Loading...
HomeMy WebLinkAboutContracts & Agreements_03-2025RECORDING 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 REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2025-0007196 01/10/2025 Titles:1 Pages:13 01:42 PM SAN Fees $0.00 Taxes $0.00 J9545 CA SB2 Fee $0.00 Total $0.00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0167-061-01 & 0167-061-03 THIS AGREEMENT is made and entered into this day of .� lt�Wklo Y ,2�4 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 Laurel generally at the NE intersection of Pioneer Ave and Interstate 210 Freeway and filed as Tract No. 20528 (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 One (1) Detention/Infiltration Basins and one (1) Modular Wetlands Biofiltration System (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 AR314340-02 - NILC Tract Map No 20528\06 Regulatory\Storm water Maintenance AgreemcntAStormwater Treatment -Maintenance Agreement.doct DOC #2025-0007196 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. 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. 0167-061-01 & 0167-061-03, 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. 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. Q \R314340.02 - MLC Tract Map No 20528\06 Regulatory\Stormwater Maintenance Agreement\Stormwater'I'reatment-Maintenance Agreement.docx DOC #2025-0007196 Page 3 of 13 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 Meritage Homes of California, Inc. City of Redlands Attn: Nick Emsiek 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: (4& /1 � - J Charles M. DuCY ggan Jr., ity Vanager Attest: .1 a e Donaldson, City Clerk OWNE [Nick Emsiek, Division President Meritage Homes of California, Inc. Q \R314340,02 - MLC Tract Map No 20528\06 Regulatory\Stonnwatcr Maintenance Agreement\Stormwater Treatment -Maintenance Agreement.docx DOC #2025-0007196 Page 4 of 13 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 Friday, January 10, 2025 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 ign ture Notary Public *MY JENNIFER MACIASNotary Public • CaliforniaSan Bernardino CountyCommission # 2388813 j row"rMw — — —1 Comm. Expires Dec 31, 2025 (Seal) Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2025-0007196 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 County of Orange J On December 17, 2024 before me, Andrew Salazar, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nick Emsiek Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name4('s-/&e subscribed to the within instrument and acknowledged to me that6e/she/they executed the same in6 Ds ir her/tlie authorized capacity(ies), and that by,is erAfteir signature(s) on the instrument the person(ey or the entity upon behalf of which the perso*l�acted, executed the instrument. ANDREw SALAZAR Nota:ry Public - California Z Orange County a Commission ;l 2365034 My Comm. Expires Jul 10, 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 - ........... __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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other - Signer is Representing: '.3"�::��"m'�5.;�_i.»s'k�::3"t#c,��iz'T<��brt3:F:s��x'�:'_i's��,'�'3�Y•-��i4s��ir�'kti^:;.=.3i: s,.�r._:�'F.�rxu�v;��.Ci�=".�.k'£,s"s�t3'����'�!i'�34>>^1r.S1"s�4*'r�'�3`��';��.:`> 0c,2019 National Notary Association DOC #2025-0007196 Page 6 of 13 HUITT HZ ZOLLARS R314340.02 11-26-2024 EXHIBIT "A" LEGAL DESCRIPTION STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Parcel One: That portion of the Northwest 1/4 of the Southeast 1/4 of Section 16, 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 Government Survey, described as follows: Beginning in the center of said Section, 1313.2 feet North of the quarter Section post in the South line of said Section; thence east 330 feet; thence North 0 degrees 30' West 1320 feet; thence West 330 feet; thence South 0 degrees 30' East, 1320 feet to the point of beginning. Excepting any portion in streets or public highways. Also excepting those portions conveyed to the State of California by deed recorded May 15, 1980, Instrument no. 80-114621, Official Records, described as follows: Parcel No. 1: Beginning at the intersection of the West line of said Northwest 1/4 with the North line of Pioneer Avenue (63 feet wide); thence along said North line North 89 degrees 52' 13" East, 131.10 feet to the beginning of a tangent curve concave Northerly with a radius of 462 feet; thence Westerly along said curve through an angle of 16 degrees 30' 29", a distance of 133.11 feet to said West line; thence along said West line South 0 degrees 39' 45" East 19.04 feet to the point of beginning. Parcel No. 2: Beginning at the intersection of the West line of said Northwest 1/4 with the South line of Domestic Avenue (40 feet wide); thence along said West line South 0 degrees 39' 45" East 195.19 feet; thence North 29 degrees 43' 15" East 16.52 feet; thence North 9 degrees 39' 57" East 177.70 feet; thence North 0 degrees 10' 18" West 5.39 feet to said South line; thence along said South line North 89 degrees 37' 52" West 40.27 feet to the point of beginning. HUITT-ZOLLARS, INC. Pagc 1 of 2 DOC #2025-0007196 Page 7 of 13 HUITT HZ ZOLLARS Parcel Two: The South one-half of the following described property: Portion of Section 16, Township 1 South, Range 3 West, San Bernardino Base and Meridian, in the City of Redlands, County of San Bernardino, State of California, described as follows: Commencing at a point in the center line of said Section 16, distant 1313.2 feet North from the quarter Section post on the South line of said Section; thence East 330 feet for point of beginning; thence North 0° 30' West, 1320 feet; thence East 330 feet; thence South 0° 30' East, 1320 feet; thence West 330 feet to the point of beginning. