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HomeMy WebLinkAboutContracts & Agreements_41-2022RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO DOC# 2022-0123024 CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk 04/01/2022 Titles 1 Pages 10 08 00 AM SAN Fees $0 00 Taxes $0 00 14311 CA SB2 Fee $0 00 Total $0 00 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-1 —22 155 THIS AGREEMENT is made and entered into this $(S1 day of Ci-1 , 2022, by and between Grace Phelps, a married woman as her sole and separate property ("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 Phelps Office Building-CRA 907, Northwest of Iowa Street and Park Avenue, Redlands, CA and filed as CRA 907 (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 Si, S4, S5, Ti, and T2 (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 F \Z\79100\REFERENCE\STUDIES\WQMP\Stormwater Treatment -Maintenance Agreement Template 2 docx DOC #2022-0123024 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 Grace Phelps, a married woman as her sole and separate property 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 0292-155-22, 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 F \Z\79100\REFERENCE\STUDIES\WQMP\Stormwater treatment -Maintenance Agreement Template 2 docx DOC #2022-0123024 Page 3 of 10 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 m 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 Grace Phelps 1625 Ford Street 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 wrrtmg and approved by the City Council of City and signed by the City and the Owner Cfly of Redlands C•\UsersUK\Desktop\Stormwater Treatment -Maintenance Agreement Template[297319] docx DOC #2022-0123024 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 ,et Charles M Duggan Jr , crtyanager Grachelps Attest ne Donaldson, City Clerk City of Redlands C \Users\JK\Desktop\Stormwater Treatment Maintenance Agreement Template[297319] docx DOC #2022-0123024 Page 5 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 California County of �GVI 2et-vvii7 ►'1O On 1✓14v i 2;( 2-0 2-2— before me, Date personally appeared G1(Vtrl-Gy kiGki*c1 ,,11 O N �l ✓61�G 1� LG GC�j ✓ y Here Insert Name and Title of the Officer (214Arl awl. Tr AVI I , -CA vole, 0ov11cl o —IVame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ,i5lare subscribed to the within instrument and acknowledged to me that J/she/they executed the same in 1-0/lye/their authorized capacity(ies), and that by hs/I r/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 JENNIFER MACIAS Notary Public California /I San Bernardino County g Commission # 2388813 My Comm Expires Dec 31 2025 Place Notary Seal Above WITNESS my hand and official seal Signature gnature of Notary Public OPTIONAL 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 % r'v✓LwulC+''(v64 rnevcf'Dc+t,G writ 6W111o1 MCawe, kezo5;vve k1444tvAhr 'ear`411444— Document Date Number of Pages 4- Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limite ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Con rvator ❑ Other Signer Is Representing miner's Name Corporate Officer — Title(s) — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other ney in Fact ❑ Guardian or Conservator Signer Is Representing ©2016 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2022-0123024 Page 6 of 10 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 NweAti9ty 5 t'it -/.{ before me, Rebecca M. Newbry, Notary Public (insert name and title of the officer) personally appeared Grace Phelps 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 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 (Seal) REBECCA M NEWBRY Notary Public California San Bernardino County Commission # 2336488 My Comm Expires Oct 27, 2024 DOC #2022-0123024 Page 7 of 10 Exhibit A Legal Description The land referred to herein is situated in the State of California, County of San Bernardino, City of Redlands and described as follows: That portion of the South one half of the Southeast one quarter of Block 11, Barton Ranch Subdivision, in the City of Redlands, County of San Bernardino, State of Califomia, as per Map recorded in Book 6, Page 19 of Maps, in the Office of the County Recorder of said County, described as follows Beginning at the center fine intersection of Park Avenue and Iowa Street, Thence North 201 00 feet along the center line of Iowa Street, Thence North 89° 03' 30" West 223 00 feet on a line parallel with the center line of Park Avenue, Thence South 2° 26' 00" West, 201.03 feet to a point in the center line of Park Avenue, Thence along said center line of Park Avenue South 89° 03' 30" East 231 50 feet to the true point of beginning Pursuant by Certificate of Compliance Lot Line Adjustment No. 638 of Lot Merger recorded March 23, 2021 as Instrument No 2021-130634, of Official Records Except therefrom that portion Tying within Iowa Street and Park Avenue and together with that portion vacated of Iowa Street by resolution No 8139 recorded December 18, 2020 as Instrument No. 2020- 515828, of Official Records APN 0292-155-22-0-000 FAZ\79100\REFERENCE\STUDIES\WQMP\Stonnwater Treatment -Maintenance Agreement Template.docx EXHIBIT "B" DOC #2022-0123024 Page 8 of 10 O0 o) ON O N89 03'30"W 223 00' INST#2o13 0169118 0 R REC o4/24/2013 33 00' N89°03'30"W �o3.9' PARK AVENUE STREET DEDICATION PER DOC# 2021 0287589 OR REC 6/24/21 L Ln w STREET VACATION PER DOC# 2020 0515828 OR o REC 12/18/2020 1 =90°56'30" R=13 00' L=20 63' T=13 22' DOC #2022-0123024 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices BMP # Sturnmater BMP or Pollution Control DeviceProvided Pollution Latitude Control Longitude Do ices Maintenance By Frequency 1 S 1— STORM DRAIN SIGNAGE 34 05947 117 21354 DEVELOPER/ PROPERTY OWNER ANNUALLY 2 S4 — IRRIGATION SYSTEM 34 05962 117 21335 DEVELOPER/ PROPERTY OWNER BI- ANNUALLY 3 S5 — DEPRESSED LANDSCAPING 34 05954 117 21356 DEVELOPER/ PROPERTY OWNER ANNUALLY 4 T1— BASIN PRETREATMENT 34 05947 117 21354 DEVELOPER/ PROPERTY OWNER ANNUALLY 5 T2 — UNDERGROUND BASIN 34 05945 117 21366 DEVELOPER/ PROPERTY OWNER ANNUALLY 6 7 8 9 10 F \Z\791001REFERENCE\STUDIES\WQMP\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2022-0123024 Page 10 of 10 EXHIBIT D BMP MAP IOWA STREET • PROPOSED BU 1 LJ • LAJLAJ j •••am IMMO ••••••••••••••MOMMOIR. laimmat*IMIIIIIMME••••••• PARK AVENUE