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Home My WebLink AboutContracts & Agreements_54-2017 Electronically Recorded in Official Records,County of San Bernardino 4/0312017 BOB DUTTON A 13 PM ALS ASSESSOR RECORDER CLERK RECORDING REQUESTED BY '° 367 City of Redlands Clerk AND WHEN RECORDED MAIL TO Doc# 2017-0138400 Titles 1 Pages 8 CITY CLERK Fees 00 CITY OF REDLANDS Taxes 00 P O BOX 3005 other 00 REDLANDS, CA 92373 PAID 00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE MIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessoi's Parcel Number(s) 0167-071-33 THIS AGREEMENT is made and entered Into this day of f 2017, by and between Starlite Mgint-17, L P ("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 Tract 17022, northeast corner of Texas St and Ploneei Ave and filed as Tract 17022(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 catch basin inserts and an underground infiltration basin (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 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 Starlite Mgmt-17, L P agree as follows AGREEMENT 1 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 No 0167-071-33, 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 City of Redlands Agreement Version NOVEMBER 2013 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 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 Starlite Mgmt-17, L P City of Redlands C/o PAMA Management P O Box 3005 4900 Santa Anita Ave Ste 20 Redlands, CA 92373 El Monte, CA 91731 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 OWN 'i k Paul W Foster, Mayor Starlite Mgmt-17, L P By Everet Miller Attest Deanne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 ALL CAPACITY ACKNOWLEDGMENT 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 J STATE OF CA(-fe-de COUNTY OF LOS 4&)GE(-f5 On MA'eCff l-7 7017 before me, I 4Af5L '5T -f POSL/C (DI) (Name and title of the officer) personally appeared l Vr-1?9T AA 1 I LF, (Name o person signing) who proved to me on the basis of satisfactory evidence to be the person�a`j whose name(,i j is/aA subscribed to the within instrument and acknowledged to me th t he/$tKe/tp4 executedd the samein his/Wr/ r authorized capacity(), and that by his/fir/ dir signature(,$)on the instrument the persor}{3` , or the entity upon behalf of which thhe personXacted, 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 my hand and official seal MICHAEL J GARCIA Notary Public California Z Los Angeles County Commission # 2165181 r My Comm Expires Oct 18 2020 jZreof officer (Seal) Rev 01/01/2015 Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA, AND IS DESCRIBED AS FOLLOWS Parcel 2 of Parcel Map No 7384, in the City of Redlands, County of San Bernardino State of California, as per map recorded in Book 75, Page 77, of Parcel Maps, in the office of the County Recorder of said County APN 0167-071 33 0 000 PLA F MAP APN 01 G7-871 7 APN O I G7 871-25 J APP O I G7-871-2G 5b5';2`2 7 267 15' I LOT I 23 I fC' I430 1 1 , / N, 4 I i ALANA COURT PROPOSED I '� � I RAV/TRACT 430 $ I BOUNDARY � � � �I _ I Ar-'N 0 G-7-Orn 1 2 12 I � ( I LOT 1 LOT I I I 'B, j 'AoIL v--4 4 4 4'L-1 I o/ 11' I i 7 I I / � J � Ex15TiNG RAA/ N4500454'IN'_ I J 25 37' -- 23G G4` 35,i "\--lPOP05v 65' `- -RAt;TRACT 60U�IOA21' C _ /W- PIONEER 0' AVENUE Ed85°523G"VV ffX15TING RAV- 30' A"I - O 16,-00 i-05 0 ` _O ars Z Lnu, Lr) z ut (Y) IL 0 o 0 5C ALL "=(50' Exhibit C Stormwater Pollution Control Devices Stormwater Pollution i Devices BMP BMP or Pollution Control Maintenance # Device Latitude Longitude provided By Frequency Underground Infiltration Basin 34 081978 -117 19088 CFD At beginning I of the wet/dry seasons Catch Basin Insert 3408226 -117 19088 CFD Prior to Rainy 2 Season/ Every 3 Months Catch Basin Insert 34 082109 -117 19088 CFD Prior to Rainy 3 Season/ Every 3 Months 4 5 6 7 8 9 10 BMP or Pollution Control Device Enter BMP designation and description (ie TC-10, Infiltration Trench) Latitude Eritei Latitude to S decimal places in decimal degree format (DD DDDDD) Longitude Enter Longitude to 5 decimal places in decimal degree format (DD DDDDD) Maintenance provided By Enter name of individual or entity responsible for maintenance and record keeping for this project Frequency Enter the frequenev of mainuenance for this BMP, EXHIBIT 'D' BMP LOCATION MAP BMP #2 CATCH BASIN BMP #3 APN INSERT CATCH BASIN 01 67-87 I -4 I INSERT NI JAFF'NOICG7-671 -25 APN 0 1 67-87 1 -26 W ...... . ...... - W _ ... ... DRAINAGE AREA I - BMP #I LOT _ 2 UNDERGROUND I ,C7 1 3 INFILTRATION BASIN AREA=143,755 SF �y %IMPERVIOUS=0.45(ASSUME q 50%ON PRIVATE LOTS) DCV=5,151 CFZlCUURT VINFILTRATION BASIN-6,226 CF u I � ' 12 APN 01 67-06 1 -25 Ln �I 6 �a �a o LOT „ r ' LOT ! B 'A' Q 10 W' IONNRX*K*kE Ln — — —` — / N `. Al APN 0 0 O 0 — O 167-09 I -05 ZIn In zIn zIn ZIIj 5CALE I "=80' 0 0 0 0 0