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HomeMy WebLinkAboutContracts & Agreements_97-2023RECORDING REQUESTED BY City of Redlands AND WHEN RECORDED MAIL DOCUMENT TO: NAME STREET ADDRESS CITY, STATE 8 ZIP CODE City Clerk 35 Cajon Street, Ste 4 Redlands, CA 92373 0 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2023-0149008 06/16/2023 Titles: 1 Pages: 10 08:00 AM SAN Fees $0.00 Taxes $0.00 14311 CA SB2 Fee $0.00 Total $0.00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE FOR RECORDER'S USE ONLY AGREEMENT Title of Document THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) DOC #2023-0149008 Page 2 of 10 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0176-053-11 THIS AGREEMENT is made and entered into this day of , 20, by and between RAUL HERNANDEZ AND EDNA ARTEAGA-HERNANDEZ, CO - TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE ARTEAGA- HERNANDEZ TRUST DATED JUNE 18, 2015 ("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 HERNANDEZ RESIDENCE, 705 W SUNSET DRIVE, REDLANDS, CA and filed as GP14- 0076 (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 AN INFILTRATION TRENCH and CATCH BASIN WITH FILTER (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 #2023-0149008 Page 3 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 RAUL HERNANDEZ AND EDNA ARTEAGA-HERNANDEZ, CO -TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE ARTEAGA-HERNANDEZ TRUST DATED JUNE 18, 2015, 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. 0176-053-11, 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. DOC #2023-0149008 Page 4 of 10 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 OWNERs RAUL HERNANDEZ, aka Raul City Engineer & EDNAARTEAGA- HERNANDEZ, rya City of Redlands Ar#a-Horrratndcz P.O. Box 3005 705 W SUNSET BLVD. Redlands, CA 92373 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: OWNERs: RAUL HERNANDEZ AND EDNA ARTEAGA-HERNANDEZ, CO - TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE ARTEAGA-HERNANDEZ Charles M. Duggan Jr., City .4anager TRUST DATED JUNE 18, 2015 Attest Donaldson, City Clerk CO -TRUSTEE: Raul Hernandez, stica CO -TRUSTEE: Edna Arteaga-Hernandez, DOC #2023-0149008 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 $v1 vil'r�i13"v On SAine, WZ2' Date before me, 111't-1 l4AU4tS , W O Z Pot b (i Ci Here Insert Name and TifI4 of the Officer personally appeared x A. V nti✓iy3r • 11n� �? 'tvwt� ! �o►�� 5�� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name-islare subscribed to the within instrument and acknowledged to me that-hefsheity executed the same in his/her/their authorized capacityaea), and that by his/her/their signature) 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 Bernardino County Commission # 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: 41Drimvok/r. ;nkNfn ' 40Kg,Q,,+.1-1— Document Date: Number of Pages: Signer(s) Oth- - .. amed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sign- ' - e: ❑ Corporate Officer — Title(s): Corporate 0 ` - — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited - -neral ❑ Individual ❑ Attora - act ❑ Individual ❑ Attorney in Fa ❑ Trustee . uardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2023-0149008 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 Ora N, 2c 2 before me, Alexandria Gabrielle Loredo, % \ Vodt (insert name and title of the officer) personally appearedE& C c(' Hrx-narjda t"Qaut m�i who proved to me on the basis of satisfactory evidence to be the person(s whose name(s)itie subscribed to the within instrument and acknowledged to me that I4/s44 executed the same in lirs/0 authorized capacity(ies), and that by,txi's/l; r �e signature(s on the instrument the per on 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. Signatur P (Seal) ALEXANORIA GABRIELLE LOREDO Si COMM #2399415 2i Notary Public - California q SAN BERNARDINO COUNTY o My Comm. Exp. April 02, 2026 DOC #2023-0149008 Page 7 of 10 Exhibit A Legal Description Real property in the City of Redlands, County of San Bernardino, State of California, described as follows: LOT 7, BLOCK 19, OF SMITH'S SUBDIVISION NO. 5, IN THE CITY OFF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 35 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DOC #2023-0149008 Page 8 of 10 w z w 1?' R. EXHIBIT 'B' PLAT MAP VACANT APN: 0176-052-15 25' SUNSET DR. R. 32' LOT 7, EL OK 19 Ill\S° BOOK 1 ,, rP°ACR 35 VACANT APN: 0176-111-10 I 1 U z 0 N Wco o >-6 _IN- C-S. u-Z W CI- J Q 0 z G7 SCALE: 1" = 50' SINGLE FAMILY RESIDENCE APN: 0176-111-02 Zi�i)m2 1D•MM•AA OKA DOC #2023-0149008 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP BMP or Pollution Control # Device INFILTRATION TRENCH Latitude Longitude Maintenance Frequency Provided By 34.025502 - 117.166751 OWNERS PRIOR TO STORMS & 48 HOURS AFTER STORMS CATCH BASIN WITH FILTER 7 34.025524 - 117.166643 OWNERS AFTER EVERY STORM AND MONTHLY IN DRY SEASON DOC #2023-0149008 Page 10 of 10 EXHIBIT 'D' BMP LOCATION MAP VACANT APN: 0176-052-15 SUNSET DR. 1 ❑ G CO N 32' (S89° 10' 00"W,'114.92' • 0 o a R/W - . (L=61.98', 1 • R=142.0 L =25°00'29" LOT 7, BLOCK t 9 MAP BOCK 51 gp, RUE 3 MOIhh' LIJEDDIRMON NO. 5 CATCH BASINS & (S5° 57' 15"E,62.23' 4"0 DRAIN PIPE BMP-1 R INFILTRATION TR NCH B P-2 CATC BASIN WJF LTER :•' . II ,139.30') 7-if" VACANT APN: 0176-111-10 (N89° 46' 00"W,20.12' ° W U w 0 N (n ' W N Q o J ti O <Z J _Z vJ O � j SCALE: 1" = 50' SINGLE FAMILY RESIDENCE APN: 0176-111-02 ci)m2 1-7nn•rn Dnn