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HomeMy WebLinkAboutContracts & Agreements_178-2021RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 o 09/16/2021 11 26 AM SAN C6677 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk DOC# 2021-0423118 SPACE ABOVE THIS LINE FOR RECORDER'S USE Titles 1 Pages 11 Fees Taxes CA SB2 Fee Total $0 00 $0 00 $0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-201-37-0000,0292-201-39-0000 THIS AGREEMENT is made and entered into this f &T l'day of 681TEttpxk , 202I, by and between Redlands Christian School, a California Religious Corporation ("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 Lower Christian School at 125 & 141 Kansas Street and filed as C U P 1134 (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 Pnnsco Hydrostor Chambers, Flogard Filters, REM -Triton Filters, Precast Inlets, & Trench Drains (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 referred to as the Water Quality Maintenance Plan, and City of Redlands Z \Projects\2345\0100\WQMP\Stormwater Treatment -Maintenance Agreement docx DOC #2021-0423118 Page 2 of 11 WHEREAS, the Devices being installed on private property and draining only pnvate property, are pnvate 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, NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and Redlands Chnstian School, a California Religious Corporation agree as follows AGREEMENT 1 The Owner hereby provides the City and its designees with full nght 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 undertakmg 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 matenals from the Devices, and the ultimate disposal of the matenals 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 matenals removed, the quantity and the location of disposal destinations, as appropnate 3 In the event the Owner fails to perform the necessary maintenance required by this Agreement within thirty (30) days of being given wntten notice by the City to do so, setting forth with specificity the action to be taken, the City is authonzed 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 authonzed 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 0292-201-37-0000, 0292-201-39-0000, 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 hen 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 Z \Projects\2345\0100\WQMP\Stormwater Treatment -Maintenance Agreement docx DOC #2021-0423118 Page 3 of 11 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 pnor 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 City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 OWNER Daniel Cole, Pnncipal Redlands Christian School 105 Tennessee Street Redlands, CA 92373 9 This Agreement shall be governed by and construed in accordance with the laws of the State of Cahfornia 10 Any amendment to this Agreement shall be in wnting and approved by the City Council of City and signed by the City and the Owner. City of Redlands Z \Projects\2345\0100\WQMP\Stormwater Treatment -Maintenance Agreement docx DOC #2021-0423118 Page 4 of 11 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first wntten above CITY OF REDLANDS Charles M Duggan Jr , Ci'=' . ::er Attest Donaldson, City Clerk ALL- aniel Cole, Pn cipal Redlands Christian School a California Religious Corporation City of Redlands Z \Projects\2345101001WQMP\Stormwater Treatment -Maintenance Agreement docx DOC #2021-0423118 Page 5 of 11 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 Fl VeYS 6s, On .pfiCAr\YX Mi( before me, personally appeared pan, e \ C b .Q 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 ♦ } 9 "a3 n Vera\ d e Y wc) d) � 1-aV ?(1' insert name and tit a of th o ice I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct W ITN ESS my hand and ublic Sign ADDIITIONAL cial seal (Notary Public Seal) PEYTON.UNDERWOOD Commission No 2288971 NOTARY PUBLIC CALIFORNIA RIVERSIDE COUNTY My Comm. Elmira MAY 18 2023 TIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM �� This form comphes with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other ;.Otr Version wv,iw NotaryC.