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HomeMy WebLinkAboutContracts & Agreements_75-2024RECORDING 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 Assessor -Recorder -County Clerk DOC# 2024-0089975 04/18/2024 Titles: 1 Pages: 10 08:02 AM SAN F3010 SPACE ABOVE THIS LINE FOR RECORDER'S USE Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) Abandoned Redlands Avenue between 7th and 9th Street as shown in San Bernardino County Assessor's Parcel Map Book 0169, Page 31 THIS AGREEMENT is made and entered into this L I day of HA] L... , 20g by and between City of Redlands Facilities and Community Services Department ("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 Zanja Trail Phase 2, Abandoned Redlands Avenue between 7th and 9th Street and filed as M19- 0195 (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 Underground Infiltration Chambers (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 City of Redlands Q:\1188-0163 Zanja Trail\WQ\WQMP\maintenance-agreement\1188-0163-Stormwater Treatment - Maintenance Agreement-R2.docx DOC #2024-0089975 Page 2 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 City of Redlands Facilities and Community Services Department 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. Abandoned Redlands Avenue between 7th and 9th Street as shown in San Bernardino County Assessor's Parcel Map Book 0169, Page 31, 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 of Redlands Q:\1188-0163 Zanja Trail\WQ\WQMP\maintenance-agreement\1188-0163-Stormwater Treatment - Maintenance Agreement-R2.docx DOC #2024-0089975 Page 3 of 10 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. 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 Tabitha Crocker City of Redlands Facilities and Community Services Department 35 Cajon Street, Suite 222 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. City of Redlands Q:\1188-0163 Zanja Trail\WQ\WQMP\maintenance-agreement\1188-0163-Stormwater Treatment - Maintenance Agreement-R2.docx DOC #2024-0089975 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: OWNER: e Charles M. Duggan � i gg , C t Manager Tabitha Crocker, Director City of Redlands Facilities and Community Services Department Attest: e Donaldson, City Clerk City of Redlands Q:\1188-0163 Zanja Trail\WQ\WQMP\maintenance-agreement\1188-0163-Stormwater Treatment - Maintenance Agreement-R2.docx DOC #2024-0089975 Page 5 of 10 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 Tuesday, April 16, 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. 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 ure of Notary Public 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 #2024-0089975 Page 6 of 10 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 Count of ttr 1V CV-OWlo } On 1 before me •• e- la.4 Ile4c �n � before fiPl PAAlt1tj+aHere Insert Name and Title of the Officer I A;96 C personally appeared Xpr�c�y Name( of Signer( who proved to me on the basis of satisfactory evidence to be the personf whose name() is/aa subscribed to the within instrument and acknowledged to me that l6/she/th* executed the same in I /her/tIir authorized capacity(i4), and that by lis/her/thtfir signature( on the instrument the person(4, or the entity upon behalf of which the person0 acted, executed the instrument. L. R. MCCASLAND Notary Public - California Riverside County Commission # 2480168 My Comm. Expires Feb 19, 2028 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 OPTIONAL Signature of Notary 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: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DOC #2024-0089975 Page 7 of 10 WQMP EASEMENT EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. BEING A PORTION OF LOTS 29 AND 30 OF BLOCK 77, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE MAP OF THE SURVEY OF SAN BERNARDINO RANCHO FILED IN BOOK 7 OF MAPS, PAGE 2 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 8 OF BLOCK "C" OF BALCOM AND SIBLEY'S ADDITION FILED IN BOOK 6 OF MAPS, PAGE 43, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHWEST CORNER BEING ON THE EAST RIGHT OF WAY LINE OF SEVENTH STREET; THENCE SOUTH 00°19'00" EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 6 OF BLOCK "E" OF SAID BALCOM AND SIBLEY'S ADDITION; THENCE NORTH 89°47'00" EAST LONG THE NORTH LINE OF SAID BLOCK "E", A DISTANCE OF 303.00 FEET THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK "E"; THENCE SOUTH 00°19'00" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE NORTHWEST CORNER OF LOT 6 OF BLOCK "D", FAIRBANKS AND WILSON SUBDIVISION FILED IN BOOK 4 OF MAPS, PAGE 46, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89°47'00" EAST LONG THE NORTH LINE OF SAID BLOCK "D", A DISTANCE OF 266.99 FEET THE NORTHEAST CORNER OF LOT 1, OF SAID BLOCK "E", SAID NORTHEAST CORNER BEING ON THE WEST RIGHT OF WAY LINE OF NINTH STREET; THENCE NORTH 00°19'00" WEST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 70.00 FEET TO THE SOUTHEAST CORNER OF LOT 12 OF BLOCK "C", OF SAID FAIRBANKS AND WILSON; THENCE SOUTH 89°47'00" WEST LONG THE SOUTH LINE OF SAID BLOCK "C", SAID FAIRBANKS AND WILSON SUBDIVISION AND BLOCK "C" OF SAID BALCOM AND SIBLEY'S ADDITION, A DISTANCE OF 569.99 FEET POINT OF BEGINNING. CONTAINING 0.85 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 9/28/2020 RICHARD S. FURLONG P.L.S. 8422 DATE Page 1 of I DOC #2024-0089975 Page 8 of 10 SEVENTH STREET AST RIGHT OF WAY LINE 54' EXHIBIT "B" PLAT MAP PORTION OF BLOCK "C" BALL M AND SIBLEY'S ADDITION TO THE CITY OF REDLANDS IN LOT 29, BLOCK 77 M.B. 6/43 8 7 SOUTH 6 5 LINE 4 7 S89'47'00"W 569.99' PORTION LOT 30 M.B. 7 / 2 PORTION OF BLOCK "C" FAIRBANKS AND WILSON SUBDIVISION M.B. 4/46 8 10 11 SHEET 1 OF 1 12 POINT OF BEGINNING SO'19'00"E 60.00' (REDLANDS AVENUE VACATED) N89'47'00"E 303.00' NORTH 6 5 4 3 PORTION OF BLOCK "E" BALCOM AND SIBLEY'S ADDITION TO THE CITY OF REDLANDS IN LOT 29, BLOCK 77 M.B. 6/43 LINE 2 1- w NO'19'00"W 70.00'- S0'19'00"E 10.O,-NORTH LNE N89'47'00"E 266.99' 6 5 4 3 2 PORTION OF BLOCK "D" FAIRBANKS AND WILSON SUBDIVISION M.B. 4/46 PORTION LOT 30 M.B. 7 / 2 NINTH STREET LEGEND: — INDICATES EASEMENT AREA 1 9/28/2020 RICHARD S. FURLONG, P.L.S. 8422 DATE SCALE: 1 " = 80' CASC Engineering and Consulting DOC #2024-0089975 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 Underground Infiltration Chambers 34.05796 -117.17908 City of Redlands Two times per year 2 3 4 5 6 7 8 9 10 Q:\1188-0163 Zanja Trail\WQ\WQMP\maintenance-agreement\1188-0163-Stormwater Treatment -Maintenance Agreement-R2.docx DOC #2024-0089975 Page 10 of 10 EXHIBIT D - BMP LOCATION MAP '1 7th STREET GRAPHIC SCALE 80 0 40 80 160 1' - 80'