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HomeMy WebLinkAboutContracts & Agreements_21-2017 Electronically Recorded in Official Records,County of San Bernardino 2/0612017 RECORDING REQUESTED BY 02 56 PM CITY OF REDLANDS BOB DUTTON SG AND WHEN RECORDED MAIL DOCUMENT TO ASSESSOR RECORDER CLERK CITY CLERK '° 367 City of Redlands Clerk NAME CITY OF REDLANDS STREET P O BOX 3005 Doi# 2017-0053544 Titles 1 Pages to ADDRESS REDLANDS, CA 92373 Fees 00 REDLANDS, Taxes 00 CRY STATE& ZIP CODE Other 00 PAID 00 FEES NOT REQUIRED SPACE ABOVE FOR RECORDER'S USE ONLY PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE AGREEMENT Title of Document 77 Lim, \ \ 777 . c i 21 \ ti THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) RECORDING REQUES I'ED BY AND WHEN RECORDED MAIL 10 C11 Y CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS CA 92373 SPA(1 A13OV1 I f IIS 1 INI I OR R(CORDI R 5 P,1 STORMWATER TREATMEN F DEVICE AND CON I'ROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 0168-071-04, 05, 07 & 11 THIS AGREEMENT is made and entered into this qday of 20il, by and between Redlands Pioneer, f LC, a Delaware limited liability company (`Owner' ), and the City of Redlands, a municipal corporation ("City ') '1 he Owner and the City are sometimes each individually referred to herein as a `Party' and, collectively, as the ` Parties " REGI FALS WHEREAS, the Owner owns real property ("Property") in the City specifically described in Exhibits A' and `B' which are attached hereto and mcorporated herein by this reference, and WFILRI AS, at the time of approval of the ONAnel's development project commonly known as Redlands Pioneer and tiled as I ract 18979 (the Prole(,t' ) the Citv required the Protect to employ on-site control measures to minnnize pollutants in urban stormwater runoff, and WEIEREAS,the Owner has chosen to install an Infiltration Bann (the Devices ')to mmimilc pollutants in urban stormwater runoff, specifically described in Exhibit `C" and shown in f xhibit "D" both of which are attached hereto and incorporated herein by this reference, and WHLREAS, the Devices have been installed in accordance with plans and specifications approved by the Citv, and City of Redlands Agreement Version NOVEMBER 2013 WHEREAS the Devices being installed on pi ivate 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 propel 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 I I If RI FORL in consideration of the City s approval of the Pioject and the mutual promises contamed herein the City of Redlands and Redlands Pioneei agree as follows AGREEMENT 1 The Ownei hereby provides the City and its designees with full fight 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 I he 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 1 he Ownei 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 mannei consistent with all applicable laws As may be requested from time to time by the City, the Ownei 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 wwhm thirtv (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 mamtenance 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 0168-071-04, 05, 07 & 11. 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 I his 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 m-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 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 Notices) shall be deemed effective upon receipt or seventy-two (72) hours after deposit in the U S Mail, whichever is eailier A Party may change notice address only by providing written notice thereof to the other Party CI I Y OWNER Redlands Pioneer, LLC a Delaware limited City Engineer liability company City of Redlands Phillip B Burum, Authorized Representative P O Box 3005 10621 Civic Center Drive Redlands, CA 92373 Rancho Cucamonga, CA 91730 9 1 his Agreement shall be governed by and construed in a(,cordance 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 Paul W I oster, Mayor Redlands Pioneer, I LC, a Delaware limited liability company Phillip B Burum, Authorized Representative Attest �—( D�1 Je fine 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 f)0j-dlob ) On J0_0 ULnate /1�_) 1 before me, ;/Irn6AC 7 E 1 Here Insert Name and Title of the Officer personally appeared t li B Mlum Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(g) is/ire subscribed to the within instrument and acknowledged to me that he/ ty executed the same in hisAUm4heff authorized capacity and that by his/ r signatureN on the instrument the personN, or the entity upon behalf of which the personN 