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HomeMy WebLinkAboutContracts & Agreements_226-2015_CCv0001.pdf Recorded in Official Records, County of San Bernardino 12/01/2015 BOB DUTTON 10:46 AM CA Esnnaesirc+riatie' ASSESSOR — RECORDER — CLERK SAN D Priority Mail RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Dock 2015—0521705 Titles: 1 Pages: 7 Fees 0.00 CITY CLERK 0.00 CITY OF REDLANDS �� PAIDs 0. 08 PAID P.O. BOX 3005 REDLANDS,CA 92373 SPACE ABOVE THIS LIME FOR RECORDER's USE FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0174-261-15-0000 THIS AGREEMENT is made and entered into this day of 20/ by and between Trinity Evangelical Free Church, 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 Trinity Church Development, 1551 Reservoir Road and filed as CUP 541 (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 CULTEC Stormwater Infiltration Chambers (the"Devices") to minimize pollutants in urban stormwater runoff; 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 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; Clty of Redlands Agroomont Ver7lon January 2007 NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and [Entity Legal Name of Owning Entity] 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 City's Public Works Director 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. 0174-261-15- 0000, 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 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 City of Redlands Agroemant Version January 2007 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 Public Works Director Ken Frizzell City of Redlands Trinity Church P.O. Box 3005 1551 Reservoir Road 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: Trinity Church Paul W. Foster, Mayor Ken Friz , Executive Pastor Attest: Sam in,Ety Clerk City of Redlands Agreement Version January 2007 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 f 1 cf Z I`J before me, Jeanne Donaldson, Deputy City Clerk (Date) (Name and title of the officer) personally appeared Paul W. Foster and Sam Irwin (Name ot person signing who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the wixhin instrument and acknowledged to me that he/she/.tb•ay executed-the same in hisMer/ffi—eir authorized capacity(ies), and that by his/her/their signature( on the instrument the person(, or the enti y upon behalf of which the person(2)acted, execute3the 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. U �•GpRPORq r••'• N Signature of officer 89$ t /////"/N/ C I P O'RN� ////! 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 of �wy�a►7 Ing } On 'TW> - QC� �], 2,015 before me, _Rt-6kk ere insert name anq,yl OT Ene o nicer personally appearedv�Y -% wi.11i&4NA F�IZYAL who proved to me on the basis of satisfactory evidence to be the person} whose named We subscribed to the within instrument and acknowledged to me that executed the same in t0heatWir authorized capacity(ies , and that by s erftheir signatur on the instrument the persorj(�, or the entity upon behalf of which the person(sOcted, 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. ; . PATRISHA L. FIMERALD WITNESS my hand and official seal _ Commission No.2129352 NOTARY PUBLIC-CALIFORNIA .. SAN 13ERN ARDINO COUNTY �v J IYIy Comm.Exprces OCTOBER ....._2019 atary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long f _ as wording does not require the California notary to violate California notary (Title 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. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document pate l� commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other ti• Indicate title or type of attached document,number of pages and date. ❑ - •? Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). W-€3# Versio t Securely attach this document to the signed document with a staple. Attachment A WQMP Template Exhibit A Legal Description Trinity Church Development(C.U.P. 541 A.P.N. 0174-261-15-0000 PARCEL MAP 7259 PARCEL NO 1 AND PTN LOT 25 TRACT 12852 DESC AS BEG MOST ELY COR SD LOT 25 BEING ALSO SLY LI SD TRACT SD PT BEING TRUE POB TH ALG ELY LI SD LOT 25 N 45 DEG 51 MIN 49 SECONDS W 16.04 FT TO ANGLE PT SD ELY LI TH S 48DEG 18 MIN24 SECONDS W 94.78 FT TH N 88 DEG 55 MIN 03 SECONDS W 69.49 FT TH N 75 DEG 39 MIN 57 SECONDS W 73.26 FT TO PT W LI SD LOT 25 TH ALG W U SD LOT S 10 DEG 14 MIN 25 SECONDS W 284.97 FT TO INTERSECTION W AND S LINES SD LOT BEING ALSO S LI SD TRACT TH CONT ALG SD SLI SD LOT N 41 DEG 08 MIN 58 SECONDS E 415.48 FT TO TRUE POB, BVV V 2.31 $ \sy�rrlS 5'Ira 9Q�y`r Ni Revised:January 40`,2008 34 0 0 •i -v • ro W , n s 9 x 0 59 J PT1 Yy 11,.15 r YY° L `• Par. I Q''♦ h,r E! t11,1 �,rJ etiY ♦ li, ` ! IL 1 ov ='.'.i �I '• 7' Gp 4 _ FF •,l.PpaF'r'.• � / .. s / .f` ZE F� t 0 o ren �4��y Wa,y�y�F I 1 amu-x c en wp o m Q J►N �'IZ � � J 3 �¢ ma a n 40-0 � p N C CM 1'•700' V •P• f i i • ~� ra �v i.i ss-