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HomeMy WebLinkAboutContracts & Agreements_52-2017 Electronically Recorded in Official Records,County of San Bernardino 3/3112017 BOB DUTTON S 46 AM SG ASSESSOR RECORDER CLERK RFCORDING REQUES f ED BY 'J 367 City of Redlands Clerk AND WHEN RECORDED MAIL TO Doc# 2017-0135063 Titles 1 Pages 8 Cl EY CLERK Fees 00 Cl I Y OI REDLANDS Taxes 00 P O BOX 3005 other 00 RFDLANDS CA 92373 PAID 00 SPACI ABOVF THIS I INI I OR RI-CORDI-R S USI FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 S I ORMWAI LR TREATMI N I DEVICE AND CON 1 ROL MEASURL ACCESS AND MAIN I ENANCE AGREFMFN'I Assessor's Parcel Number(s) APN 0168-121-03, 06, 08 & 13 1 HIS AGREEMENT is made and entered into this y day of ,4,-,, 20 d 7by and between Redlands Pennsylvania, LLC, 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 " RECI EALS WHI REAS, the Owner owns real property ("Property") in the City specifically described in Lxhibits A" and "B ' which are attached hereto and mcorporated herein by this reference, and WHEREAS, at the time of approval of the Owner's devclopment project commonly known as Redlands Pennsylvania and filed as I ract 19975 (the "Project ), the City required the Project to employ on-site control measures to mimmizc pollutants in urban stormwater runoff and WHLREAS thc, OWFILI has chosen to install an hnhltration Basin and ( ateh Basin Drain Inserts (the "Devices ) to mininilc pollutants in urban stormwatei runoff specifically desU ibcd in Exhibit `C and shown in Lxhibit 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 WHEREAS, the Devices being installed on private property and draining only private property are private facilities with all maintenance or replacement therefoi 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 I ederal, State and local laws and regulations, including those pertaining to confined space and waste disposal methods in effect at the tune 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 Redlands Pennsylvania agree as follows AGRI EMbN 1 1 l lie Owner hereby provides the City and its designees with full i fight of access to the Devices and the Owner s Property in the immediate vicinity of the Devices (a) at any tune 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 of avoid interference with the Owner's use of the Property when undertaking such inspections and repairs 2 ]he OwnCl shall diligently maintain the Devices in a manner consistent with the manufacturers' recommended maintenance schedule to ensure efficient pel formance 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 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 within thirty (30) days of being given written notice by the City to do so, setting forth with spcClfiCity 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 Ownel, including administrative Costs attorneys' fees and interest thereon at the maximum rate authoI ized by law twenty (20) dans 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 0168-121-03, 06, 08 & 13 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 Chis Agreement shall also constitute a Igen 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 attornevs' lf,es including lees fol the use of in-house counsel by a Party 6 It is the intent of thc. Parties that the burdens and bc,nLtits 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 ownei 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 Z nne is of the essence in the performance of this Agreement 8 Any notice to a Party required or called foi 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 C17 Y OWNER Redlands Pennyslvania, LLC, a Delaware City Lngmeei limited liability companv C Ity of Redlands Phillip B Burum Authorized Representative 110 Box 3005 10621 Civic Center Drive Redlands, CA 92373 Rancho Cucamonga, CA 91730 9 1 his 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 wi itten above Cl I OF RFDLAND,§ OWNER Paul W Coster, Mavoi Redlands Pennsylvania, I LC, a Delaware limited liability company Phillip B Burum, Authorized Representative Attest J a4t�� J ne 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 �� ) On J CU `�, �' before me, 11U�CQJ "ate