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HomeMy WebLinkAboutContracts & Agreements_231-2021RECORDING 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 0 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk 12/09/2021 0253PM SAN B9246 SPACE ABOVE THIS LINE FOR RECORDER S USE DOC# 2021-0551814 Titles 1 Fees Taxes CA SB2 Fee Total STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0174-281-33-0-000, 0174-281-34-0-000, 0174-281-35-0-000 Pages 10 THIS AGREEMENT is made and entered into this 1 day of J c,,,Ae,�R, , 20 (, by and between Eleventh and Buena Vista, LLC, a California limited liability company ("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") m 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 Parcel Map 14285, northeast of the intersection of Buckingham Drive and Sophia Court and filed as Parcel Map 14285 (M21-0098) (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 four (4) infiltration trenches and two (2) bioretention basins (the "Devices") to mimmize 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 Q \8001-0203-00 ICC PM 14285\Word Processing\License Agreement\PM14285 Stormwater Treatment - Maintenance Agreement Template-092921 docx $0 00 $0 00 $0 00 $0.00 DOC #2021-0551814 Page 2 of 10 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, NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and Eleventh and Buena Vista, LLC, a California limited liability company 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 0174-281-33-0- 000, 0174-281-34-0-000, and 0174-281-35-0-000, 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 Q \8001-0203-00 ICC PM 14285\Word Processing\License Agreement\PM14285 Stormwater Treatment - Maintenance Agreement Template-092921 docx DOC #2021-0551814 Page 3 of 10 5 In event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, m 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 m 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 wntten notice thereof to the other Party CITY City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 OWNER Jorge Gutierrez Eleventh and Buena Vista, LLC 485E 18th St Upland, CA 91784 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 wntmg and approved by the City Council of City and signed by the City and the Owner City of Redlands Q \8001-0203-00 ICC PM 14285\Word Processing\License Agreement\PM14285 Stormwater Treatment - Maintenance Agreement Template-092921 docx DOC #2021-0551814 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS OWNER Charles M Duggan Jr , Cry M&hager Jorge Gutierrez,anag�r' E1eeventh and Buena Vista, LLC, a California limited liability company Attest Donaldson, City Clerk City of Redlands Q \8001-0203-00 ICC PM 14285\Word Processing\License Agreement\PM14285 Stormwater Treatment - Maintenance Agreement Template-092921 docx se 6 dme4 * /2..01-foa1 DOC #2021-0551814 Page 5 of 10 CALIFORNIA ALL•PURPOSE ACKNOWLEDOMENT CIVIL CODE § 1189 �r,�c�arera«a�;riaa,rs�nMY:r��xccu-r.�rrr.�rnrsc-c,�-rer,. c.-rsrc�rsrxv.�rrr�rr�rrm�v�=Arr�rrrri 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 _ .,,s. j. _ On / 2 - d ` - 7O a r before me, Date personally appeared ties i Here Insert Name and lit/e of thra nff ro y Q re Narne(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pers ose na /are bscnbed to the within instrumentftnd acknoy+(ledged to me that /she/they executed the same in er/their authonzed capaciVorsT and that bher/their signatur the instrument the perscul(s)( or the entity upon behalf of which the persacted, 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 RICARDO MUNOZ b If> L COMM # 2246805 1 NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNTY My Corm. Ez;, es JUNE 19, 2022 Place Notary Seal Above WITNESS my hand and official seal OPTIONAL Signature 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 Docum - t Title or Type of Document, .. /66... v!.......... Document