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HomeMy WebLinkAboutContracts & Agreements_153-2023RECORDING 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 08/30/2023 12:04 PM SAN C5032 Assessor -Recorder -County Clerk DOC# 2023-0213285 Titles: 1 Pages: 13 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 Assessor's Parcel Number(s) SECTION 6103 0167-031-02 through 0167-031-07, 0167-031-16 THIS AGREEMENT is made and entered into this3Arliday of AlA" UST , 2023, by and between Meritage Homes of California, Inc., a California Corporation ("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 Bergamot generally at the NW intersection of Texas St and Domestic Ave and filed as Tract No. 20336 (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 Two (2) Detention/Infiltration Basins (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 Q:\R310040.03 - MLC City of Redlands\03 Correspondence\03.3 Sent\City of Redlands\2023-08-15 Stormwater Maintenance Agreement 3rd Submittal \Stormwater Treatment -Maintenance Agreement.docx DOC #2023-0213285 Page 2 of 13 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 Meritage Homes of California, Inc., a California Corporation 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. 0167-031-02 through 0167-031-07, 0167-031-16, 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 Q:\R310040.03 - MLC City of Redlands\03 Correspondence\03.3 Sent\City of Redlands\2023-08-15 Stormwater Maintenance Agreement 3rd Submittal\Stormwater Treatment -Maintenance Agreement.docx DOC #2023-0213285 Page 3 of 13 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 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 OWNER City Engineer Meritage Homes of California, Inc. City of Redlands Attn: Aaron Talarico P.O. Box 3005 5 Peters Canyon Rd, Suite 310 Redlands, CA 92373 Irvine, CA 92606 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: OWNER: ez,e_._pt7 Charles M. Duggan Way ' ager [Aaron Talarico. VP of Forward Planning Meritage Homes of California, Inc. Attest: e Donaldson, City Clerk Q \R310040.03 - MLC City of Redlands\03 Correspondence\03 3 Sent\City of Redlands\2023-08-15 Stormwater Maintenance Agreement 3rd Submittal\Stormwater Treatment -Maintenance Agreement.docx DOC #2023-0213285 Page 4 of 13 CALIFORNIA 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 an i2G1✓ioiraiY0 On 311 Z2V. before me, Date } Jain ▪ Sr,. 14c u5, Nb ziax FiL h c• Here Insert Name and Title of the(Dfficer personally appeared % Ik' !'` • Pu j(ian Tr. 1 anal 14�ivwiG Pl�I'iG,IG{ SOrl <J�J Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose namet isIare subscribed to the within instrument and acknowledged to me that 44e4slae/t12ey executed the same in h+sfher/their authorized capacity(ies), and that by ier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Z JENNIFER MACIAS �a= Notary Public - California San Bernardino County Commission # 2388813 `�� �o•"� My Comm. Expires Dec 31, 2025 Place Notary Seal and/or Stamp 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 &t- ure of Notary Public 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: er of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited eneral ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: O Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer is Representing: ©2019 National Notary Association DOC #2023-0213285 Page 5 of 13 CALIFORNIA 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 On g` ZS 2-02J before me, I 1 m� Lq,j1Y1 ‘AcNr. v"i'�'� V-"--ti L Date Here Insert Name and Title of fife Officer personally appeared )s ty'• -MCI VIZ� Name(s) of Signer(s) County of 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. Place Notary Seal and/or Stamp 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 ha „t:nd official seal. Signature OPTIONAL Sign otary Public 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: O Corporate Officer — Title(s): ❑ Partner O Individu ❑ Trustee ❑ Other: Individual Signer i — ❑Limited 0 -neral ■ Attorney in Fact 0 Individual 0 Guardian or Conservator 0 Trustee 0 Other: epresenting: Signer is Representing: ©2019 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Guardian or Conservator DOC #2023-0213285 Page 6 of 13 HUITT HZ ZOLLARS R310040.03 7-19-2023 EXHIBIT "A" LEGAL DESCRIPTION STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT All of Lots 9 through 14, inclusive, of the map entitled "Subdivision of a Portion of the N. Half of the S.E Quarter - S Half N.E Quarter of Sect 16 TWP 1 S. R. 3 W S.B.M.", in the City of Redlands, County of San Bernardino, State of California, as per plat filed in Book 13, page 42, of Maps, in the office of the County Recorder of said county. Excepting therefrom that portion of Lot 14 described in that certain Grant Deed, recorded June 10, 1981, as Instrument No. 81-126756, of Official Records, in said office of the County Recorder. