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HomeMy WebLinkAboutContracts & Agreements_234-2024RECORDING 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 FEES NOT REQUIRE Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2024-0300327 12/18/2024 Titles:I Pages:10 09:09 AM SAN Fees $0.00 Taxes $0.00 T1585 CA SB2 Fee $0.00 Total $0.00 (THIS SPACE IS FOR RECORDER'S USE ONLY) SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0167-041-01 THIS AGREEMENT is made and entered into this {2 T H day of J)ECeNB0 - , , 2024, by and between Tri Pointe Homes IE-SD, 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 Trolley Heights in the City of Redlands, in the County of San Bernardino, California and filed as Tract 20520, CUP 1167) (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 BMP No. 1 - Water Quality Infiltration Basin "A" (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 1:\99490\DRAIN AG E\WQM P\F INA L\Repo rt\99490 TR20520 BMP Maintenance Agreement.docx DOC #2024-0300327 Page 2 of 10 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 Tri Pointe Homes IE-Sd, INC., a California corporation agree as follows: AGREEMENT 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 No. 0167-041-01, 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•\99490\DRAINAGE\WQMP\FINAL\Report\99490 TR20520 BMP Maintenance Atreement.docx DOC #2024-0300327 Page 3 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. Time is of the essence in the performance of this Agreement. 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 Brian Ortwein City of Redlands Tri Pointe Homes P.O. Box 3005 1250 Corona Pointe Court, Suite 600 Redlands, CA 92373 Corona, CA, 92879 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 Jr., ity Nfanager Attest: anne Donaldson, City Clerk OWNER: e President of Project Management Pointe Homes IE-SD, INC., a California corporation I:\99490\DRAINAGE\WQMP\FINAL\Report\99490 TR20520 BMP Maintenance Agreement.docx DOC #2024-0300327 Page 4 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 Riverside On 12/4/2024 before me, Edelmira Gonzales / Notary Public (insert name and title of the officer) personally appeared Brian Ortwein 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. EDELMIRAGONZALES NOTARY PUBLIC - CALIFORNIA COMMISSION # 2466323 RIVERSIDE COUNTY nn My Comm. Exp. October 12, 2027 If Signature ��t�(YU/��n 0-7ZMjry� (Seal) DOC #2024-0300327 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 Thursday, December 12, 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 ignatur f Notary Public 4y`:o`•T1f JENNIF ER MACIAS Notary Public • California San Bernardino County Commission N 2388813 °�•"� My Comm. Expires Dec 31, 2025 01-z5 (Seal) Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2024-0300327 Page 6 of 10 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Redlands, County of San Bernardino, State of California, described as follows: ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED FEBRUARY 19, 1869, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 15, 452.5 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 660 FEET ALONG THE