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HomeMy WebLinkAboutContracts & Agreements_225-202512/10/25, 9:24 AM Docu ment-32178100-Page-1 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 Electronically Recorded In Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2025-0302138 12110/2025 Titles:1 Pages:9 08:52 AM SAN Fees $0.00 Taxes $0.00 J9534 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) 0176-062-29-0-000 THIS AGREEMENT is made and entered into this 19 day of November 2025, by and between Theron L. Vines, Jr. and Geneil Vines, husband and wife as Joint Tenants ("Owners"), and the City of Redlands, a municipal corporation ("City"). The Owners and the City are sometimes each individually referred to herein as a "Party" and, collectively, as the "Parties." RECITALS WHEREAS, the Owners 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 New Single -Family Residence at 1694 Dwight St, Redlands, CA 92373 and filed as B24-02401 (the "Project"), the City required the Project to employ on -site control measures to minimize pollutants in urban stormwater runoff; and WHEREAS, the Owners has chosen to install infiltration trench and gravel filter strip (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 about:blank 111 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 Owners are 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 Theron L. Vines, Jr. and Geneil Vines, husband and wife as Joint Tenants agree as follows: AGREEMENT 1. The Owners 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 Owners 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 Owners 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 Owners 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 Owners, 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. 0176-062-29-0- 000, and shall be recorded in the Official Records of the County of San Bernardino at the expense of the Owners 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 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 Theron L. Vines, Jr. and Geneil Vines City of Redlands 303 Brookside Avenue P.O. Box 3005 Redlands, CA 92373 Redlands, CA 92373 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 Owners. IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: OWNERS: Charles M. Duggan J ., tityManager Theron Attest: Donaldson, City 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 12/09/2025 Date Personally appeared before me, Whitney A. Mesna, Notary Public Here Insert Name and Title of the Officer Charles M. Duggan Jr. and Jeanne Donaldson Nome(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 signatures) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. amy WHITNEY A. MESNA Notary Public - California San Bernardino County Commission # 2516836 Comm. Expires Apr 10, 2029 Place Notary Seal Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi 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 Number of Pages Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer—Title(s) Partner Limited Signer(s) OtherThan Named Above General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing Signer's Name Corporate Officer—Title(s) Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing ©2014NationalNotaryAssociation a www.NationalNotarV.org•1-800-USNOTARY (1-800-876-6927) Item#5907 CALIFORNIA CERTIFICATE OF 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 ) r. County of Sm '•� �tL.c� ) On � r �10 before me, 1 `,, .., 1 (here insert name and title of the officer) personally appeared ! �cf�U �'1 V1(I who proved to me on the basis of satisfactory evidence to be the perso (s) hose name ss s/®r subscribed to the within instrument and acknowledged to me that he/she/ he executed the same in his/her f6 i� authorized capacity es)and that by his/her/<LgPsignature sDon the instrument the persorg or the entity upon behalf of which the person{sacted, 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 pMSER HILFER =4' y P''XIC • California Notar '- San 8efnarcino County Commission # 2489745 My COMM,, Expires May 10, 2028 (Seal) Optional lnformatio Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of C_0_ containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner -Limited/Genera[ ❑ Trustee(s) ❑ Other: representing: rltleW Name(s) of Person(s) or 1:ntity(ies) signer is Representing Method of 5ioner Identification Proved to me on the basis of satisfactory evidence: O form(s) of identification 0 credible witries5(e5) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other ❑ Additional5igner(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007-2016 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772- Please contact your Authorized Reseller to purchase copes of this form. EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTIONS OF BLOCK 8 AND 9, SMITH'S SUBDIVISION NO.4, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13 OF MAPS, PAGE 3, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTRY, DESRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 8, THENCE ALONG THE NORTH LINE OF SAID BLOCK 8, SOUTH 68 DEG. 20' 00" EAST, 549.4 FEET TO A POINT IN THE INTERSECTION OF THE MIDDLE LINES OF SHEPHERD STREET AND DWIGHT STREET, AS SHOWN ON SAID MAP; THENCE SOUTH 14 DEG. 42' 41" WEST 21.58 FEET TO THE MOST NOTHERLY CORNER OF PARCEL ONE OF PARCEL MAP NO. 8360, AS PER PLAT RECORDED IN BOOK 120 OF PARCEL MAP BOOK, PAGES 71 AND 72, RECORDS OF SAN BERNARDINO COUNTY; THENCE SOUTH 43 DEG. 01' 54" WEST, 129.92 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL SHOWN AS A REMAINDER PARCEL ON SAID PLAT OF PARCEL MAP NO. 8360; THENCE SOUTH 89 DEG. 45' 05" WEST, 384.69 FEET TO THE NORTHWEST CORNER OF SAID REMAINDER PARCEL; THENCE NORTH 05' DEG. 39' 40" WEST, 321.92 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEOTING ANY PORTION DEEDED TO THE CITY OF REDLANDS FOR ROAD PURPOSES. APN: 0176-062-29-0-000 EXHIBIT 'l'9B'qy o APN:01 76-072-05-0000 > z APN:01 76-062-29-0000 CD Qd CJd ti Ov APN:01 76-062-30-0000 0 0 0 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES Stormwater Pollution I I Devices BMP BMP or Pollution Latitude Longitude Maintenance Frequency # Control Device Provided By First year after construction: inspect monthly and after 1 Infiltration 340 1'35.54"N 117° 9'49.36"W Theron L Jr. Vines major storm events (>0.5in Trench Geneil Vines rainfall) After first year: inspect quarterly and after major storms First year after construction: inspect monthly and after Gravel Filter Strip 34' 1'35.54"N 117° 9'49.36"W Theron L Jr. Vines major storm events (>0.5in 2 Geneil Vines rainfall) After first year: inspect quarterly and after major storms 3 4 5 6 7 8 9 10 EXHIBIT BMP MA P (? 1 m W WQMP EXHIBIT APN:0176-062-29 4L see 4 to +� DWIGHT ST. (VACANT LOT) �` 'Q' C eta REDLANDS, CALIFORNIA �� P m SCALE: 1°=80' 4 r r 0 0 Z " q ev 4 �o N A.P.Q. 076®002444-0000 o a 01i6.06242.0000 NOT A PART IL m NOT A PART m STORMWATER POLLUTION CONTROL DEVICES BMP # BMP OR POLLUTION LATITUDE LONGITUDE MAINTENANCE FREQUENCY CONTROL DEVICE PROVIDED BY FIRST YEAR AFTER CONSTRUCTION: INSPECT 1 INFILTRATION 340 1'35.54"N 1170 9'49.36"W THERON L JR. VINES MONTHLY AND AFTER MAJOR STORM EVENTS TRENCH GENEIL VINES (>0.5IN RAINFALL) AFTER FIRST YEAR: INSPECT QUARTERLY AND AFTER MAJOR STORMS. GRAVEL FILTER 34° 1'35.54"N 117° 9'49.36"W THERON L JR. VINES FIRST YEAR AFTER CONSTRUCTION: INSPECT 2 STRIP GENEIL VINES MONTHLY AND AFTER MAJOR STORM EVENTS (>D.SIN RAINFALL) AFTER FIRST YEAR: INSPECT QUARTERLY AND AFTER MAJOR STORMS.