HomeMy WebLinkAboutContracts & Agreements_33-2018RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
Electronically Recorded in Oficial Records, County of San Bernardino
BOB DUTTON
6c �RT y
ASSESSOR - RECORDER -CLERK
367 City of Redlands Clerk
Doc# 2018-0066108 Titles
Fees
FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
Taxes
CA 582 Fee
Others
Paid
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0172-131-23
THIS AGREEMENT is made and entered into this2ZNb day of FG2&4h�j , 206 by
and between Redlands Community Hospital ('`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 Emergency Department Remodel on 350 Terracina Boulevard, Redlands Ca 92373 and filed as
CUP 355 (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 Bioinfiltration Basin and Vegetated Swale
(the "Devices") to minimize pollutants in urban stormwater runoff; specifically described in Exhibit
"C" and shown in Exhibit "Di" 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 referred to as the Water Quality Maintenance Plan; and
City of Redlands
Agreement Version NOVEMBER 2013
2!23!2018
01:36 PM
KE
Pages
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 Redlands Community Hospital 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 identifyi rig 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. 0172-131-23, 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 Parry.
It is the intent of the Parties that the burdens and benefits herein undertaken shall constitute
equitable servitudes that ran 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
City Engineer
City of Redlands
P.O. Box 3005
Redlands, CA 92373
• TOWN
Redlands Community Hospital
Harvey Hansen, Vice President of
Professional and General Services
350 Terracina Blvd.
Redlands, CA 92373
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:
�PaulW. Foster, Mayor
Attest:
ki6ine Donaldson, City Clerk
City of Redlands
Agreement Version NOVEMBER 2013
OWNER:
Redlands Co unity Hospital
Harvey Hansen, Vice President of
Professional and General Services
ALL- PURPOSE
CERTIFICATE OF 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.
State of California
County of San Bernardino
On /(W� 1lxlD before me, Angela Frame, Notary Public ,
ere insert name an 4t e o t e o cur
personally appeared WaNeq i' S
r
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name() Is re subscribed to the within instrument and acknowledged to me that
�helthey executed the same in Is erltheir authorized capacity(ies), and that by
Is erltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) 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.
AHGE5 FRAME it
WITNESS my hand and official seal. COMM. #2205487 z
0 Notary Public - California O
Z sari Bernardino county
Comm. Ex fres Aug. 12, 2021
Notary'Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(4e or description of attached dpcumont)
��e S S CL YI d N45 i �-}
(Title or description of attached document continued)
Number of Pages 3 Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
lV C, QrRorat Officer
�i�P�,�i-�vt-t
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
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State of California )
County of . ' " n acA-1 y -i V )
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--------------------
DIANA RAINS
Notary Public - California
San Bernardino County
Commission #r 2175775
My Comm. Expires Dec 16, 2020
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
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Exhibit A
Legal Description
BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 7782, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 78 OF PARCEL MAPS, PAGES 50 AND 51, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY
SHOWN ON EXHIBIT "B", ATTACHED HEREWITH.
EXHIBIT
PLAT MAP
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SCALE: 1"=200'
PREPARE] BY:
GATE: 02.07-2017
MATTHEW C.
HICKS
Exhibit C
Stormwater Pollution Control Devices
BMP
BMP or Pollution Control
Latitude
Longitude
Maintenance
Frequency
#
Device
Provided By
Bioinfiltration Basica
34.037175
-117.20494
CFD
Yearly
1
Vegetated Swale
34.037133
-117.20507
CFD
Yearly
2
3
4
5
6
7
8
9
10