WEST LINE OF SAID SECTION 15; THENCE EAST 670.5 FEET, MORE OR LESS, PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 15 TO THE WEST BOUNDARY LINE OF THE PROPERTY DESCRIBED IN DEED TO FREDERICK ARTH RECORDED FEBRUARY 26, 1908 IN BOOK 409 OF DEEDS, PAGE 352, RECORDS OF SAID COUNTY; THENCE SOUTH 660 FEET, PARALLEL WITH THE WEST LINE OF SAID SECTION 15; THENCE WEST 670.6 FEET, MORE OR LESS TO THE WEST LINE OF SAID SECTION 15, PARALLEL WITH AND 452.5 FEET DISTANT FROM THE SAID SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 15 TO THE POINT OF BEGINNING. ALSO BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 15, 1112.5 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 THEREOF; THENCE EAST 670.6 FEET, MORE OR LESS, PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 15 TO THE WESTBOUNDARY LINE OF THE PROPERTY DESCRIBED IN DEED TO FREDERICK ARTH RECORDED FEBRUARY 26, 1908 IN BOOK 409 OF DEEDS, PAGE 352, RECORDS OF SAID COUNTY; THENCE NORTH 245.3 FEET, PARALLEL WITH THE WEST LINE OF SAID SECTION 15; THENCE NORTH 42 DEG. 36' WEST TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 15; THENCE WEST TO THE WEST LINE OF SAID SECTION 15; THENCE SOUTH 857.5 FEET, MORE OR LESS, ALONG THE WEST LINE OF SAID SECTION 15 TO THE POINT OFBEGINNING. EXCEPTING THE FOLLOWING DESCRIBED PORTION: BEGINNING AT A POINT IN THE WEST BOUNDARY LINE OF THE PROPERTY DESCRIBED IN DEED TO FREDERICK ARTH RECORDED FEBRUARY 26, 1908 IN BOOK 409 OF DEEDS, PAGE 352, RECORDS OF SAID COUNTY, 469 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 15; THENCE NORTH 89 DEG. 25' WEST, 294.5 FEET; THENCE NORTH 0 DEG. 20' EAST, 470 FEET; THENCE SOUTH 89 DEG. 25' EAST, 84.3 FEET; THENCE SOUTH 1 DEG. 35' WEST, 27 FEET; THENCE SOUTH 89 DEG. 25' EAST, 208.1 FEET; THENCE SOUTH 443 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THE FOLLOWING DESCRIBED PORTION: BEGINNING AT A POINT IN THE WEST BOUNDARY LINE OF THE PROPERTY DESCRIBED IN DEED TO FREDERICK ARTH RECORDED FEBRUARY 26, 1908 IN BOOK 409 OF DEEDS, PAGE 352, RECORDS OF SAID COUNTY, 912 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 15; THENCE NORTH 446.8 FEET; THENCE NORTH 42 DEG. 36' WEST, 280.86 FEET; THENCE SOUTH 1 DEG. 35' WEST, 650.64 FEET; THENCE SOUTH 89 DEG. 25' EAST, 208.1 FEET TO THE POINT OF BEGINNING. Page 1 of 2 DOC #2024-0300327 Page 7 of 10 EXHIBIT "A" LEGAL DESCRIPTION (CONTINUED) TOGETHER WITH THAT PORTION OF THE PUBLIC ROAD AS VACATED BY RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DATED OCTOBER 03, 2023, ADJOINING SAID PROPERTY ON THE TEXAS STREET, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY, A CERTIFIED COPY OF SAID RESOLUTION RECORDED OCTOBER 04, 2023 AS INSTRUMENT NO. 2023-0245554 OF OFFICIAL RECORDS DESCRIBED AS: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE BEING PARALLEL WITH AND 32.