951 Research Drive
P.O. Box 3005 Irvine, CA 92618
Redlands, CA 92373 8951 Research Drive
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 RE ANDS- OWNER:
Pete Aguirar, Mayor REDLANDS 15M 2(*3, LLC
By: Melia Homes. Inc.
It's Manager
I-
BJ Delzer, President
Attest:
Sam IrwirAveih,)Clerk
City of Redlanciti
Aareement Version NOVEMBER 2013
i
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I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CPAL CODE§ I189
State of California
County of A
On 7-7 �� before me, � � , „�` wa t � 4-i
Here Insert Name and Title of the 6ff:cc
personally appeared
Ne-;d Signe; >
who proved to me on the basis of satisfactory
evidence to be the person(sj whose name{ is/are X�
subscribed to the within instrument and acknowledged
to me that he/s /th, y executed the same in
t his/hoc/their authorized capacity(ies), and that by
his/hr/their signature{sl on the instrument the
person{ }, or the entity upon behalf of which the
person{ acted, executed the instrument.
PCA JADE WAS
NOTMV I 0 3 I certify under PENALTY OF PERJURY under the
ORANGE c�� 21 laws of the State of California that the foregoingCam.EXP. ,
paragraph is true and correct.
WITNESS m and official seal
Signature:
Pea Nota
ry Seal Above Signature of Notary Public
OPTIONAL
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. )
X
Description of Attached Document
Title or Type of Document:
Document Date: dumber of Pages:
Signer(s)Other Than named Above:
Capacity(ies) Claimed by Signer{s}
Signer's Name: --- Signer's Name: -----
Corporate Officer— T itie(s): _ Corporate;Officer -- Title(s):
Individual Individual r
Partner -Limiters General _,rc; C partner — Limited General ?gyp or intar,n he s
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Attorney in Fact Attorney in Fact i
Trustee 3 Trustee
f� €:
Guardian or Conservator Guardian or Conservator I
Other- Other:
Signer is Representing: Signer Is Representing: _-
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Exhibit A
Legal Description Tract 16742
EXHIBIT A
LEGAL DESCRIPTION
LOTS 3 AND 4, AND PORTIONS OF LOTS 5, 6 AND 7, BLOCK 16, SMITH'S SUBDIVISION
NO. 2, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9 OF MAPS, PAGE 42, RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF CENTER STREET AND RIDGE
STREET(FORMERLY DOOLITTLE STREET) AS SHOWN ON SAID SMITH' SUBDIVISION; THENCE
ALONG SAID CENTERLINE OF RIDGE STREET, SOUTH 49238' 08" WEST, 121.28 FEET;
THENCE LEAVING CENTERLINE OF SAID RIDGE STREET, NORTH 59201'29" WEST, 165.21
FEET; THENCE SOUTH 67209'01" WEST, 101.80 FEET; THENCE SOUTH 42208'24" WEST,
84.35 FEET; THENCE SOUTH 62247 '41" WEST, 83 .61 FEET; THENCE SOUTH 09230'55"
EAST, 82.00 FEET; THENCE SOUTH 51200'55" EAST, 126.98 FEET TO THE CENTERLINE
OF SAID RIDGE STREET; THENCE ALONG CENTERLINE OF SAID RIDGE STREET, SOUTH
49238 '08" WEST, 20.00 FEET; THENCE SOUTH 74237 '14" EAST, 123 .12 FEET; THENCE
LEAVING THE CENTERLINE OF SAID RIDGE STREET, SOUTH 15922 '46" WEST, 32.19
FEET; THENCE NORTH 78237 ' 18" WEST, 143 .13 FEET; THENCE NORTH 64259'30" WEST,
136.99 FEET; THENCE SOUTH 62229 ' 35" WEST, 161.80 FEET; THENCE SOUTH 52216'20"
WEST, 305.91 FEET; THENCE NORTH 83227 ' 05" WEST, 274.10 FEET; THENCE NORTH
57219'26" WEST, 385.80 FEET; THENCE NORTH 09240 '33" EAST, 116.81 FEET TO THE
CENTERLINE OF SAID CENTER STREET; THENCE ALONG THE CENTER LINE OF SAID CENTER
STREET THE FOLLOWING DESCRIBED COURSES: SOUTH 74236'30" EAST, 123.83 FEET;
THENCE NORTH 71220'54" EAST, 1024,32 FEET; THENCE NORTH 85232'23" EAST,
215.83 FEET; THENCE SOUTH 55234' 00" EAST, 210.83 FEET TO THE POINT OF
BEGINNING.
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Exhibit B
Map Tract 16742
'17
OT "A LINE TABLE
LINE BEARING DISTANCE
YN59'01'29"W Ll S49 38'08"W 121.28
��, f if 15
L2 165,21
L3 S67°09'{71"W 101.80
L4 S42008'24"W 84.35
L5 S62'47'41"W 83.61
L6 S09030'55"E 82,00
L7 S51 000'55"E 126,98
jr f 14 L8 S49'38'08"W 20,00
L9 S74'37'14"E 123.12
L10 S1 5022'46'W 32.19
L11 N78*37'18"W 143.13
2 L12 N64'59'30"W 136.99
7, C 13
L13 S62'29'35"W 161.80
L14 552'16'20"W 305.91
L15 N83*27*05"W 274.10
12 3 L16 N57*19'26"W 385.80
L17 N09040'33"E 116.81
L18 S74036'30"E 123.83
4 L19 N71020'54"E 1024.32
L20 N85032'23"E 215.83
L21 S55034'00"E 210.83
10
6 FESS
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Exhibit C
Stormwater Pollution Control Devices Tract 16742
Stormwater Pollution Control Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
I TC-10 Infiltration Trench Lot 1 34.0298760 -117,1718770 HOA Yearly
2 TC-10 Infiltration Trench Lot 2 34.0299030 -117.1714470 HOA Yearly
3 TC-10 Infiltration Trench Lot 3 34.0299270 -117.1710920 HOA Yearly
4 TC-10 Infiltration Trench Lot 4 34.0299470 -117.1707470 HOA Yearly
5 TC-10 Infiltration Trench Lot 5 34.0299710 -117.1703810 HOA Yearly
6 TC-10 Infiltration Trench Lot 6 34.0299950 -117.1700110 HOA Yearly
7 TC-10 Infiltration Trench Lot 7 34.0300180 -117.1696530 HOA Yearly
8 TC-10 Infiltration Trench Lot 8 34.0300460 -117.1689330 HOA Yearly
9 TC-10 Infiltration Trench Lot 9 34.0293060 -117.170006° HOA Yearly
10 TC-10 Infiltration Trench Lot 10 34-029186- -117.1704630 HOA Yearly
11 TC-10 Infiltration Trench Lot 11 34.0291081 -117.170652' HOA Yearly
12 TC-10 Infiltration Trench Lot 12 34-0289610 -117.171099° HOA Yearly
13 TC-10 Infiltration Trench Lot 13 34.0290240 -117.1714980 HOA Yearly
14 TC-10 Infiltration Trench Lot 14 34-0291800 -117.171938° HOA Yearly
15 TC-10 Infiltration Trench Lot 15 34.0298620 -117.1723160 HOA Yearly
16 TC-10 Infiltration Trench Lot B 34.0299800 -117.168485 HOA Yearly
17 TC-30 Vegetated Swale 34.0288120 -117.171167 HOA Monthly
is MP-40 Media Filter 34.029777 -117.1727930 HOA Monthly
19 MP-51 Vortex Separator 34.0297770 117A727660 HOA Monthly
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Exhibit D
BMP Location Map Tract 16742
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