HomeMy WebLinkAboutContracts & Agreements_156-2016 Recorded In Official Records, County of San Bernardino 71181201$
BOB DUTTON M
Em
Pm
,,�covyrrg;,
fSANIMSK&Ro, ASSESSOR -- RECORDER — CLERK SAN
1 C Priority Mail
RECORDING REQUESTED BY Doc#: 2016-0284007 Titles: 1 Pages: 9
AND WHEN RECORDED MAIL TO: Fees 0.00
Taxes 0.00
CITY CLERK Other 0.00
CITY OF REDLANDS MID $0.00
P.O. BOX 3005
REDLANDS, CA 92373
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
�� /s H 1 0300-241-034n /}✓,�/ ^ (� �/'�
THIO A GA\E E��'�A EE �''1 ;s m.add and'' c,ntered i= LlM (,� r day oogo , LSI/(/�{, by
and between Dustin W. Smith, a single man ("Owner"), and the City of R ands, 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 31615 Live Oak Canyon Road and fled as GP15-0094 (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 an 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
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
City of Redlands
Agreement Version NOVEMBER 2013
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 Dustin W. Smith, a single man, 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 Iaws. 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. 0300-24I-034,
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.
City of Redlands
Agreement Version NOVEMBER 2013
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,
7. Time is of the essence in the performance of this Agreement.
8. 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 Dustin W. Smith
City of Redlands 22421 Barton Road, #508
P.O. Box 3005 Grand Terrace, CA 92313
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 Owner.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first
written above.
CITY OF REDLANDS: OWNER:
�d W a single man
L ��U��Mayor""" 15ust'in W.T, rnith,
Attest-
am fi:,Win, City Clerk
Cilyof Redlands
Agreement Version NOVEMBER 2013
ALL CAPACITY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the sndividual who
mm
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 July 13, 2016 before rne, Jeanne Donalldson, DeuCity Clerk
(Date) (Name and tMe of Lhe officer)
personally appeared Paul W. Foster and Sam Irwin
gN@rne W person si I
who proved to me on the basis of satisfactory evidence to be the person s whose names i*ubscribed to
in his the within nstrument and acl<ncwjed d t that heish6 executed the sa s e hei�authorized
o me ins
ies , rind that by his/he hei signature on the rum ent the person s , or the entity upon behalf of
capaci W t
which the person so acted, execute the instrument.
l 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.
R s %
BPORq
Signature of officer
1888
*4e I F 0
Rev.0 110 1120 1 5
CALIFORNIALL- L CIVIL CODE§ 1189
.'"'.n",^S"�"r�r:4"r£�'�^rksw�"' '4�""..a:f:{" " ''"..W .'�' �" v�'�SSa w�'r^.r,�'�wr,#�"; "'��,r�':K"1'a',^'f., ",o`',�`,'a""' rc."r&:"�`s4:� ".�n:`s '��i,'�✓�' rG�,�«."a"yew:M:"�"Y.."' '�'�a."S"" �u'" +e.'n.:+��"+�.":r.�.��'✓k..i"�5::i'vx4.«"'
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 rniaw
County € ._ 4, �w
On k. t cQ ?-4)L
_ before me,,
Date ,w ,oder lrnsert Fame and Title of the Office°
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(les), and that by his/her/theiir signature(s)on the instrument the person($),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the lavas
of the State of California that the foregoing paragraph
is tri rnd correct.
--WITG SSS my and and official mal.
crr n. SMITH
Si Hata f m ,
c
Commission
s�aor� 20106154g
Notary Pum 4 Colaor
500 Bernardino County ignatu of Notary Public
Comm. Ex ires R- '.----
Place Notary Seat 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: .._ .. _ Document Date: ww__
Number of Pages: Signer(s) Other Than fumed Above: ..................._........_......
Capacit (ies) Claimed by Signer(s)
Signer's Name: _____ Signer's Name: _._..........................................
....__.
I .l Corporate Officer — Title(s): .. w Corporate Officer — Title(s):
I Partner — i Limited General ] Partner — I I Limited 1 General
_J
Individual .Attorney lin Fact Individual '1 Attorney in Fact
I Trustee I Guardian or Conservator Trustee I Guardian or Conservator
I.I Other: Other:
Signer Is Representing: _.... .___w wwwww .. Signer Is Representing:
@2614 National Notary Association . www.NationalNotary,org - 1.800-US NOTARY(1-8001-876-6827) Item #5907
Exhibit A
Legal Description
A PORTION OF PARCELS NO. 2,NO. 3 AND NO. 4 OF PARCEL MAP NO.4930,INTHE CITY OF
REDLANDS,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED
IN BOOK 45 OF PARCEL MAPS,PAGE 70,RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL NO.3;THENCE NORTH 670 53, 17"
WEST,220.00 FEET;THENCE NORTH 68° 54' 3 1" EAST, 179.12 FEET;THENCE NORTH 21105,
29"WEST, 515.00 FEET TO A POINT OF INTERSECTION IN THE CENTER LINE OF LIVE OAK
CANYON ROAD;THENCE NORTH 56° 16' 44" EAST, 202.55 FEET; THENCE NORTH 691 01' 05"
EAST, 97.45 FEET TO THE NORTHWEST CORNER OF PARCEL 4,THENCE NORTH 69° 01'05"
EAST, 88.03 FEET TO A POINT IN THE CENTER LINE OF LIVE OAK CANYON ROAD;THENCE
ALONG SAID CENTER LINENORTH 740 56'25" EAST,37.26 FEET;THENCE SOUTH 110 38, 15"
EAST,447.36 FEET;THENCE SOUTH 36°50'25" EAST, 65.88 FEET; THENCE SOUTH 09' 31'34"
EAST, 238.08 FEET; THENCE NORTH 821 56' 10" WEST,24.56 FEETTO THE SOUTHEAST CORNER
PARCEL 3;THENCE ALONG THE SOUTH LINE OF SAID PARCEL 3 SOUTH 72'41' 31" WEST,
314.54 FEET TO THE POINT OF BEGINNING.
Exhibit B
Plat
—_r
SCALE: 1"=100
�// • moi/�a5 -�--`
/ I
,
/ o -'J!
t
}1 +}}rt
o
H -
5 1
FRQ
� 5 0
i+
5 }
1
S
1
cS
WATER TANKS
N82 56'10"W
6;,. A,5A 24.56'
Exhibit C
Stormwater Pollution Control Devices
Stormwater Pollution Control Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
1 Infiltration Basin 34.00651 117.11549 Bi-Annual
TC-1 34.00580 117.11486 Owner After Rain
Catch Basin Inspection 34.00580 117.11492
2 SC-74 34.00648 117.11568 Owner Bi-Annual
Exhibit D
BMP Map
� D
,-ROP
SCALE: 1"=60'
1 I
/
� N
- 2
1
I
\ F 4 1
F i
0
F \ 1
s f ;
SEE EXHIBIT C
® FOR BMP
1„
WATER TANKS