Loading...
HomeMy WebLinkAboutContracts & Agreements_30-2024FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 RECORDING 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 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2024-0034266 02/14/2024 Titles: 1 Pages: 9 12:21 PM SAN C5032 Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 (THIS SPACE IS FOR RECORDER'S USE ONLY) STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0176-173-12 THIS AGREEMENT is made and entered into this day of �Pi�tTc,�r , 2024, by •and between Bryan P. McKernan and Celina Lujan McKernan, Trustees of the Mckernan Trust Dated November 29, 2017, their successors and/or assigns ("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 McKernan's Residence located at 130 Sierra Vista Drive, Redlands, California and filed as Water Quality Management Plan M23-0096 (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 Gravel 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 https://d.docs.live.net/2I275aacbc2I I c2b/Data/RGA Files/RGA-JOB S/2023/JN23369/Documents/Stormwater Treatment -Maintenance Agreement Template-2023.docx DOC #2024-0034266 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 Bryan P. McKernan and Celina Lujan McKernan, Trustees of the McKernan Trust Dated November 29, 2017, their successors and/or assigns 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. 0176-173-12, 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 https://d.docs.live.net2I275aacbc2I 1c2biData/RGA Files.RGA-JOBS/2023/JN23869/Documents/Stormwater Treatment -Maintenance Agreement Template-2023.docx DOC #2024-0034266 Page 3 of 9 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 Bryan and Celina McKernan City of Redlands McKernan Trust 11/29/17 P.O. Box 3005 130 Sierra Vista Drive 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: OWNER: Charles M. Duggan '., C Manager Bryan P. McKernan Attest: McKernan Trust 11/29/17 a Lujan McKernan Jeir Donaldson, City Clerk cKernan Trust 11/29/17 https://d.docs.live.net21275aacbc21 1c2b;'Data/RGA Files/RGA-JOBS/2023/JN23869iDocuments/Stormwater Treatment -Maintenance Agreement Template-2023.docx DOC #2024-0034266 Page 4 of 9 CALIFORNIA ACKNOWLEDGEMENT 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 San Bernardino On Wednesday, February 14, 2024 before me, Jennifer Macias, Notary Public, personally appeared Charles M. Duggan, Jr. and Jeanne Donaldson, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. JENNIFER MACIAS Notary Public - California San Bernardino County Commission # 2388813 My Comm. Expires Dec 31. 2025 (Seal) Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2024-0034266 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 February 8, 2024 before me, Stephanie Marie Acosta, Notary Public (insert name and title of the officer) personally appeared Bryan P. McKernan and Celina Lujan McKernan who proved to me on the basis of satisfactory evidence to be the persn(s) whose name(s)Are subscribed to the within instrument and acknowledged to me that e/they executed the same in weir authorized capacity(ies), and that by b34erltheir 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 ,tc �if_ (ct:0--- (Seal) STEPHANIE MARIE ACOSTA� COMM. #2356801 r Public - California 69� ,.,...'.�,�. "� Notary � N) ► SAN BERNARDINO COUNTY N . . My Comm. Exp• MaY 9, 2025 DOC #2024-0034266 Page 6 of 9 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: LOTS 10 AND 11 OF TRACT NO. 2261, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 32 OF MAPS, PAGES 40 AND 41, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFER OF DEDICATION, RIGHTS, AND RIGHTS OF WAY OF RECORD, INCLUDING: AN EASEMENT FOR ROAD AND UTILITIES PURPOSES OVER, UPON AND ACROSS A STRIP OF LAND 20.00 FEET IN WIDTH ALL IN LOT 12 OF SAID TRACT NO. 2261, AND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 12 WHICH IS SOUTH 84°39" WEST, 92.96 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE ACROSS A PORTION OF SAID LOT 12 SOUTH 49°06' EAST, 227.00 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY LINE OF SAID LOT 12. CONTAINS 59,337 SQUARE FEET, MORE OR LESS. https://d.docs.live.net/21275aacbc211c2b/Data/RGA Files/RGA-JOBS/2023/JN23869/Documents/Stormwater Treatment -Maintenance Agreement Template-2023.docx DOC #2024-0034266 Page 7 of 9 4,41V*P LOTS 10 & 11 TRACT NO. 2261 BOOK 32, PAGES 40 & 41 li EXHIBIT "B" PLAT MAP LOT 12 TRACT NO. 2261 SCALE: 1 "=40' DRIVE N 0 0 z 0 0 0 4slo iro DOC #2024-0034266 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 FRENCH DRAIN 34°O1'11.84" 117°08'56.68" OWNER ANNUALY 2 BOTTOMLESS CATCH BASIN 34°01' 11.82" 117°08'56.12" OWNER ANNUALY 3 BOTTOMLESS CATCH BASIN 34°01' 12.05" 117°08'56.29" OWNER ANNUALY 4 GRAVEL BASIN 34°O1'14.14" 117°08'57.24" OWNER ANNUALY 5 FRENCH DRAIN 34°01'13.78" 117°08'58.26" OWNER ANNUALY 6 7 8 9 10 https://d.docs.live.net/21275aacbc211c2b/Data/RGA Files/RGA-JOBS/2023/JN23869/Documents/Stormwater Treatment -Maintenance Agreement Template-2023.docx DOC #2024-0034266 Page 9 of 9 EXHIBIT "D" BMP MAP Qi/ , co, / 7 rpYi 1 1 BMP *5 SEPTIC PITS hid 1 r SEPTIC TANK 3 N-x:zaaazx. asasa�� ,N ����aaasax BMP N p u BMP *4 SCALE: 1 "=40' BMP #3 \ t`h \ - BMP #2 \� � 0 \IIS b 4e --:\N5\ \ ,` s° �' \ N -b >'\ N N \\N N