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HomeMy WebLinkAboutContracts & Agreements_163-2016 Recorded in Olhoal Records, County of San Bernardino 8(0512016 RECORDING REQUESTED BY BOB DUTTON_ LS AM A cnvr ALS AND WHEN RECORDED MAIL TO: 9AHH&RIURM ASSESSOR — RECORDER — CLERK SAN CITY CLERK C Priority Mail CITY OF REDLANDS P.O. BOX 3005 Doc#: 2016-0315890 Tines: 1 Pages: 10 REDLANDS, CA 92373 Fees 0.00 Taxes 0.00 Other 0.00 1 111111111111111111111111111111111 PAID $0.00 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) 0292-158-03 THIS AGREEMENT is made and entered into this ZNp day of �+cltCauS�` , 2016, by and between 64 Alabama Partnership L.P., A California Limited Partnership ("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 64 Alabama — Alabama and Park and filed as CRA SSO (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 five sets of underground infiltration chambers and drain inserts (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 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 64 Alabama Partnership L.P., a California limited partnership 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 ultirnate 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. 0292-158-03, 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 amOLint as will fully reimburse the City, including 0 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 Patty. 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 art 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 Patty 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. N'otice(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 Brian Bargernann 64 Alabama Partnership L.P.,A California Limited City of Redlands Partnership c/o Investment Building Group P.O. Box 3005 51.00 Campus Drive, Suite 4300 Redlands, CA 9237') Newport Beach, CA 92660, 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 OE REDLAN OWNER: 64 Alabama Partnership L.P., Paul Poste ,Mayor a California Limited Partnership ,7 Attest: By: Investment Building Group, "' ) a California Corporation Sa`mIrwin,tity Clerk general partner ,4 By: Brian Bargemann, Executive Vice Presi 7ent ALL CAPACFY ACKNOWLEDGMENT A notary public or other officer cornpletong this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfuilness, accuracy, or validity of that document. STATE OF. California COUNTY OF San Bernardino On August 2, 2016 before me, Jeanne Donaldson Deputy City Clerk_______, (Date) (Name and t'tlfle of the offim) personally appeared Paul Foster and Sam lrwin {Name ol person sgms who proved to me on the basis of satisfactory evidence to be the persoo whose nam s 4s/are subscribed to the wtthlp trument and acknowledged t me, 1,. �Itheyexecute he '4of/theirauthorized h S Ite I 1�1 signator entity upon behalf of capaci as and at by 4��ther�signa r s on the instrument the persor6p, or the 0 which th�T-0( dst ),acted, executed the instrument. I certify under PENALTY OF PERJURY Linder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 R E 1) Signature of officer .qw 1888 %"14 I IFO F 0 19R, Rev.01/01/2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1,189 °.�,��`��'^� �',� .�4;�.c�'�.,���"�^� ^,"�:C` ^�s".-�"`�:C^�^<'�A4C" ���;c;l�:w,�5^,ss;C'c:4`�*^,t�^.c;e^<":c���t' "�. �K�!1�^i^,��s`�5^s��.•f'.t:fi��;s;�`�£"��^,�;���,.a:�" 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 -1 i° 1 `r" __.--- ) ri— r I - � le", � � � 1� opt` �'A.� �..b )<,,. � �„ t�^�um. "" 49, ..,� On .—..before me, ..... Fate Fere Insert Name arra Title of the Officer personally appeared 't AIJ A......_ A i 016,: r"mf"i I r"..l Name(s) of Signer(s) ...... _ 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/& y executed' the same in his/ken . authorized capacity(' ), and that by his/hefAfiew signature(s)on the instrument the person(&), or the entity upon behalf of which the person(8) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laves of the State of California that the foregoing paragraph Is true and correct. C i n 0 2136721 ry Public-California WITNESS my hand and official seal. Orange Count® r .E x Cc 1 ,21 Signature Signature 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 i fmw.y/ Vu A r r r, r l� :,�1 f r�it-Aj r, ill V 10 /W�r) Title or Type of Document: ) ���� ����" i;l ��_ [document late: Number of Pages: Signer's) Other Than Tamed above; _. _...._ _... apaci (ies) Claimed by Signer(s) Signer's Name: ........ Signer's dame:__........ _.__. Corporate Officer — Title(s); ....... _ I-) Corporate Officer — Title(s): ...w._ I 1 Partner — i I Limited General I J Partner — Li Limited I :I General I Individual Attorney in Fact J Individual ,?Attorney in Fact Trustee i Guardian or Conservator I Trustee I l Guardian or Conservator ( Other: .... _.......... . _. I Other: Signer Is Re resentin g p g: .............._ .m ........_ Signer Is Representing; Oc 014 National Notary Association m www.NationalNotary.org • 1-800-US NOTARY(1-800-676-6$27) Item #69,67 EXHIBIT iY w is SHEET 1 OF 1 LEGAL DESCRIPTION �1 THE LAND REFERRED TO HEREON IS DESCRIBED AS FOLLOWS- THE EAST 1/2 OF THE NORTH 1/2 OF BLOCK 13, BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 PAGE 19, OF MAPS, RECORDS OF SAID COUNTY. fn i M i in xZ W �� n M SURVEYOR. '� �p,L LAND PREPARED D E SU RVIS/ON OF. T 3 0 0 �Q" 'FZ F`c CL-- o 1€ fy Thienes Engineering, Inc. "' _ NO. 5750 ' d - CIM ENGINEERING • LAND SURVEYING 7��2��� �P�, Q 14349 FIRESTONE BOULEVARD BRIAN L. HIEN DATE LA MIRAOA, CALIFORNIA 90638 P.L.S NO. 5750 PH.(714)521-4811 FM(714)521-4173 REG. EXP. 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