Loading...
HomeMy WebLinkAboutContracts & Agreements_95-20266118/26, 12:04 PM Batch 21338724 Confirmation RECORDING 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 Electronically Recorded in Official Records 0 San Bernardino County Assessor -Recorder -County Clerk DOC# 2026-0156638 06/18/2026 Titles:l Pages:9 11:63 AM SAN Fees $0.00 Taxes $0.00 K8167 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) 0292-t68-23 THIS AGREEMENT is made and entered into this 6 day ofj 3 (tOe' 2026 by and between Southeastern California Conference of Seventh -day Adventists ("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 Mission Road Church, 27240 Alabama St, Redlands, CA 92373 and filed as CUP 606 (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 WQMP Infiltration Basin and Bioretention Basin Facilities (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 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 D \Stannnater Treatment -Maintenance Agreement Template 6.23 docx https://gs.secure-erds.com/Batch/Confirmation/21338724 112 6118126, 12:04 PM Batch 21338724 Confirmation DOC #2026-0156638 Page 2 of 9 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 Southeastern California Conference of Seventh - day Adventists 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 fill. 4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0292-168-23, 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. 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 D:\Slornnvuler'rrealment-Mninknmice Agreement Template 6-23.doex https://gs.secure-erds.com/Batch/Confirmation/21338724 2/2 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 tenninate 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 Southeastern California Conference of City of Redlands Seventh -day Adventists P.O. Box 3005 11330 Pierce Street Redlands, CA 92373 Riverside, CA 92505 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: e�� Charles M. DuggadY, Ci anager Attest: Jji�A ie Donaldson, City Clerk OWNER: Southeastern California Conference of Seventh -day Adven ists Verlon W. Strauss Conference Treasurer C:IUserslRosie.Hing'\AppDatalLocsdlMierosufllWindowslINetCache\Content.Outlookl4PF'H5HS61Slonnwater Treatment -Maintenance Agreement Template 6-23.doex CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •. 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 ) Countyof��yixiiC4, ) On ��'. grJ U, ZO?do before me, MO ,_ Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) 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. JOEL BOI5TA Notary Public - California Riverside County s $ Commission M 24E5179 Camm, Expires Mar 22, 2021 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 Signatur of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: �'1" tlY� �lAA'��Yr ar�'Wt[.►^�' 10 IcG Q+^ia�yo Document Date: MOLV 2 2k Number of Pages: Signer(s) Other Than Na ed Above: 4"W,''A 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General U Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CLEAR 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 06/16/2026 before me, Whitney A. Mesna, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Charles M. Duggan Jr. and Jeanne Donaldson Name(s) of Signer(s) 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 thatby his/her/theirsignature(s) onthe instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. ram. oa,..,��k,__My WHITNEY A. MESNA Notary Public • California San Bernardino County Commission N 2516836 Comm. Expires Apr 10, 2029 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin paragraph is true and correct. WITNESS my hand and fficial seal. J Signature Signature of Notary Public -------------------------------------------------------------------- OPTIONAL---------------------------------------------------- Though this section is optional, 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 Agreement Document Date 06/16/2026 Number of Pages Capacity(ies) Claimed by Signer(s) Signer's Name Corporate