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Home My WebLink AboutContracts & Agreements_81-2022RECORDING 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 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk DOC# 2022-0184923 05/18/2022 Titles 1 Pages 9 01 05 PM SAN Fees $0 00 Taxes $0 00 C5032 CA SB2 Fee $0 00 Total $0 00 SPACE ABOVE THTS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0174-601-07 THIS AGREEMENT is made and entered into this i' U day ot 714 / , 20_, by and between Mark Averbeck and Manlou M Averbeck, Husband and Wife as Community 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 ot the Owner's development project commonly known as 695 Bradbury Dr Redlands, CA 92374 and filed as M22-0015! (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 .landscape and roof downspouts for impervious area dispersion (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 DOC #2022-0184923 Page 2 of 9 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 Ownei, 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 propel 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 m 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 Mark Averbeck and Marilou M Averbeck, Husband and Wife as Community 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 m 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, foi 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 foi 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 m 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 wntten notice by the City to do so, setting forth wall 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 m full 4 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0174-601-071, and shall be recorded m the Official Records of the County of San Bernardino at the expense of the Ownei 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 DOC #2022-0184923 Page 3 of 9 5 In event any action is commenced to enforce oi 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 oi any portion of the Pi operty Any owner's liability hereunder shall terminate at the time it ceases to be an ownei 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 tor 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 Marl, whichever is ear lrer 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 Mark Averbeck and Marilou M Averbeck, Husband and Wife as Community Property 812 Concord Lane Redlands, CA 92374 9 This Agreement shall be governed by and construed in ac voidance 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 )Ltq written above /Ii��' �,�jj CITY OF REDLANDS OWNER Charles M Dugga J Manager e Donaldson, City Clerk Mark Averbeck and Marilou M Averbeck, Husband and Wife as Community Property] DOC #2022-0184923 Page 4 of 9 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 ' 4V eeYYlarpli✓O ) before me, hlkr-Ac was, 1\10 Here Insert Name and Title of the Officer personally appeared ,_,4401.n i Poi Wa{ G1►i ( k j7rcG r Name(s) of Signer(s) On MayZl%7,2— Date p�,l�liL who proved to me on the basis of satisfactory evidence to be the person( sJ whose name(s),jstare subscribed to the within instrument and acknowledged to me that I e7 Ile/tom executed the same in lit 7fir/their authorized capacity(ies), and that by his/jar/their signature(si on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument JENNIFER MACIAS Notary Public California San Bernardino County Commission # 2388813 My Comm Expires Dec 31, 2025 Place Notary Seal Above 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 Signature (g `acc �✓ ignature 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 6+71rW4ft-*Z*thvt.es4- jevi. /G€S`7 4 401 i'1a; Ic za kite itr we.i+ Document Date P-tr 31 ZUZZ Number of Pages 3 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 ❑ 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 02016 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2022-0184923 Page 5 of 9 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 May 3rd, 2022 before me, Alyssa Ochoa, Notary Public (insert name and title of the officer) personally appeared Mark Averbeck and Marilou M Averbeck 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 Signature (Seal) ALYSSA OCNOA Notary Public California San Bernardino County > Commission # 2367628 My Comm Expires Jul 24 2025 DOC #2022-0184923 Page 6 of 9 Exhibit A Legal Description LOT 29, TRACT NO 12852, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 186, PAGES 51 TO 56 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DOC #2022-0184923 Page 7 of 9 /0 EASEMENT FOR PUBLIC UTILITIES AND DRAINAGE IN FAvoR OF THE CITY OF REDLAND5 A5 DISCLOSED BY DEED RECORDED II/26/69 IN BOOK 6036 PARE 450 k 459 OF OFFICAL RECORDS OF 9AN BEM ARDINO COUNT'/ DOC #2022-0184923 Page 8 of 9 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Frequency Maintenance Provided By 1 Landscape 34 04152 -117 15389 Property Ownei Annually 2 Rooftop Downspouts 34 04152 -117 15389 Property Owner Annually 3 4 5 6 7 8 9 10 DOC #2022-0184923 Page 9 of 9