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HomeMy WebLinkAboutContracts & Agreements_160-2010_CCv0001.pdf RESOLUTION NO. 6394 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT Whereas,under the authority of the Federal Clean Water Act,the Santa Ana Regional Water Quality Control Board has imposed the requirement upon the City,in the City's NPDES permit, to ensure that all new and redevelopment proposed within the City submit Water Quality Management Plans as part of such development's land use entitlement applications; and Whereas,pursuant to Section A-1.2.2,Attachment A-1 of Water Quality Management Plan Template of San Bernardino County Stormwater Program, adopted on June 1, 2004 by the California Regional Water Quality Control Board-Santa Ana Region,the City Council of the City of Redlands may enter into an agreement with the project proponent to maintain and replace stormwater treatment device as necessary into perpetuity; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. From this day forward,there is hereby authorize the Mayor and City Clerk of the City of Redlands to execute the Stormwater Treatment Device Access and Maintenance Agreements, on behalf of the City of Redlands, relative to the requirements of the Water Quality Management Plan upon recommendation by the City Engineer of the City ofRedlands to approve such agreements. The execution of the agreements does not require Council approval. ADOPTED,SIGNED AND APPROVED this 17th day of May, 2005. Attest: or=fthe City of edlands Beat ce�SancbezDeputy C�ityCler� 1, Beatrice Sanchez. Deputy City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereofheld on the 17th day of May, 2005, by the following vote: AYES: Councilmembers Gil, Gilbreath, George, Harrison; Mayor Peppler NOES: None ABSENT: None ABSTAIN: None Beatrice Sanchez, Deputy City�Cler MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT MEMORANDUM TO: Sam Irwin, City Clerk FROM: Alan K. Collett, Senior Civil Engineer DATE: October 7, 2010 SUBJECT: Stormwater Treatment Device Access and Maintenance Agreement for a proposed single family residence (SFD) - Located at 1.700 Country Club Lane. Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for a SFD - Located at 1700 Country Club Lane. As authorized by Resolution No. 6394, adopted by City Council on May 17, 2005, please have the Mayor and City Clerk execute the Agreement and have it recorded. Please forward a copy of the recorded Agreement to the Municipal Utilities and Engineering Department for our records. a Recorded in Official Records, County of San Bernardino 10/18/2010 LARRY WALKER 2:36 PM FV HcxAuditor/Controller — Recorder RECORDING REQUESTED BY R Regular Dail AND WHEN RECORDED MAIL TO: ,_ .< 9 CITY CLERK DOC#: 2010—0431211 Titles: 1 Pages: 8 CITY OF REDLANDS Fees e.ee P.O. BOX 3005 Taxes e.e9 REDLANDS, CA 92373 I Other e.0e PAID $0.00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S IJSE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0176-493-01 THIS AGREEMENT is made and entered into this (1 day of P�XT 2010, by and between Mike Lyon, an unmarried man ("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 "I3" 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 Lyon Residence and filed as The Lyon Residence (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 Vegetated Sxvales, Permeable Surfaces. Roof Controls, Efficient Irrigation, Splash Pad, and Slope Protection (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 WI-IEREAS, 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 Michael Lvon agree as follows: AGREEMENT I 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 Assessors Parcel Nos. 017 and shall be recorded in the Official Records of the County of San Bernardino � �� ��� expense of the Owner and shall constitute notice to all successors and assigns to the Property of the obligations herein set forth. This Agreement shall also constitute ; 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 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 Mike Lyon City of Redlands 1714 Rossmont Drive P.O. Box 3005 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 si<Lnatures as of the date first written above. CITE' OF REDL ND - OWNER: Pat Gilbreath, Mayor Mike Lyo Attest: e5�A Sam Irwin, City Merl:. ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BE Il 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 October 13, 2010, before me, Lisa Caldera, Administrative Assistant, on behalf of Sam Irwin, City Clerk of the City of Redlands, California, personally appeared Pat Gilbreath, Mayor and Sam Irwin, City Clerk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that haMwithey executed the same in hi&4wr4their authorized capacity(ies) and that by his4w4their 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. R E SAM IRWIN, CITY CLERK ZZ ?PCIPA, 4 0 v�tl� V, isa Caldera, Administrative Assistant A (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s)signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust jx) 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; APN 0176-493-01 Date of Document: October 12, 2010 Signer(s) Other Than Named Above: Mike Lyon, Owner CALL FORMA ALL-PURPOSE ACKNOWLEDGGENT, scats of caftmia r Garrity ort AaLl pr personaffY appearedf a r-1 who pmd ID me on the hash evlderM to be the mss)whose rMne(s)tjok wed to the wvaruTot and ed to me that ancxita!Me in auMor� �),and *s)on fits kaburnent the persottt the ertttty behalf of CAROL L.CARL why the Wig)aged,executed tie kisburat Commission#E 1884345 Notary Public-California i � San Bernardino County I �� urs'PENALTY OF �under the lawsun My Comm.Expires Apr un 2014 of the State of C�gvd the foregoing paragraph true and oorreoL WITNESS hand and official Seal. to � dMalry sig�M� Piwe Now,so.r Mor. OPAL Though dw 'b rent mqutrad by fMet it MW pro`sKkable 1b p"-ww re6ft on the dD� end oOW pint ftnuadukwd nwKm t and reaft1►raN t of Ods firm ro another obcaonent Descrrpfxon of Attechedd}Dvdxnent -ribs or of inert y — ' Document oate:� -- oNuffber or PagM Signers)an,er n-on Nemed atom Capac"kas)claimed byr.SNnw(s) Signer's Narnff Signet's Name= ❑ lrd*4kkmd ❑indii ids ❑ Corporate officer--Tfl*s� C7 C MOMts Oftw—Tltte{s): ❑ Partrter—D f hrs ed DSNEERS= 0 Partner—❑Unked 0 General ❑ Attorney In Fad D in Feat �a eu hes O 7nistes lop a ar,++b been Thafte D �or Conservator ❑Guardian a Ccxtsenaaf ❑ Other: ❑tyttrer: isReprasw&g �� Exhibit A Legal Description THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO GOVERNMENT SURVEY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 25, TRACT NO. 3133, COUNTRY CLUB ESTATES NO. 2, AS PER PLAT RECORDED IN BOOK 42 OF MAPS, PAGES 7 AND 8, RECORDS OF SAID COUNTY; THENCE SOUTH 16° 11' 30" EAST, 20 FEET MORE OR LESS TO THE INTERSECTION OF THE WESTERLY LINE OF CLUBHOUSE DRIVE, WITH THE SOUTHERLY LINE OF A 20 FOOT BRIDLE PATH AS SHOWN ON SAID MAP OF TRACT NO 3133; FOR THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 16° 11' 30" EAST, 227.84 FEET, ALONG THE WESTERLY LINE OF SAID CLUBHOUSE DRIVE TO ITS INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 46, SAID TRACT NO. 3133; THENCE SOUTH 86' 44' WEST 281.11 FEET ALONG SAID PROLONGED SOUTHERLY LINE; THENCE NORTH 01° 22' EAST 236.24 FEET TO A POINT IN THE SOUTHERLY LINE OF THE 20 FOOT BRIDLE PATH AFOREMENTIONED; THENCE SOUTH 89' 38' EAST ALONG SOUTHERLY LINE OF SAID BRIDLE PATH 211.49 FEET TO THE TRUE POINT OF BEGINNING. tiAt�1D Cb D K; 'G _ Q d� m CCj.,// 73 * NO.7319 BOUNDARPLAT N 89'38'V V"4( 211.49' 1 1 \ LU 04 N 1C 0 04 x \ a 4 N8644'C30"E 281.11' SCALE: 1"=40'