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HomeMy WebLinkAboutContracts & Agreements_169-2016 Recorded in Official Records, Counfy of San Bernardino 8111/2016 BOB DUTTON 0:57 AM PLEASE COMPLETE THIS INFORMATION x�Qv " a;K ",�RASSESSOR — RECORDER — CLERK SRN � ..� RECORDING REQUESTED BY: CITY OF REDLANDS C Priority Mail AND WHEN RECORDED MAIL TO: CITY CLERK Doc#: 2016—0324822 Titles: 1 Pages: 10 CITY OF REDLANDS I Fees 0.00 PO BOX 3005 Taxes 0.00 Otheeo REDLANDS, CA 92373 PAID X0.00 AGREEMENT A DEA 0 D Lmu E PO D D D RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF REDLANDS 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) 0292-157-18 and -19 THIS AGREEMENT is made and entered into this day of U5 I , 20L&, 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 - Iowa and Park and filed as CRA 879 (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 two 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 I. 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. 0292-1.57-18 and -19, 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 or any portion of the Property. Any owner's liability hereunder shall ten-ninate 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 Brian Bargemann City of Redlands 64 Alabama Partnership L.P., P,O, Box 3005 c/o Investment Building Group Redlands, CA 92373 5100 Campus Drive, Suite #300 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 OF REDLANDS: OWNER: .64 Alabama alifoi I Pip L.P. -nia limited partnershartnership Paul Foster; Mayor ,By: Investment Building Group, its general Its general partner Attest, By: BT-ian Bargemann Sam Irwin, Cl'iy dark Executive Vice Preside/ ALL CAPACFY ACKNOWLEDGMENT officer"E&--npie— A notary pubHc or other fing 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 Can Bernardino On August 8, 2016 before me, Jeanne Donaldson, Deputy City Clerk (Date) Warne a nd ttfie of the officer) personally appeared Paul Foster and Sam Irwin ,Jarae of person sgnn who proved to me on the basis of satisfactory evidenceJto be the perso &� n )whose name s -is/are subscribed to the withinj and acknowledged to me that 4e�s+Te�they executed the same in-h4,91H strument 4er0eir authorized 9 Cape s , and that by W'64ier�their signature on the instrument the personC 5 S), or the entity upon behalf of which the-person '')acted, executed the instrument. I certify under PENALTY OF PERJURY under the iaws of the, State of California that the foregoing paragraph is true and correct. MTNESS my hand acid official seal. E N 0 A A, Ole ON Signature of officer ;z N NN\ Rev.0110112015 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 e e E � On ,f ° - ':, before me, _... 9F C °,Aru , � "": °.� �'o"i"°71�„ � t' 1 iC,,, Date Here Insert Name and Title of the Officer personally appeared _ Name(s) of,Signer(s) who proved to ime on the basis of satisfactory evidence to be the person(&) whose name# is/aile subscribed to the within instrument and acknowledged to me that he/ahe449y executed the same in his/he#their authorized capacity ), and that by his/hes4heif.signatiure(o on the instrument the person(e):, or the entity upon behalf of which the person(o 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. SKS N I WITNESS imy hand and official seal.. o ssion 2t3672t Z � x y Public .California z rm orange Ccunty M Comm.Ex Ifes C1c "9"I Q '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 5 ( f'r7 1 ter ��"I��rt 1z, 'CAfiid""�.��' �r ���� ri�� �� f_�� ��. /°� l :.w M � Title or Type of Document: Document Date: i ! Number of Pages: ....— Signer(s) Other Than Named Above ____._.. ._............ ..................m._ Oapacity(ies) Claimed by licgner(s) Signer's Name: _ _ . �— Signer's Narne: """_"""" ............ . p ( : I I Corporate Officer — Title(s): I : Corporate Officer — Title s) ."..__.._................�....._ p ( ): i_ Partner - ) Limited i I Generali 1 Partner — [ Limited I :I General I Individual ]Attorney in Fact I Individual Attorney in Fact s Trustee I Guardian or Conservator ]Trustee F" Guardian or Conservator I I Other: LI Other. Signer is Representing: Signer Is Representing: r`/vv,-'r�" "�..�:+`�=�:L:'G`�=�s"�%�S'�:�,":J'„`C-%Ku`'�'=�'"::�.."C.?v�'-."1v"L..."v'�-°�",`�=�."'�%7d.`C.=G` %C,«"Y'"48=w`';L:w."L.,t's."ts":�.�Cr"�'.",.'�73`C.4,.^�.,"fu �" .'," ✓".". i'�.�+�"'"C. n"u'X"- r. .::�."r�,'..,�. r"'°'�r::",fi 02014 National Notary Association ° wwww.NationalNotary.or - 1-600-US NOTARY(1-600-676-6627) ltern 115907 EXHIBIT "A SHEET a OF ? LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF REDLANOS, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS. PARCELS 3 AND 4 OF PARCEL MAP NO. 5021, IN THE CITY OF REL7LANCS, COUNTY Of- SAN FSAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 48 OF PARCEL ..MAPS, PAGE(S) 1, RECORD'S OF SAID COUNTY TOGETHER WITH THAT PORTION OF IOWA STREET ADJOINING PARCEL J, VACATED PER RESOLUTION NO. 6817, RECORDED APRIL 14, 2009 AS INSTRUMENT NO. 2009-015.7059 OF OFFICIAL RECORDS. i m i c� w SURVEYOR LAAO PREPARED UNDER TH7ER VISION 0I30 � � l%iii;%�%' %% cn j Thienes� Engi,vering, Inc. r� . 5750CIVIL ENGINEERING ��� 14,34,9 FIRESTONE�BOULEVARD LAND /INC SIA L IEN A LA MIRADA, CALIFORNIA .906J8 P.L.S. NO. 5750 OF � ' l „� Fx(714)521-4811 FAX(714)521-4173 REG EXP. DEC. 31, 2077 SCALE. 1 100' EXHIBIT PYB yy SHEET I OF I (PLATIILLUSTRATION) N 89*48',01"' W 623,33' Lu! 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