officer—Title(s) Partner Limited Signer(s) OtherThan Named Above Signer's Name General Individual Attorney in Fact Trustee Guardian or Conservator other Signer Is Representing Corporate officer—Title(s) Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator other Signer Is Representing ©2014NationalNotaryAssociation • www,NatlonalNotary.org 91-800-USNOTARY(1-800-876-6827) Item#S907 STORPAWATER TREATMENT DE10CE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT EXHIBIT "A'" LEGAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF THE SOUTHEAST 1/4 OF BLOCK 15, BARTON RANCH, LYING SOUTH OF MILL CREEK ZANJA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING ATTHE POINT OF INTERSECTION OF THE CENTER LINE OF ALABAMA STREET WITH THE NORTH LINE OF BARTON ROAD, AS SHOWN ON SAID PLAT; THENCE WESTALONG THE NORTHERLY LINE OF BARTON ROAD, 164 FEET; THENCE NORTH PARALLEL WITH THE CENTER LINE OF ALABAMA STREET TO MILL CREEK ZANJA; THENCE EASTERLY ALONG SAID ZANJA TO ITS INTERSECTION WITH THE CENTER LINE OF ALABAMA STREET; THENCE SOUTH ALONG THE CENTER LINE OF SAID ALABAMA STREET TO THE POINT OF BEGINNING. PARCEL 1A: AN EASEMENT FOR A DOMESTIC WATER LINE OVER AND ACROSS THE SOUTHERLY 5 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND; ALL THAT PORTION OF THE SOUTHEAST 1/4 OF BLOCK 15; BARTON RANCH, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 280 FEET NORTH OF THE INTERSECTION OF THE NORTH LINE OF BARTON ROAD AND THE POINT OF INTERSECTION WITH THE CENTER LINE OF ALABAMA STREET; THENCE WEST 164 FEET; THENCE NORTH PARALLEL WITH THE CENTER LINE OF ALABAMA STREET TO MILL CREEK ZANJA; THENCE EASTERLY ALONG SAID ZANJA TO ITS INTERSECTION WITH THE CENTER LINE OF ALABAMA STREET; THENCE SOUTH ALONG THE CENTER LINE OF ALABAMA STREET TO POINT OF BEGINNING. PARCEL 2: THAT PORTION OF BLOCK 15 OF THE BARTON RANCH, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ALABAMA STREET WITH THE NORTH LINE OF BARTON ROAD AS SHOWN ON SAID PLAT; THENCE NORTH ALONG THE CENTER LINE OF ALABAMA STREET 280 FEET TO A POINT; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF BARTON ROAD 164 FEET; THENCE SOUTH 280 FEET TO A POINT ON THE NORTH LINE OF BARTON ROAD; THENCE EAST ALONG THE NORTH LINE OF BARTON ROAD 164 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 60 FEETTHEREOF. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY DEED RECORDED OCTOBER 3, 1957 IN BOOK 4338, PAGE 129 OF OFFICIAL RECORDS. PARCEL 3: THE NORTHERLY 60 FEET OF THAT PORTION OF BLOCK 15 OF THE BARTON RANCH, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING ATTHE POINT OF INTERSECTION OF THE CENTERLINE OF ALABAMA STREET WITH THE NORTH LINE OF BARTON ROAD AS SHOWN ON SAID PLAT; THENCE NORTH ALONG THE CENTERLINE OF ALABAMA STREET, 280 FEET TO A POINT; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF BARTON ROAD, 164 FEET; THENCE SOUTH 280 FEET TO A POINT ON THE NORTH LINE OF BARTON ROAD; THENCE EAST ALONG THE NORTH LINE OF BARTON ROAD 164 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION IN ALABAMA STREET. STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEI4IENT (jl\l) SCALE: 1 "=100' r` 03 Ln 0 0 IA N 80'01'24" W 332. 66' EXHIBIT "B" BOUNDARY MAP N 70'36'34" W­" 78.23' N 89'36'01" W 41.93' N 86'55'42" W 52.42' 3. o 0' N CD 89'53' 13" E 104.00' - POR. BLOCK 15 BARTON RANCH 00 A.P.N. 0292-168-23 N O 0 N 0 z N 52°06'42" E-11 21.51' N 89°53'13" E 464.71' l - -CAA FAY- YT__ �-N 89'53'13„ E 14.28' — f _ L=92.55' R=54.00' A=98'11'38" L=23.72' /R=33.00' -A--41'11'19" D:1Stonnwater Treatment -Maintenance Agreement Template 6-23.docx STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Frequency Provided By 1 2 Infiltration Basin A Bioretention Basin B 34.04961 34.04950 117.21066 117,20956 owner monthly owner monthly 3 4 5 6 7 8 9 10 WStormwater Treatment -Maintenance Agreement Template 6-23.docx EXHIBIT "D" I\I SCALE: 1 "=100' r BMP#1- INFILTRATION BASINA BMP MAP � I I BMP#2 - = BIORETENTION - BASIN B - n�- POR. BLOCK 15 BARTON RANCH L A.P.Ni. 0292-168-23 u --CALVARY-CIRCLE i I