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HomeMy WebLinkAboutContracts & Agreements_190-2022RECORDING REQUESTED BY: MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT CITY OF REDLANDS WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 0 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2022-0318273 09/20/2022 Titles: 1 Pages: 9 09:18 AM SAN F3010 Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS FEES NOT REQUIRED AND MAINTENANCE AGREEMENT PER GOVERNMENT CODE SECTION 6103 Assessor's Parcel Number(s) 0170-092-01 THIS AGREEMENT is made and entered into this day of v , 2022, by and between University of Redlands, a California corporation, University of R:4a ds, a corporation and University of Redlands, as their interests appear of record ("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 University of Redlands Tennis Courts, 1200 E Colton Avenue, Redlands, California and filed as M22-0080) (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 Pervious Concrete, Landscape Finish Grade and Planning, Efficient Irrigation, Litter and Runoff Control (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 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 C:\Users\jason_doyle\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\VFVOQK75\Stormwater Treatment -Maintenance Agreement_RI .docx DOC #2022-0318273 Page 2 of 9 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 Owner 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. 0170-092-01, 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. 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. C:\Users\jason_doyle\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\VFVOQK75\Stormwater Treatment -Maintenance Agreement_R1.docx DOC #2022-0318273 Page 3 of 9 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 City Engineer City of Redlands P.O. Box 3005 Redlands, CA 92373 OWNER University of Redlands Attn: Facilities Management P.O. Box 3080 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 signatures as of the date first written above. CITY OF REDLANDS: aeLN4 OWNER: Charles M. Duggan ., City anager Kevin Dyerly Vice President for Finance/CFO Attest: e Donaldson, City Clerk C:\Users\jason_doyle\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\VFVOQK75\Stotmwater Treatment -Maintenance Agreement_Rl .docx DOC #2022-0318273 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 4111 fe''1/1 "--4i"(-) On G 1.611I 11.i 20Z before me, L ✓'"1--f'C' K Date Here Insert Name and Title ofLthe Officer personally appeared (ice k-LcS LA • ��'^ jr • 4r>.A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name() is/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in his/her/their authorized capacity ies , and that by hi3/hcr/their signatures) 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 San Bernar1ino County Commission N 2388813 My Comm. Expires Dec 31. 2025 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL ignature 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: NurJa r of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Genera ❑ Individual ❑ Attorney ' • " act ❑ Trustee ❑ Other: Signer Is Repr ❑ Gu an or Conservator Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: nting: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2022-0318273 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 Recc�carci\x"` On Ot.9t2s+ aoQA before me, 1 b,e, T 0C - fVOi iy Pw6/4. (insert name and title of the off cer) personally appeared Vv “\ - ex-Vi who proved to me on the basis of satisfactory evidence to be the person) whose name(, is/arm subscribed to the within instrument and acknowledged to me that he/sbe1tbey executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signatures} on the instrument the personpl, or the entity upon behalf of which the person 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) DEBBIE J. CLARK Notary Public - California San Bernardino County > Commission 4 2403219 My Comm. Expires May 4, 2026 DOC #2022-0318273 Page 6 of 9 EXHIBIT "A" DESCRIPTION OF PROPERTY REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 14804 AS PER PLAT RECORDED IN BOOK 186 OF PARCEL MAPS, PAGES 28 THROUGH 32, INCLUSIVE, RECORDS OF SAID COUNTY. CONTAINING 39.308 ACRES (GROSS) MARK S. WHITMER, L.S. 5535 DATE: a /JS�ZOZZ EXHIBIT "B" PLAT OF PROPERTY SHEET 1 OF 1 40' 0 N N w N M co 2 40' ,u M.B. 62/97 TRACT NO. 4191 LUGONIA PARK TRACT M.B. 4/50 BLOCK C N00'08'57"W 908.72 GROVE STREET_�I 40' L8` Cl PARCEL 2 PARCEL MAP NO. 14804 P.M.B. 186/28-32 38.57 ACRES (GROSS) . N00'11'41" LUGONIA HEIGHTS TRACT M.B. 8/12 1 LINE DATA TABLE LINE BEARING LENGTH L1 N80'11'33"E 213.75' L2 N75'52'30"W 59.43' L3 N82'04'25"E 67.41' L4 N89'08'54"W 102.53' L5 S69'16'20"E 76.47' L6 N88'26'37"E 127.42' L7 N71'42'43"E 166.22' L8 N05'22'06"W 54.17' PARCEL 4 COOK PARCEL 3 44111 z SCALE: 1 "=250' CURVE DATA TABLE CURVE DELTA RADIUS TANGENT LENGTH C1 23°55'57" 472.49' 100.14' 197.36' C2 22°03'05" 513.66' 100.08' 197.69' C3 19'52'34" 700.00' 122.65' 242.83' C4 22'17'03" 700.00' 137.87' 272.25' C5 16'43'54" 815.04' 119.86' 238.01' C6 38.42'48" 300.00' 105.39' 202.70' C7 33°32'23" 300.00' 90.40' 175.61' PREPARED BY. 1"21164-- DATE. IVERSITY STREET 6 Jo L abed ELZ81-E0-ZZ07,# OOa DOC #2022-0318273 Page 8 of 9 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 SD-10 Landscaped Finish Grade 34.062685 - 117.162385 Building Owner Monthly 2 SD -10 Landscape Planning 34.062685 - 117.162385 Building Owner Weekly 3 SD-11 Roof Runoff Controls 34.062298 - 117.162590 Building Owner Yearly 4 SD-12 Efficient Irrigation 34.062685 - 117.162385 Building Owner Monthly 5 Litter Control 34.062685 - 117.162385 Building Owner Weekly/ Monthly 6 SD-20 Pervious Pavement 34.061913 - 117.162471 Building Owner Yearly 7 8 9 10 https://uredlands.sharepoint.com/sites/CampusConstructionProjects/Shared Documents/Tennis Center/City of Redlands/Stormwater Maintenance CovenantlStormwater Treatment -Maintenance Agreement_R1.docx EXHIBIT D LANDSCAPE z w 8- DRAINAGE BOUNDARY BMP LOCATION MAP PERVIOUS CONCRETE PER CIVILS SUBAREA DRAINAGE BOUNDARY PROPOSED CONDITIONS w z 0 6 Jo 6 abed EL9L.E0-0Z,# 000