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 SIMONE BASSO WITNESS my hand and official seal Notary Public California Z San Bernardino County z Z -.,Commission #2164524 ' ��,_� My Comm Expires Oct 9 2020 Signature ��-- 11 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 Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing ©2014 National Notary Association www NationalNotaryorg 1-800-US NOTARY(1-800-876-6827) Item #5907 Exhibit "A" Legal Description THOSE PORTIONS OF THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE-QUARTER, AND SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 13 TOWNSHIP 1 SOUTH RANGE 3 WEST SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL PLAT THEREOF IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13, BEING THE INTERSECTION OF SAN BERNARDINO AVENUE AND JUDSON STREET AS SHOWN ON TRACT NO 16627 RECORDED IN BOOK 340, PAGES 10 THROUGH 12 INCLUSIVE, OF MAPS RECORDS OF SAID COUNTY, THENCE NORTH 89029'20" EAST ALONG THE CENTERLINE OF SAN BERNARDINO AVENUE AND SOUTH LINE OF SAID SECTION 656 82 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION BEING THE POINT OF BEGINNING THENCE NORTH 00°07'51" WEST ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 1322 33 FEET TO THE NORTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION, THENCE NORTH 89031'34" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE QUARTER AND THE NORTH LINE OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, 1307 32 FEET TO THE NORTHEAST CORNER OF THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION THENCE SOUTH 00024 58 EAST ALONG THE EAST LINE OF THE WEST ONE HALF ONT THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 1321 46 FEET TO THE SOUTHEAST CORNER OF THE WEST ONE HALF OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION THENCE SOUTH 89029 20 WEST ALONG THE SOUTH LINE OF SAID SECTION BEING THE CENTERLINE OF SAN BERNARDINO AVENUE, 656 95 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION, THENCE NORTH 0001543 WEST ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 801 19 FEET TO A POINT THAT IS SOUTH 520 7 FEET FROM THE NORTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION THENCE SOUTH 89031'34"WEST, 327 56 FEET TO A POINT IN THE WEST LINE OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE SOUTHWEST ONE QUARTER SOUTHWEST ONE- QUARTER THAT IS SOUTHERLY 520 7 FEET FROM THE NORTHWEST CORNER OF THE EAST ONE-HALF OF THE EAST ONE HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION SHEET 1 OF 2 SHEETS Exhibit "A" Legal Description THENCE SOUTH 0001147 EAST ALONG SAID WEST LINE OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 801 41 FEET TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SAID SECTION THENCE SOUTH 89029 20 WEST ALONG THE SOUTH LINE OF SAID SECTION, BEING THE CENTERLINE OF SAN BERNARDINO AVENUE 328 48 FEET TO THE POINT OF BEGINNING 33 74 ACRES tANp P R EP � e'�'�O S��G ' Vw MARK S �c MARKS WHITMER, L S 5535 v WHITHER 9 L.S. No 5535 4- DATE 10 24-2016 �rF OF CA\-\FOP SHEET 2 OF 2 SHEETS Exhibit "B" Plat Map NW COR , E1/2, SW1/4, SW1/4 SEC 13 PIONEER AVENUE , M -(NW N89°31 '34'E 1307 32'- ? V --- NE CORW1/2 COR E1/2 NORTH LINE, SW1/4, NE COR SW1/4 SE1/4, SW1/4, /2 , SW1/4, SW1/4 AND SE1/4, SW1/4 SEC 13 SEC 13 SW1/4, SEC 13 SW1/4 SEC 13 ' 3 ' Li of N NO n O V z GF ��1���g11 n o � J � ��� z S*Nc , v) 1� r2 G z - SF r� - w N w CW w ro �- 327 56 C2N 3 S89 31 34 W O 2 �G�G Sgtcn Z �51 CO auj 3 vii ���' 1�' w crf � Ct w A\ G N O15 N w 1�� d o w 1 co Ld Z �G `' o w v oo � w °0 Ld F-N (714 LZ 0O m O I- w0\ V) Q o r 00 Z w3 w � w W Z� z O ED O r) W O J O O F- I1I F Z N V) J O V) i/ W f— Of i Z 00\ r--r N N I 14 13 2324 328 48' - - M 1 " __ __ S89 29_ 20 W 6_56 95- T S89 29 20"W q SAN BERNARDINO AVENUE l i SE COR W1/2 SW COR E1/2, SOUTH LINE SEC 13 SE1/4, SW1/4, E1/2 , SW1/4, SEC 13 cov SW1/4 SEC 13 O LAND SG CNN D POINT OF BEGINNING I , SW COR , E1/2, SW 1/4, MARK S z SW1/4 SEC 13 WHITMER 0 i&.�S�j-��� __ L S No 5535 t PREPARED BY �`�.� Expires 9-3014 Q' DATE 08-05-2016 F OF CALSCALE 1 =200 SHEET 1 OF 1 Exhibit C Stormwater Pollution Control Devices Stormwater PollutionControl BMP BMP of Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 113-1 340806800 -117 153919° CFD Yearly Infiltration Basin 2 3 4 5 6 7 8 9 10 Exhibit BMP Mm / --------------------|_______________ ----_~./~ ~^ F'|ONEER AVENUE | | N�� � | ���� u . | LOT A / 55 54 53 52 51 50 49 48 47 46 45 44 43 LUCAS LANE 1 F 42 14 15 28 29 2 41 13 16 27 30 0 12 17 26 31 4 11 18 25 32 39 5 10 24 33 38 19 6 9 A23 34 37 7 8 21 22 35 36 LT C / | | | ----- SAN BERNARD|NO AVENUE