Date /2 ' 41-Aa( Number of Pages / Sig er(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name O r - Title(s) 0 Corporate Officer - Title(s) 0 Partner - 0 Limited ■ ener O Individual 0 Attorney in Fact O Trustee 0 Guard O Other Sign epresenting nera ndividual ■ - _ nservator 0 Trustee 0 Guardian or Conserve or 0 Other Signer Is Representing 02014 National Notary Association • www NationaiNotary org • 1 800-US NOTARY (1-800-876-6827) Item 15907 DOC #2021-0551814 Page 6 of 10 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 Californi County of On 110 oNiyAyla v1 D Date personally appeared before me, 11/1)01/4AtA friOlait YU' � n Naamee(s) LQ)JY �FJI b V \ (4\g‘o, Title of the mfficer who proved to meJn the basis of satisfactory evidence to be the person(s) whose name(s) )/are subscribed to the within instrument and acknowledged to me that 11,4/s(ie/they executed the same in Vs/hit/their authorized capacity(ies), and that by Wher/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 ■ 4a Notary Public California Riverside County My Comm Expires Feb 19 2024 Commission N 2319647 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL A SignatuPublic 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) El Partner — El Limited El General El Individual El Attorney in Fact El Trustee El Guardian or Conservator O Other Signer Is Representing ©2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2021-0551814 Page 7 of 10 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS PARCELS 1, 2 AND 3 OF PARCEL MAP NO 14285, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 181, PAGES 3 AND 4 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APN 0174-281-33-0-000 APN 0174-281-34-0-000 APN 0174-281-35-0-000 Q \8001-0203-00 ICC PM 14285\Word Processmg\License Agreement\PM14285 Stormwater Treatment- Mamtenance Agreement Template-092921 docx DOC #2021-0551814 Page 8 of 10 PARCEL MAP NO. 14285 (3 PARCELS) EXHIBIT "B" PLAT MAP CITY OF REDLANDS, CA APN 0174-511-28 APN 0174-511-13 PARCEL MAP BOUNDARY APN 0174-5' 1-14 \ VAA1 \ APN 01 74.-281 -37 1�j1 1 n 11 PARCEL MAP tilt i I 1 //) BOUNDARY 1___(./ ('� (I PARCEL 3 1 I APN 0174 281 35 0-000 1 11 PARCEL 2 APN 0174-281-34-0-000 Iz I U I \__ PARCEL MAP � I BOUNDARY 11m 1 II I / �/ APN 0174-52 i -13 %i!�! / 1! i PARCEL 1 i / i/ i i/ ' // 1 IAPN 0174-281 33 0-000 I / �// ADN 0,7�.-521-12 �/� // / / -_ - 1! //� \ / 1......- // - C � / ___:�\� `\�` ����'�/ PARCEL MAP • % A\\\ _i__�/ BOUNDARY �\� °n\ APN 017-521-19—� h \11~ 11 l lI� 1118 I' 11V � 111¢ I 1 II=1 1 U ill �i I lco u1 i L /1 ' n / , // ,,, / /r , / y„ rr/ / ` / /i// -- APN 0174 -521 - N i N/ `/ N / / NN i/ / i1 / N i , / \NN / / N i i / \`� , ,/,/ DOC #2021-0551814 Page 9 of 10 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP ID Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency E 1 Infiltration Trench 34 03286 117 13584 Homeowner Per Project WQMP E 2 Infiltration Trench 34 03273 117 13583 Homeowner Per Project WQMP F 1 Infiltration Trench 34 03263 117 13585 Homeowner Per Project WQMP F 2 Infiltration Trench 34 03258 117 13587 Homeowner Per Project WQMP G 1 Bioretention Basin 34.03248 117.13587 Homeowner Per Project WQMP G 2 Bioretention Basin 34 03282 117 13592 Homeowner Per Project WQMP Q \8001-0203-00 ICC PM 14285\Word Processmg\License Agreement\PM14285 Stormwater Treatment- Mamtenance Agreement Template-092921 docx I11 I II I II I II � II I II / PARCEL MAP NO 14285 (3 PARCELS) EXHIBIT "D" BMP LOCATION MAP CITY OF REDLANDS, CA W �re I I I 2 �! II Z 1-i Y 1 INFI M ,I COF L, INFILTRATION ► 'I \► \I 1 II II I. II I // // INFILTRATION TRENCH "E 1' �WW TRATION TRENCH 'F 2" TRENCH "F 1 "T INFILTRATION TRENCH "F 2" BIO-RETENTION BASIN "G 1" -(; i r i \s\ / • 1�% -j/'' /-."---- �' • ! � 14I i -- ;,, ,i- FPO -RETENTION BASIN "G 2'> < ' i . i' ce- 7,7 i� /- !- i / /0 i'' / �- / 01- Jo 01, abed i7 Le Lsgo- izoz# ooa iv 1 MOM. sim MOW acr w