HomeMy WebLinkAboutContracts & Agreements_6-2017RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
Electronically Recorded in Official Records, County of San Bernardino
BOB DUTTON
c av
ASSESSOR - RECORDER - CLERK
J 367 City of Redlands Clerk
Doc #: 2017-0012734 Titles: 1
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Fees
Taxes
Other
PAID
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0292-153-440
1/10/2017
11:01 AM
FV
Pages: 8
-; j
THIS AGREEMENT is made and entered into this day of �f'i"�.�%s 20Ii , by
and between Fainbarg IV,LP ("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 AMR Redlands, 1930 West Park Avenue and filed as CUP 1054 (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 Vegetated Swales (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
City of Redlands
Agreement Version NOVEMBER 2013
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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 Fainbarg IV, LP 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 full.
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0292-153-440, 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
City of Redlands
Agreement Version NOVEMBER 2013
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
City Engineer
City of Redlands
P.O. Box 3005
Redlands, CA 92373
10MTI I
Allan Fainbarg
Fainbarg IV, LP
129 W. Wilson Street
Costa Mesa, CA 92627
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 tfie� signatures as of the date first
written above.
CITY OF REDLANDS: OWNER:
Af�
Paul W. Foster, Mayor
Attest:
Allan Fain"HIJi
Fainbarg IV, LPs a-aleii®Pelf
129 W. Wilson Street
Costa Mesa, CA 92627
By: Irving M. Chase, Manager
Janne Donaldson, City Clerk
City of Redlands
Agreement Version NOVEMBER 2013
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 Orange )
On 12/20/16 before me, Susan L. Walters, a Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Irving M. Chase
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the,__person(� whose name($K1S_/are
subscribed to the within instrument and acknowledged to me that( e,she/they executed the same in
is er/their authorized capacity(ip§�, and that byfiji/her/their signature( on the instrument the personle"
or the entity upon behalf of which the person acted, executed the instrument.
SUSAN L. wALTERS
Commission # 2071262
Z
:-+s Notary Public - California D
Z ' { Orange County
My Comm. Expires Jul 10, 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my h r'd and official seal.
Signatur
Signa re 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 Stormwater Treatment Device
Title or Type of Document: & Maintenance Agreement Document
Number of Pages: 8 Signer(s) Other Than Named Above: Paul
Capacity(ies) Claimed by Signer(s)
Signer's Name: Irving M. Chase
Cl Corporate Officer — Title(s):
Partner — Limited a General
❑ Individual Attorney in Fact
0 Trustee Guardian or Conservator
Ex Other: flanager
Signer Is Representing: Faiabarg IV, LP
and Control Measure Access
Date: 12/20/16
W. Foster and QOnr*-3jo,�� h
Signer's Name: N/A _
I Corporate Officer — Title(s):
Partner — l Limited C- General
Individual I Attorney in Fact
Trustee I Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
Exhibit A
Legal Description
rZIMMIA—mm
THE SOUTH 450 FEET OF THE WEST 100 FEET OF THE WEST % OF THE SOUTHEAST % OF BLOCK 4
BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID
COUNTY.
AREAS AND DISTANCES AS SHOWN ON MAP OF ABOVE DESCRIBED SUBDIVISION INDICATE
SAME ARE COMPUTED TO STREET CENTERS.
PARCEL2:
THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF LOT 4 OF BARTON RANCH, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 OF
MAPS, PAGE(S) 19, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE WEST 100 FEET OF THE SOUTH 450 FEET THEREOF.
ALSO, EXCEPTING THEREFROM THE SOUTH 300 FEET OF THE EAST 150 FEET THEREOF.
Exhibit B
Plat
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ALL DATA SHOWN IS BASED ON
RECORD INFORMATION PER PARCEL
MAP NO. 5821, RECORDED IN BOOK 6
OF MAPS, PAGE 19, RECORDS OF
SAN BERNARDINO COUNTY
SCALE: 1 " = 100'
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STEVEN H. RITCHEY DATE
L.S. 7288 EXP. 12/31/16
Exhibit C
Stormwater Pollution Control Devices
BMP
#
Stormwater
BMP or Pollution Control
Device
PollutionControl
Latitude
Longitude Maintenance
Provided By
Frequency
1
VEGETATED SWALE
34.06111
117.36694
OWNER OR
LEASEE
ANNUAL
2
3
4
5
6
7
8
9
10
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Exhibit D
BMP Map
SCALE: 1" = 50'
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