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID NORTHWEST QUARTER AND THE NORTHERLY LINE OF THE LAND DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JANUARY 6, 2016, AS INSTRUMENT NO. 2016- 0004616, OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AS HAVING A BEARING AND DISTANCE OF "N89"57'14"W 683.39' " ON TRACT MAP NO, 18988, IN SAID CITY OF REDLANDS, AS SHOWN ON THE MAP FILED IN BOOK 346, PAGES 19 THROUGH 28, INCLUSIVE, OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID PARALLEL LINE NORTH 00016'41" WEST 862.77 FEET AND NORTH 00017'59" WEST 96.73 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 35.00 FEET; THENCE LEAVING SAID PARALLEL LINE NORTHERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13044'54" TO A LINE BEING PARALLEL WITH AND 33.00 FEET EASTERLY OF SAID WESTERLY LINE; THENCE NON -TANGENT ALONG SAID PARALLEL LINE SOUTH 0001T59" EAST 105.05 FEET AND SOUTH 00016'41" EAST 862.78 FEET TO SAID NORTHERLY LINE; THENCE LEAVING SAID PARALLEL LINE ALONG SAID NORTHERLY LINE SOUTH 89057'14" WEST 1.00 FEET TO THE POINT OF BEGINNING. Page 2 of 2 DOC #2024-0300327 Page 8 of 10 I N 89'40'00' E 156.44' (N 875254' E) P156.47: R1) 6.47R3 � I \ I \I _ I I� o Io tn Ib 3 ICD (z I b I C) I z v I POMELO AVENUE I I N I � w Na: uI LL_ � I � I X 00 I ui c,4 Ico v I IM Lq I cb � �}y04 00 Iz e I � t0 I b I CD I Z v I I I I ' !P-1 Xws P®RVION OF NW I/4 SECTION IvlR.W., � 1p EXHIBIT B PLAT MAP Z V V SCALE: 1 "=180' 0 90 180 360 GRAPHIC SCALE COURSE DATA # BEARING DISTANCE L1 N 89'35'43" W (N 89'25'00" W 84.43' 84.41' R1) L2 N 00'11'57" W (N 00'00'00' W 16.51' 16.51' R2) (R1)-INDICATES REC. Sc MEAS. PER TRACT NO. 18988, M.B. 346/19-28 (R2)-INDICATES REC. & MEAS. PER TRACT NO. 20336, M.B. 366/74-87 (R3)-INDICATES REC. & MEAS. PER RS 15-177, R.S.B. 157/54-55 PRaEcr uMms macr NO. 20520 BOUNDARY PREPARED BY: _ cr- � O 5 PETcR3 CANYON ROAD SUITE X5 ¢ C IR%NIE, CA 92600 NPLANNWERSINCIIEERS, 1949J 251-8821 w W'.NR161DSCCAISULTINGNE7 P7W N n SURVEYORS - - - - - - - - - - bN _ O (N 89'25'0(:" W 294.50'R1) -------"�II N 8937' 11' W 1 ' , 294.48' --------- 1 L2 N 8750'33' E 683.44' � (N 89'57'14 E 683.39' R1) - DOC #2024-0300327 Page 9 of 10 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # Stormwater PollutionControl BMP or Pollution Control Latitude Device Longitude Maintenance Provided By Frequency 1 BMP No. 1 Water Quality Infiltration Basin "A" 34.087437' -117.190513' City of Redlands Annually and/or after heavy rain event 2 3 4 5 6 7 8 9 10 DOC #2024-0300327 Page 10 of 10 EXHIBIT "D" w vo z r ° BMP MAP N C-4 co o cr a w rN=wZLJ a Z a w ZL w m w a � LU w U a w �y � LU z rn z� z a ) 'NW wWg LU z <¢ ¢§ Z Z O w O 0 LU) Z ww w w¢ � 2 ~ O= Oui �� zz z zZ ¢ to U Q w Nr OH W ¢ p 'i Z QLU 00 00mv v~ o rn 5 a QuCy Q' Ja n Q w 6 c°a d J �' ❑ m LU z LU n z w m n a Iy m I z ¢ m Jmaza0 c7 a o a Z O rn o e ~ b J o z° �g rz z uwi Uw c¢7 Uzi0 Ic z < a p ¢Q Z �OCIo m m m¢¢ O U a 0 N W O y w w w ,qi ry N 2 Z LOTGcr ��cai�`~' m333 LEI ��¢ i z z z 15 R ��©❑°� ❑V FEEz <zz °w�> ' I z o 0 0 o a a n a¢ a a z z w am, z � z O ¢ I � i 33 p o 32 t i W POMELO 28 29 30 31 n AVENUE LOT i o $� Z g a TO z rc �;lll . ... . ........ f•. ¢ o o0 Z m t Wo I I z t 21 m 19 � IA18 Ln 17 � '� -i $ R 9 20 Q 0000 00 w U ". '' p 15 o a W Q I � LANE R a >C I Z uw a a a r „ o .;i a 12 13 14 15 z 7° O .. ._.... a I l z I a I ¢ 0�0, lip• N �' eta tD � TR m LL y I i P93 .... N O i y� a�i n o� n m I *� D �... 19 pr W L) eg � I I o 0 3 0 I i I