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Home My WebLink AboutContracts & Agreements_27-2017 Electronically Recorded In Official Records,County of San Bernardino 2/14/2017 BOB DUTTON N 02 AM NC RECORDING REQUESTED BY ASSESSOR RECORDER CLERK AND WHEN RECORDED MAIL TO 367 City of Redlands Clerk CITY CLERK Doc# 2017-0063334 Titles 1 Pages 9 CITY OF REDLANDS Fees 00 P O BOX 3005 Taxes 00 REDLANDS, CA 92373 other 00 PAID 00 FEES NOT REQUIRED PER GOVERNMENT CODE SPACE ABOVE THIS LINE FOR x>coROFx's USE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 01721-131-23 THIS AGREEMENT is made and entered into this 3'"0 day of 2017, by and between Redlands Community Hospital ("Owner"), and the City �=, 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 "Surgery Center Addition" CUP 355 Rev 14, (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 a Treatment Control Device (Biomfiltration Basin known as the `Device") 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 Device has been installed in accordance with plans and specifications approved by the City, and City of Redlands Agreement Version NOVEMBER 2013 WHEREAS,the Device being installed on private property and draining only private property, is a private facility 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 Device 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 Pacific American Development agree as follows AGREEMENT I The Owner hereby provides the City and its designees with full right of access to the Device and the Owner's Property in the immediate vicinity of the Device (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 Device, 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 Device 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 Device, 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 perforin 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 aftei the Owner's receipt of the notice of expense until paid in full 4 This Agreement affects County of San Bernardino Assessoi's Parcel No 0172-131-23 and shall be recorded in the Official Records of the County of San Bernardino at the expense of the Ownei 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 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 Redlands Community Hospital Harvey Hansen, Vice President of Professional City of Redlands and General Services P O Box 3005 350 Terracina Blvd Redlands, CA 92373 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 ZZ Paul W Foster, Mayor Redlands Con�rhunity Hospital Harvey Hansen, Vice President of Professional and General Services Attest JC62e Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � `` County of may+ rbecc h %f dr i A D On O3 7 ebAwir ZW7 before me, 1F'�i C-k+¢- Z ?ee11^ns.,AR% e �j��Cr►V Date Title o l e Officer personally appeared r"tG►�V Q (�Y1S•LY1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose named is/art-subscribed to the within instrument and acknowledged to me that he/ a.c executed the same in his/her/their authorized capacity(il",-\, and that by his/4ef4ka4r signatureN,,on the instrument the person( or the entity upon behalf of MICHELE PHELPS Commission #2050676 which the person(sa acted, executed the instrument a_ cs ;), Notary Public California z :Vk S3n Bernardino County I certify under PENALTY OF PERJURY under the laws N1 Coni n E>Aires nec 24 2017 of the State of California that the foregoing paragraph is true and correct WITNESS my a a+�d o4reo al Signature Place Notary Seal Above siary Pu OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document 1.�� }" �i- �¢��t9►�� Hce.4sS s NtbQi4cawt,4 ��f�Ltivatv\'t Document Date V`e-OY uNY Number of Pages O Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name gCil V t-y 'liz1 tLNSk h Signer's Name ❑ Individual / ElIndividual V Corporate Officer—Title(s) - P ❑Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General �WaL� ElPartner—L1 Limited El General El Attorney in Fact �� ❑Attorney in Fact • ❑ Trustee Top of thumb here [-]Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is ReesenSigner Is Representing ��( tin + 2 C_ 02007 National Notary Association 9350 De Soto Ave PO.Box 2402 Chatsworth CA 91313-2402 www.NationalNotary.org Item#5907 Reorder Call Toll-Free 1 800-876-6827 ALL CAPACITY ACKNOWLEDGMENT Anotary public orother officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness accuracy or � validity ofthat document | STATE OF California COUNTY OF San Bernardino � /| 7,/ \ -!� / ' // ' / before me. C@|t|»D GUeSOoD. /\dDl|O|StGat|me Assistant (Date) (Name and title mthe officer) personally appeared Paul W Foster and Jeanne Donaldson(Name ot person signing) . who proved tomeonthe basis ofsatisfactory evidence tobothe whose name(a) is/are subscribed to the within instrument and acknowledged hzme that he/she/theyexecuted the same mh/s/her8he/rauthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) urthe entity upon behalf of which the pemon(a)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 WITNESS myhand and official seal / Signature of officer � novoVm1/2n10 EXHIBIT "A" Legal Description PARCEL 1 OF PARCEL MAP NO 7782 IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 78 PAGES 50 AND 51 OF PARCEL MAPS, RECORDS OF SAID COUNTY SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD PR P ED (�/ yawn SG9 L M THEW C HICKS, L ZS7644 0 MATTHEW C i HICKS p DATE 2-7-17 L 8 No 7644 top� $�Q �rF ofi cay�Fo� EXHIBIT B PLAT MAP tiG�F N SCALE 1"=200' " 94 A MAP OFTERRMNA BLUFF LOTS 13 FR,Q 12 /M-B 9/38 -9 , O 310 G<FL gLgG'4 F PAl CEL I G�2 PARCEL 2 W FERN AVENUE LANp SGS � G U� MATTHEW C PREPARED BY HICKS � DATE 02-07-2017 � L S No 7644 � Q ��F OF CAS-��0�� Exhibit C Stormwater Pollution Control Devices Stormwater PollutionControl BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By I IB-I 340372840 -117 206079° CFD Yearly l Bioinfiltrahon Basin 2 l 3 4 5 6 7 8 9 l 10 1 Exhibit D BMP Map tiq e0 G,9 'QO -1 }� ® N SCALE V=50'