•Iasaes.com 800-87';-9865 :f 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 as the wording does not require the California notary to violate California notary law • 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 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 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 • 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 information may lead to rejection of document recording • 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 sufficient area permits otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document • 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) • Securely attach this document to the signed document with a staple DOC #2021-0423118 Page 6 of 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Coun)y d 0 Date personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) joeare subscribed to the within instrument and acknowledged to me that Ye/sikthey executed the same in IA/Vt./their authorized capacity(ies), and that by I�s/hi/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 L R MCCASLAND Notary Public California JRiverside County Commission N 2319647 My Comm Expires Feb 19, 2024 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL igna of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2021-0423118 Page 7 of 11 Exhibit "A" Legal Description Real property in the City of Redlands, County of San Bernardino, State of California, described as follows PARCEL A PARCEL A, AS SHOWN ON LOT LINE ADJUSTMENT NO LA 626, AS EVIDENCED BY DOCUMENT RECORDED AUGUST 29, 2018 AS INSTRUMENT NO 2018 0316939 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS ALL THAT PORTION OF THE EAST HALF OF BLOCK 17, BARTON RANCH SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19 OF RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID BLOCK 17, SAID LINE ALSO BEING THE CENTERLINE OF KANSAS STREET SAID POINT BEING NORTH 11 07 FEET FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID BLOCK 17 THENCE SOUTH ALONG THE EASTERLY LINE OF SAID BLOCK 17 (ALSO BEING THE CENTERLINE OF KANSAS STREET) A DISTANCE OF 412 05 FEET TO A POINT IN THE MIDDLE OF ARROYO OR STORM WATER DITCH, THENCE NORTH 69°51'48" WEST, A DISTANCE OF 251 06 FEET, THENCE NORTH 56°20'26" WEST, AT DISTANCE OF 130 83 FEET, THENCE NORTH 00°03'25" EAST A DISTANCE OF 252 53 FEET, THENCE NORTH 89°54'10" EAST, A DISTANCE OF 344 33 FEET TO THE POINT OF BEGINNING EXCEPTING THE EAST 40 FEET FOR STREET PURPOSES, THE WEST LINE OF SAID 40 FEET BEING PARALLEL WITH THE CENTERLINE OF KANSAS STREET TOGETHER WITH ALL THAT PORTION OF THE EAST HALF OF BLOCK 17, BARTON RANCH SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS PAGE 19, RECORDS OF SAID COUNTY, AS FOLLOWS BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID BLOCK 17 SAID LINE ALSO BEING THE CENTERLINE OF KANSAS STREET, SAID POINT BEING NORTH 11 07 FEET FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID BLOCK 17, THENCE ALONG THE NORTH LINE OF THE ABOVE DESCRIBED PARCEL, SOUTH 89°54'10" WEST, A DISTANCE OF 344 33 FEET, THENCE NORTH 00°03'25" EAST A DISTANCE OF 112 98 FEET TO A POINT ON THE SOUTH LINE OF PARCEL NO 2 OF SAID PARCEL MAP NO 11692 AS RECORDED IN PARCEL MAP BOOK 152, PAGES 13 AND 14, SAID POINT BEING SOUTH 89°24'53" EAST, 12 26 FEET ALONG SAID SOUTH LINE FROM THE SOUTHWEST CORNER OF SAID PARCEL NO 2, THENCE SOUTH 89°24'53" EAST, A DISTANCE OF 344 23 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID EAST HALF OF BLOCK 17, SAID LINE ALSO BEING THE CENTERLINE OF KANSAS STREET, Page 1 of 2 DOC #2021-0423118 Page 8 of 11 THENCE SOUTH ALONG SAID EAST LINE, A DISTANCE OF 108 93 FEET TO POINT OF BEGINNING EXCEPTING THE EAST 40 FEET OF THE LAST DESCRIBED PARCEL, FOR STREET