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, ofrecord. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. DAVID W. MACKEY, PLS 8912 O O a A NO, 8912 rgTE OF CAUEC� HUITT-ZOLLARS, INC. Page 2 of 2 DOC #2025-0007196 Page 8 of 13 CL DOMESTIC AVENUE 1 GPI w V/4 ISG V/4 I } � IW LU I U. J O U. e PARCEL 1 I 2 W. PARCEL 2 I PL L ANO ��� °o W of 0 * rn NO.8912 * — —� — s P � � PIONEER AVENUE] I PgTf OF 0 SKETCH TO ACCOMPANY SCALE: 1" = 200' HUIT 2603 Main Street, Suite 400 A LEGAL DESCRIPTION DRAWN BY: DWM Irvine, California 92614 �0�� 949.988.5815 EXHIBIT'' REVIEWED BY: DWM www.huitt-zollars.com STORMWATER TREATMENT DATE' 11/26/2024 DEVICE & CONTROL MEASURE JOB NUMBER: R314340.02 APPROVED BY DATE 11/26/2024 ACCESS & MAINTENANCE AGREEMENT SHEET 1 OF 1 J:\Mapping\Standards\DWG\MAPPING LEGAL.dwg DOC #2025-0007196 Page 9 of 13 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES Stormwater PollutionControl BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 TC-11, Infiltration Basin 32.75120 115.46169 City Semi-annual MP-40, Modular 32.75106 115.46196 City Before/after Wetlands Biofiltration rainy season. System Removal of trash and sediment 2 annually, replacement of cartridge filter media annually and as needed. N-1 N/A N/A HOA to send Within two pamphlets to months of 3 Tenants / occupancy and Homeowners yearly thereafter N-2 N/A N/A City for Public Right -Of -Way & Weekly or when 4 Landscaping observed HOA for Tenants N-3 N/A N/A HOA/City Weekly or as 5 determined by city staff N-4 N/A N/A HOA/City Weekly or as 6 determined by city Staff N-6 N/A N/A HOA/City Ongoing 7 8 N-11 N/A N/A HOA/City Weekly N-12 N/A N/A HOA/City Monthly 9 Q:\R3 t4340.02 - MLC Tract Map No 20528\06 Regulatory\Stormwater Maintenance Agree ment\Stormwater Treatment -Maintenance Agreement docx Page I of 4 DOC #2025-0007196 Pagel 0 of 13 N-14 N/A NIA City One a month to clean debris and silt in thebottom of drainage facilities. 10 Intensified around October 1" of each year prior to the "first flush" storm N-15 N/A N/A City Annually as 11 needed 12 N-17 N/A N/A HOA/City Ongoing S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as 13 necessary annually. Re - stencil every other year. S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as 14 necessary annually. Re - stencil every other year. S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as 15 necessary annually. Re - stencil every other year. S-1 N/A N/A City Inspect for re - stenciling needs and re -stencil as 16 necessary annually. Re - stencil every other year. Q:\R314340.02 - MLC Tract Map No 20528\06 Regulatory\Stormwater Maintenance Agreement\Stormwater Treatment -Maintenance Agreement.docx Page 2 of 4 DOC #2025-0007196 Page 11 of 13 S-4 N/A N/A City for Public Inspections Parks & Trails, must be made 17 HOA for Private weekly at a (SFR) minimum. Landscaping S-4 N/A N/A City for Public Inspections Parks & Trails, must be made 18 HOA for Private weekly at a (SFR) minimum. Landscaping S-4 N/A N/A City for Public Inspections Parks & Trails, must be made 19 HOA for Private weekly at a (SFR) minimum. Landscaping S-4 N/A N/A City for Public Inspections Parks & Trails, must be made 20 HOA for Private weekly at a (SFR) minimum. Landscaping S-4 N/A N/A City for Public Inspections Parks & Trails, must be made 21 HOA for Private weekly at a (SFR) minimum. Landscaping S-4 N/A N/A City for Public Inspections Parks & Trails, must be made 22 HOA for Private weekly at a (SFR) minimum. Landscaping 23 S-5 N/A N/A HOA/City Ongoing 24 S-5 N/A N/A HOA/City Ongoing 25 S-5 N/A N/A HOA/City Ongoing 26 S-5 N/A N/A HOA/City Ongoing 27 S-5 N/A N/A HOA/City Ongoing 28 S-5 N/A N/A HOA/City Ongoing 29 S-5 N/A N/A HOA/City Ongoing 30 S-6 N/A N/A City Ongoing 31 S-6 N/A N/A City Ongoing 32 S-6 N/A N/A City Ongoing 33 S-6 N/A N/A HOA Ongoing Q:AR314340 02 - MLC Tract Map No 20528\06 Regulatory\Stormwater Maintenance AgreementAStorm later Treatment -Maintenance Aereement.docx Page 3 of'4 DOC #2025-0007196 Page 12 of 13 34 S-6 N/A N/A HOA Ongoing 35 S-6 N/A N/A HOA Ongoing QAR314340.02 - MLC Tract Map No 20528\06 Regulatory\Stormwater Maintenance AgreemenAStormwater Treatment -Maintenance Agrcement.docs Page 4 of 4 DOC #2025-0007196 Page 13 of 13 EXHIBIT 'D' 1 TC-1 LAT: N32.7510 LON: W 115.4619 o Y i S- Q 18 w S-4 w w u- O 0 f� 32 S- 100' 200' SCALE 1- - 200 HUM FZ ZOLLARS Hdtt-Zollara, hw. kvkw 2608 Nate Str"t, Suits 400 ►vki% Caitow4 02SU-4250w� Phone 1949) 988-5878 vw.Mitt-zcllamcom LAT: N32.75120 5 LON:W115.46169 ��--- -DOMESTIC AVENUE (PUBLIC) I� 17 � S-4 13 PIONEER AVENUE (PUBLIC) - LAUREL - TRACT NO. 20528 BMP MAP I � 2 - LEGEND PROPERTY LINE DRAINAGE BOUNDARY BMP NUMBER X—X -�-- BMP DEVICE