Here Insert Name and Title of the Officer personally appeared ��- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name,(} is/ale subscribed to the within instrument and acknowledged to me that he/s 4ef_ti ey executed the same in his/h -authorized capacity), and that by his/blw4jeir signature(�kon the instrument the person(, or the entity upon behalf of which the personKacted, 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 Notary Public California WITNESS my hand and official seal a San Bernardino County a i Commission#2164524 My Comm Expires Oct 9,2020 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 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) F-1 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 Ll Other ❑ Other Signer Is Representing Signer Is Representing ©2014 National Notary Association • www National Notary org 1-800-US NOTARY(1-800-876-6827) Item #5907 Exhibit "A" Legal Description THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, 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 NORTHWEST CORNER OF SAID SECTION 24, 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 89°29'20 EAST ALONG THE CENTERLINE OF SAN BERNARDINO AVENUE AND NORTH LINE OF SAID SECTION 24, 656 82 FEET TO THE NORTHWEST CORNER OF THE NORTH HALF OF WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24 BEING THE POINT OF BEGINNING, THENCE NORTH 89029'20" EAST ALONG THE NORTH LINE OF SAID SECTION 24, BEING THE CENTERLINE OF SAN BERNARDINO AVENUE, 985 43 FEET TO THE NORTHEAST CORNER OF THE WEST HALF ON THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24, THENCE SOUTH 00°12'23"WEST ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24 1317 96 TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24, THENCE SOUTH 89 31 03"WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 24, 658 89 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24 THENCE NORTH 00'1727 EAST ALONG THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24, 658 83 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24 THENCE SOUTH 89°30'12" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24, 328 96 FEET TO THE SOUTHWEST CORNER OF THE NORTH HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24, THENCE NORTH 00°19'57" EAST LONG THE WEST LINE OF THE NORTH HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 24, 658 75 FEET TO THE POINT OF BEGINNING 24 87 ACRES 1.ANp PREPARED BY ,�� <v� MARKS Glc WHITMER 0 MARKS WHITMER L S 5535 -�z L S No 5535 DATE 12 15-2016 9TF OF CA�\�OP Exhibit "B" Plat Map POINT OF COMMENCEMENT POINT OF BEGINNING SAN BERNARDINO AVENUE NW COR , N1/2, W1/2 E1/2 NW1/4 NW1/4 SEC 24 NORTH LINE SEC 24 14 13 ........... —� '20 E 985 43' 23 24 —,II 328 �� N89°,29 —�, `.. 328 48' 48' 328 47� \ NW COR E1/2 NW COR , W1/2, NE COR W1/2 77 1i E1/2, NW1/4, W1/2, NE1/4, W1/2 NE1/4, 0 co NW1/4, SEC 24 NW1/4 SEC 24 NW1/4, SEC 24 N �p N co 00 un z (D W Ln Li r- CC) V) CO y\ ��� o w z 1' �5 z cn 9�G z GW z N89 30'12"E L� w 328 96' w N N N M n O '-Ln m p 3 O z 3 CD z� J W F 00 O r- �,�\cj1C.G W z °cno y�1 .�° C�� N z SW COR E1/2 SW COR W1/2, SE COR W1/2 E1/2, NW1/4, W1/2 NE1/4 W1/2 NE1/4, NW1/4 SEC 24 NW1/4 SEC 24 NW1/4, SEC 24 658 89' 329 44' 329 48' 1. 329 41' N89°31'03"E 988 33 � PENNSYLVANIA AVENUE 19 LAND G V� MARK S �< J WHITMER A i L S No 5535 t PREPARED BY Q DATE 12-15-2016q �F0 CSCALE 1 =200 �F AL SHEET 1 OF 1 Exhibit C Stormwater Pollution Control Devices Stormwater PollutionControl BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By I I13-1 340767090 -117 153914° CFD Yearly Infiltration Basin 2 CB-1 340763120 -117 1539810 CFD Yearly Catch Basin Drain Insert 1 3 CB-2 340764610 -117 153644° CFD Yearly Catch Basin Drain Insert 2 4 CB-3 340769620 -117 153645° CFD Yearly Catch Basin Drain Insert 3 5 CB-4 340771260 -117 1527110 CFD Yearly Catch Basin Drain Insert 4 6 7 8 9 10 Exhibit D BMP Mo | | | -- 'S'AN B[RNARD|N0 AVENUE -- ------ i 53 512 51 50 49 48 55 40 41 42 43 44 45 CB-1 38 37 36 35 34 LOT A 57 33 59 27 28 29 30 31 32 on 25 25 24 zo 22 21 21 62 CHANE COURT- z ~~ w 15 76 17 m \ 19 � � 64 � 13 /2 n ,o o u ELLIOTT COURT- 7 LOT F OT 4)T LOT LOT E C, LOT . ~.,~.L`~, ,E`"=_ _ _ _ _ _ . .