PURPOSES, THE WEST LINE OF SAID 40 FEET BEING PARALLEL WITH THE CENTERLINE OF KANSAS ST BEET PARCEL B PARCEL NO 2 AS SHOWN ON LOT LINE ADJUSTMENT NO 432 (REVISION 1), AS EVIDENCED BY DOCUMENT RECORDED MAY 23, 2002 AS INSTRUMENT NO 2002 0266564 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS ALL THAT PORTION OF TH E EAST HALF OF BLOCK 17, BARTON RANCH SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT TH E NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SAID BLOCK 17 TH ENCE SOUTH ALONG TH E EASTERLY LINE OF SAID BLOCK 17 (ALSO BEING THE CENTERLINE OF KANSAS STREET) A DISTANCE OF 400 98 FEET, TO A POINT IN THE MIDDLE OF ARROYO OR STORM WATER DITCH, THENCE NORTH 69°51'48" WEST, A DISTANCE OF 251 06 FEET, THENCE NORTH 56°20' 26" WEST, A DISTANCE OF 130 83 FEET, TO TH E TRUE POINT OF BEGINNING, THENCE NORTH 56`20'26" WEST A DISTANCE 28 19 FEET, THENCE NORTH 73°51'22" WEST, A DISTANCE OF 304 06 FEET, TO A POI NT ON THE WESTERLY LINE OF TH E SOUTHEAST QUARTER OF SAID BLOCK 17, THENCE NORTH 00°00'42" WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 268 45 FEET TO ITS INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 120 00 FEET NORTHERLY OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID BLOCK 17, THENCE SOUTH 89°25 31" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 316 01 FEET TO A POINT THAT IS DISTANT 344 24 FEET FROM THE EASTERLY LINE OF SAID BLOCK 17, THENCE SOUTH 00°03'25" WEST, A DISTANCE OF 365 51 FEET TO THE POINT OF BEGINNING APN 0292-201-37 and 0292-201-39 Page 2 of 2 DOC #2021-0423118 Page 9 of 11 Exhibit B Map / (VACANT/UNDEVELOPED) —Illa,mil Z , I O C...)-7/ I� ,off / , W I �/ / / APN 0292-201-37-0000 / PARCEL B O/ / 141 KANSAS ST Z/ , LLAREC NO 432 (REV 05/23/02 1) / INST NO 2002-0266564 0 R 7 is , / // w _ __ ........ U /3 ILL O APN 0292-201-39-0000 I¢ PARCEL A I / ' w 131 KANSAS ST ' o ' LLA NO 626 ; U REC 08/29/18 / / INST NO 2018-0316939 0 R , ,/ ,/ ------J q- KANSAS STREET Z \Projects\2345\0100\WQMP\Stormwater Treatment Maintenance Agreement Template docx DOC #2021-0423118 Page 10 of 11 Exhibit C Stormwater Pollution Control Device BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 DRAIN INLET WITH FILTER INSERT 34 05338 -117 20652 Darnel Cole Before & After rain 2 DRAIN INLET WITH FILTER INSERT 34 05338 -117 20649 Darnel Cole Before & After rain 3 CATCH BASIN WITH FILTER INSERT 34 05339 -117 20653 Daniel Cole Before & After ram 4 CATCH BASIN WITH FILTER INSERT 34 05343 -117 20650 Daniel Cole Before & After rain 5 UNDERGROUND INFILTRATION CHAMBER 34 05341 -117 20639 Daniel Cole Once a year 6 DRAIN INLET WITH FILTER INSERT 34 05413 -117 20542 Daniel Cole Before & After rain 7 DRAIN INLET WITH FILTER INSERT 34 05413 -117 20559 Daniel Cole Before & After ram 8 TRENCH DRAIN WITH FILTER INSERT 34 05384 -117 20529 Darnel Cole Before & After rain 9 DRAIN INLET WITH FILTER INSERT 34 05374 -117 20559 Daniel Cole Before & After ram 10 TRENCH DRAIN WITH FILTER INSERT 34 05331 -117 20518 Daniel Cole Before & After ram 11 DRAIN INLET WITH FILTER INSERT 34 05329 -117 20559 Daniel Cole Before & After ram 12 DRAIN INLET WITH FILTER INSERT 34 05324 -117 20565 Daniel Cole Before & After rain 13 CATCH BASIN WITH FILTER INSERT 34 05315 -117 20260 Daniel Cole Before & After ram 14 CATCH BASIN WITH FILTER INSERT 34 05316 -117 20552 Daniel Cole Before & After rain 15 UNDERGROUND INFILTRATION CHAMBER 34 0512 -117 20541 Daniel Cole Once a year 16 CATCH BASIN WITH FILTER INSERT 34 05313 -117 20531 Darnel Cole Before & After rain Z \Projects\2345\0100\WQMP\Stormwater Treatment -Maintenance Agreement Template docx DOC #2021-0423118 Page 11 of 11 7.--Z �0/ J8/ J 0 7 Exhibit D BMP Map (VACANT/UNDEVELOPED) APN 0292-201-37-0000 PARCEL B 141 KANSAS ST LLA NO 432 (REV 1) REC 05/23/02 INST NO 2002-0266564 0 R APN 0292-201-39-0000 PARCEL A 131 KANSAS ST LLA NO 626 REC 08/29/18 I T NO 2018-0316939 0 KANSAS STREET re w U w 0 ii O 1U gC 0 U