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. 7.4.17 DAVID W. MACKEY, PLS 8912 HUITT-ZOLLARS, INC. IRVINE OFFICE 2603 Main St., Suite 400, Irvine, CA 92614 P: 949-988-5815 huitt-zollars.com g$ff Orr r r't t DOC #2023-0213285 Page 7 of 13 FOOTHILL FREEWAY GRANT DEED, INST. DAVENPORT T SSLUIBDll dl8110N I I fly I V77 I VO �S fl/2, ME f7/49 �/' SI EC7% lO/ l7 �fl6(�%�/f U a U $a 9 LNa NJ L%L'/ o Ira a 77 / DO C AVENUE 1 1 8 42 HZ H U'TI° 2603 Main Street, Suite 400 Irvine, California 92614 ZOLL&RS 949.988.5815 www.huitt-zollars.com APPROVED 8Y L1 ,4 ,.,/ Zj�, ;4% 7/19/2023 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION EXHIBIT B' STORMWATER TREATMENT DEVICE & CONTROL MEASURE ACCESS & MAINTENANCE AGREEMENT SCALE: 1" = 400' DRAWN BY: DWM REVIEWED BY: DWM JOB NUMBER: R310040.03 SHEET 1 OF 1 Q: I R310040.031 CADD I MAPPI NG I D WG I EX 131004 003JEX01. D WG DOC #2023-0213285 Page 8 of 13 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 TC-11, Infiltration Basin 32.75376 115.46073 HOA Semi-annual 2 TC-11, Infiltration Basin 32.75493 115.46145 HOA Semi-annual 3 N-1 N/A N/A HOA to send pamphlets to Tenants / Homeowners Within two months of occupancy and yearly thereafter 4 N-2 N/A N/A City for Public Right -Of -Way & Landscaping HOA for Tenants / Homeowners Weekly or when observed 5 N-3 N/A N/A HOA/City Weekly or as determined by city staff 6 N-4 N/A N/A HOA/City Weekly or as determined by city Staff 7 N-11 N/A N/A HOA/City Weekly 8 N-12 N/A N/A HOA/City Monthly 9 N-14 N/A N/A City One a month to clean debris and silt in the bottom of drainage facilities. Intensified around October 1st of each year prior to the "first flush" storm 10 N-15 N/A N/A City Annually as needed Q:\R310040.03 - MLC City of Redlands\06 Regulatory\Stormwater Maintenance Agreement\Stormwater Treatment -Maintenance Agreement.docx 1 of 5 DOC #2023-0213285 Page 9 of 13 11 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 12 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 13 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 14 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 15 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 16 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. Q:\R310040.03 - MLC City of Redlands\06 Regulatory\Stormwater Maintenance Agreement\Stormwater Treatment -Maintenance Agreement.docx 2 of 5 DOC #2023-0213285 Page 10 of 13 17 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 18 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 19 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 20 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 21 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 22 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. Q:\R310040.03 - MLC City of Redlands\06 Regulatory\Stormwater Maintenance Agreement\Stormwater Treatment -Maintenance Agreement.docx 3 of 5 DOC #2023-0213285 Page 11 of 13 23 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 24 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 25 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 26 S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as necessary annually. Re - stencil every other year. 27 S-3 N/A N/A HOA/CITY Ongoing 28 S-3 N/A N/A HOA/CITY Ongoing 29 S-3 N/A N/A HOA/CITY Ongoing 30 S-4 N/A N/A City for Public Parks & Trails, HOA for Private (SFR) Landscaping Inspections must be made weekly at a minimum. 31 S-4 N/A N/A City for Public Parks & Trails, HOA for Private (SFR) Landscaping Inspections must be made weekly at a minimum. Q:\R310040.03 - MLC City of Redlands\06 Regulatory\Stormwater Maintenance Agreement\Stormwater Treatment -Maintenance Agreement.docx 4 of 5 DOC #2023-0213285 Page 12 of 13 32 S-4 N/A N/A City for Public Parks & Trails, HOA for Private (SFR) Landscaping Inspections must be made weekly at a minimum. 33 S-4 N/A N/A City for Public Parks & Trails, HOA for Private (SFR) Landscaping Inspections must be made weekly at a minimum. 34 S-5 N/A N/A HOA/City Ongoing 35 S-5 N/A N/A HOA/City Ongoing 36 S-5 N/A N/A HOA/City Ongoing 37 S-5 N/A N/A HOA/City Ongoing 38 S-5 N/A N/A HOA/City Ongoing 39 S-5 N/A N/A HOA/City Ongoing 40 S-5 N/A N/A HOA/City Ongoing 41 S-6 N/A N/A City Ongoing 42 S-6 N/A N/A City Ongoing 43 S-6 N/A N/A HOA Ongoing 44 S-6 N/A N/A HOA Ongoing Q:\R310040.03 - MLC City of Redlands\06 Regulatory\Stormwater Maintenance Agreement\Stormwater Treatment -Maintenance Agreement.docx 5 of 5 DOC #2023-0213285 Page 13 of 13 1=1Z T15 SCALE:1 . 250. LJUA 2803 Mai Strait Bulb 400 k* California 02614 Phone (949) 988-5815 Fu (949) 988-6820 EXHIBIT 'D' ---:BER-GAMOT STREET (PUBLIC 117-111— ! - - i I • CITRUS VALLEY - TRACT NO. 20336 BMP MAP LEGEND - - PROPERTY LINE — DRAINAGE BOUNDARY BMP NUMBER BMP DEVICE