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HomeMy WebLinkAboutContracts & Agreements_44-2025RECORDING 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# 2025-0053122 03/12/2025 Titles:1 Pages:9 03:24 PM SAN Fees $0.00 Taxes $0.00 J5842 CA SB2 Fee $0.00 Total $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0168-161-02 and 0168-161-03 THIS AGREEMENT is made and entered into this 10 day of March , 20 25, by and between The Holy Name of Jesus Catholic Community, 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 1551 West Lugonia Avenue, Redlands CA, 92404 and filed as CUP 1136 (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 catch basin insert filters and an aboveground infiltration basin (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 https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2018/184553 Diocese of San Bernardino Holy Name of Jesus Dearborn/WQMP/6.3 Post Construction/Stormwater Treatment -Maintenance Agreement Template -PH 1.docx 0 O WHEREAS, the Devices being installed on private property and draining only private n property, are private facilities with all maintenance or replacement therefor being the sole 0 responsibility of the Owner; and � 0 0 WHEREAS, the Owner is aware that periodic and continuous maintenance including, but w not necessarily limited to, filter material replacement and sediment removal is required to assure N proper performance of the Devices and that such maintenance activity will require compliance with T all Federal, State and local laws and regulations, including those pertaining to confined space and ca waste disposal methods in effect at the time such maintenance occurs; N 0 NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual 0 promises contained herein, the City of Redlands and The Holy Name of Jesus Catholic Community, 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 Nos. 0168-161-02 and -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. City of Redlands https://jebonadiman.sharepoint.com/sites/DocumentCenter/J0BS/2018/184553 Diocese of San Bernardino Holy Name of Jesus Dearborn/WQMP/6.3 Post Construction/Stormwater Treatment -Maintenance Agreement Template -PH 1.docx 0 O 5. In event any action is commenced to enforce or interpret any of the terms or conditions of n this Agreement the prevailing Party shall, in addition to any costs and other relief, be r0 entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. o w 6. It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute N equitable servitudes that run with the Property and shall be binding upon future owners of all T 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 w to the date of transfer by such owner, which shall remain the personal obligation of such o owner. 7. 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 The Holy Name of Jesus Catholic City of Redlands Community, Inc.,a California Corporation P.O. Box 3005 1201 E Highland Ave. Redlands, CA 92373 San Bernardino CA 92404 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: da-K q_f� Charles M. Duggatff., VY Manager Attest: J_vah'ne Donaldson, City Clerk OWNER: Msgr. Qrard M. Lopez The Holy Name of Jesus Catholic Community, Inc., a California Corporation City of Redlands https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2018/184553 Diocese of San Bernardino Holy Name of Jesus Dearborn/WQMP/6.3 Post Construction/Stormwater Treatment -Maintenance Agreement Template- PH1.docx 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, March 12, 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. 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 Sigh@tur f NotaryPublic JENNIFER MACIAS W' ANotary Public - California Z < u Z y = San Bernardino County f Commission # 2388813 My Comm. Expires Dec 31, 2025 (Seal) Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. CALIFORNIA ALL-PURPOSE 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 SAN BERNARDINO On MARCH 10, 2025, before me, L.E. QUESADA PRECIADO, Notary Public, personally appeared GERARD M. LOPEZ, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. l yF� •. L. E. QUESADA PRECIADO WITNESS my hand and official seal. _ NotaryPublic- California San Bernardino County Commission # 2384499 `' •a `� My Comm. Expires Dec 22, 2025 Signature: (Tr I t, A 4), 0 _n rj a( Q L (This area for Official Notary Seal) OPTIONAL*:r******�**********:r�r***:r********�*** Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: STORM WATER AGREEMENT Document Date: MARCH 10, 2025 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Signer is Representing Number of Pages: SEVEN (7) Signer's Name: Li Individual ❑ Corporate Officer— Title(s): _ ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Signer is Representing: H N Exhibit A Legal Description All that certain real property situated in the County of San Bernardino, State of California, described as follows: PARCEL 1: THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, DATED FEBRUARY 24, 1869. APN 0168-161-02-0-000 PARCEL 2: THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, FEBRUARY 24. APN 0168-161-03-0-000 https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2018/184553 Diocese of San Bernardino Holy Name of Jesus Dearborn/WQMP/6.3 Post Construction/Stormwater Treatment -Maintenance Agreement Template - PH 1.docx NW COR SEC 24 329.28' I N � N N f o\ CI cd �I �f wl �I of O zl I f f f f �L--.330.81 W 114 SEC 24 LEGEND: EXHIBIT "B" LOT LINE ADJUSTMENT NO. 640 N89'16'21 "E 1317.63' 329.28' — 329.66' PARCEL "A' 19.96 ACRES PARCEL LINE 00 TO BE REMOVED io po z� Z3 I N z� Z to \N Ct C, �N U W� �N W N89'17'29"E 1321.60' LUGONIA AVE LOT MERGER BOUNDARY ORIGINAL PARCEL LINE SECTION LINES PARCEL LINE RIGHT OF WAY LINE CENTERLINE EDWARD J. BONADIMAN L.S. 7529 N 114 SEC 24 329.42' I1 d ��I IILuz°OII �IN MI Q Qm C61 z as M o m I� 3:I w rn ' L+l 00 r-�� 0) o o Z\� ` f z \� I I I I 330 37 CEN SEC 24 "killellmologh 250' 0 250' SCALE: 1 "=250' DRAWN BY, JC TEL. (909) 885.3806 LOT LINE SHT. NO. CBECKED BY.- UP El( DATE: 0 - 4 ADIMAN e 1� 92 �. ADJUSTMENT 1 JOB NO.: 184553JOSEPH E. BONADINAN a ASSOCIATES. INC. FAX��i'ii21 LM - 640OF ENGINEERS G.I.S. SURVEYING PLANNING YYWW. D18D.COII1 CITY OF REDLANDS L Exhibit C Stormwater Pollution Control Devices StormwaterPollution Devices BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By Infiltration Basin 34.07350 -117.15000 Property Simi- I TC-11 Owner Annually Catch Basin Insert 34.07329 -117.14904 Property Annually 2 MP-52 Owner Catch Basin Insert 34.07210 -117.14904 Property Annually 3 MP-52 Owner Catch Basin Insert 34.07131 -117.14901 Property Annually 4 MP-52 Owner Catch Basin Insert 34.07085 -117.14902 Property Annually 5 MP-52 Owner Catch Basin Insert 34.07074 -117.14939 Property Annually 6 MP-52 Owner Catch Basin Insert 34.07229 -117.14948 Property Annually 7 MP-52 Owner Catch Basin Insert 34.07226 -117.14979 Property Annually 8 MP-52 Owner Catch Basin Insert 34.07213 -117.15009 Property Annually 9 MP-52 Owner Catch Basin Insert 34.07189 -117.15031 Property Annually 10 MP-52 Owner https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2019/184553 Diocese of San Bernardino Holy Name of Jesus Dearborn/WQMP/6.3 Post Construction/Stormwater Treatment -Maintenance Agreement Template - PH l .docx r -- Hn ,�; � ... i�'�f� ��'� I F f I, i•'L. 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