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HomeMy WebLinkAboutContracts & Agreements_77-2024RECORDING 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 04/30/2024 08:00 AM SAN 14311 Assessor -Recorder -County Clerk DOC# 2024-0099329 Titles: 1 Pages: 9 Fees Taxes CA SB2 Fee Total T I PACE FOR RE •RDE $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 0292-158-10 Kfil THIS AGREEMENT is made and entered into this D-<3 day of /'C , 2024, by and between SAROJA SINNIAH-RAO, a married woman as her sole and separate property ("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 CALIFORNIA SLEEP CENTER — NW CORNER OF ALABAMA ST, & CITRUS AVE. and filed as CRA NO. 952 (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 INFILTRATION BASIN, RIP -RAP SPILLWAY, DRIVEWAY SWEEPING AND LANDSCAPE/IRRIGATION MANAGEMENT (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 L:\RAO REDLANDS ALABAMA STREET\SURVEY\WQMP\SECTION 6.3.A1 MAINTENANCE AGREEMENT.docx DOC #2024-0099329 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 SAROJA SINNIAH-RAO, a married woman as her sole and separate property 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. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0292-158-10 4. , 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. L:\RAO REDLANDS ALABAMA STREET\SURVEY\WQMP\SECTION 6.3.A1 MAINTENANCE AGREEMENT.docx DOC #2024-0099329 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 Saroja Sinniah-Rao 808 Lexington Lane Redlands, CA 92374 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: Charles M. Duggan r., City anager Attest: nne Donaldson, City Clerk SAROJA SINNIAH-RAO e A- f -1,0 J Title: Owner L:\RAO REDLANDS ALABAMA STREET\SURVEY\WQMP\SECTION 6.3.A1 MAINTENANCE AGREEMENT.docx DOC #2024-0099329 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 Monday, April 29, 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. Signature f Notary Public JENNIFER MACIAS . = Notary Public • California -ice ' San Bernardino County • stir Commission # 2388813 My Comm, Expires Dec 31, 2025 (Seal) Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2024-0099329 Page 5 of 9 ALL CAPACITY 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 61ktti COUNTY OFW "&taajUAD On I9Q4' before me, a-,sba AN ri"1.1 A `9001c) , (Name and title of the offic ) personally appeared (la a, St On4" '' Name of person signing) 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. 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 of officer Rev. 01 /01 /2015 TASMA SPEERNotary Public - California San Bernardino ountY My Comm Commission Jun0763 19,1027 (Seal) DOC #2024-0099329 Page 6 of 9 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 1/2 OF THE EAST 1/2 OF BLOCK 13, BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER THE PLAT RECORDER IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY. LYING SOUTHERLY OF THE SOUTH LINE OF THAT PARCEL CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED ON SEPTEMBER 22,1965 IN BOOK 6477, PAGE 146, OFFICIAL RECORDS OF SAID COUNTY. APN 0292-158-10 L:1RAO REDLANDS ALABAMA STREET ISURVEY \WQMPISECTION 6.3.A1 MAINTENANCE AGREEMENT.docx DOC #2024-0099329 Page 7 of 9 SCALE: 1 "=80' EXHIBIT B MAP S.B.C.F.C.D. PROPERTY PER DEED RECORDED SEPTEMBER. 22, 1965, BK. 6477, PG. 146, O.R. (N 88'59'28" E 243.87') rN 0'58'05" W 31.99' _.(L Qp5.00) 13'�'24) -F -OOD _ SS O' ,_33169' R=1450.00' 0_13.06'24" A.P.N. 0292-158-10 N 1'00'32" W 89.08' PORTION OF THE S. 1/2 OF THE E. 1/2 OF BLOCK 13, OF THE ARTON RANCH C-0NiROL--CHANNEL N 88'59'28" E 223.87' N 89'50'35" E 597.60' CITRUS AVENUE (N 89'50'35" E 657.63') to LEGEND: ( ) - INDICATES RECORD DATA PER P.M. 9652, P.M.B. 107/50 CALC - INDICATES CALCULATED DISTANCE FROM RECORD DATA O.R. - INDICATES OFFICIAL RECORD DOC #2024-0099329 Page 8 of 9 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # Stormwater Pollution Control Longitude Devices Maintenance Provided By Frequency BMP or Pollution Control Device Latitude 1 DA1 — Infiltration Basin 34.05575 -117.21069 Property Owner Before Wet Season (October 1) and After Each Rain Event 2 Rip -Rap Spillway PER EXH D PER EXH D POwnerroperty Monthly 3 Driveway Sweeping PER EXH D PER EXH D Property Owner Monthly 5 Landscape/Irrigation Management PER EXH D PER EXH D Property Owner Every Two Weeks L:1RAO REDLANDS ALABAMA STREETISURVEY\WQMPISECTION 6.3.A1 MAINTENANCE AGREEMENT.docx DOC #2024-0099329 Page 9 of 9 SCALE: 1 `=80' 0 0 I I EXHIBIT D BMP MAP - zp 3A-__ FLOOD-- CONTROL-CRANNEb-,0 0 miTEDIEL A.P.N. 0292-158-10 1 0 CITRUS AVENUE WQMP NOTES INFILTRATION BASIN Q RIP -RAP SPILLWAY Q DRIVEWAY/PARKING LOT SWEEPING Q LANDSCAPE/IRRIGATION MAINTENANCE 0