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Home My WebLink AboutContracts & Agreements_143-2018RECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMENT TO NAME City Clerk, City of Redlands STRUT ApPfiE55 P O BOX 3005 V17s E " I M Redlands CA 92373 MIME FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino 711BI2018 03 59 PM BOB DUTTON FV T ASSESSOR RECORDER CLERIC 367 City of Redlands Clerk i�k DOc# 2018-0262102 Thies 1 Pages 11 Fees 011 Taxes 00 CA SB2 Fee 00 Others 00 Paid 00 SPACE ABOVE FOR RECORDER'S USE ONLY Stormwater Treatment Device Access Agreement Title of Document R r yH✓ F � ,. Y� P.ti DER°S THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3 00 Additional Recording Fee Applies) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 SPACE ABOVE THIS LINE FOR RECORDERS USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-062-13, 0292-062-I4 THIS AGREEMENT is made and entered into this 11 � day of U 1�.-1c� , 20 1�, by and between WoodSpring Suites Redlands San Bernardino LLC, a Kansas limitccmiability company ("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 Ownei owns real property ("Property") in the City specifically described ill Exhibits "A" and "B" which are attached hereto and incorporated herein by this reference, and WHEREAS, at the time of approval of the Owners development project commonly known as WoodSpring Suites Redlands at 1700 Orange Tree Lane, Redlands, CA 92374 and filed as CUP #1076 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff, and WHEREAS, the Ownei has chosen to install Vegetated 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 referred to as the Water Quality Maintenance Plan, and City of Redlands Agreemenl Version NOVEMBER 2013 WHEREAS, the Devices being installed on piivate property and draining only private property, are private facilities with all maintenance or replacement therefor being the sole responsibility of the Ownei, 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 propei 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 Owner agree as follows AGREEMENT The Owner hereby provides the City and its designees with full i ight of access to the Devices and the Ownei's Property in the immediate vicinity of the Devices (a) at any time, upon reasonable notice, of (b) in the event of emergency, as determined by the City Enginect with no advance notice, fot 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 fol in Section 3, below The City shall make every effort at all tines to minimize of avoid interference with the Ownet's use of the Property when undertaking such inspections and repairs 2 The Ownet 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 matetrals 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 In the event the Ownei 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 0292-062-13 and 0292-062-14, 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 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 fat the use of in-house counsel by a Party City of Redlands Agreement Verseon NOVEMBER 2013 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 tertmnate 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 6 Time is of the essence in the performance of this Agreement 7 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 Woodspring Suites Redlands San Bernardino LLC City of Redlands c/o Brookwood Hotels P O Box 3005 10801 Monroe Road, Suite B Redlands, CA 92373 Matthews, NC 28105 This Agreement shall be governed by and construed in accordance with the laws of the State of California 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 aul W Foster, Mayor Attest J e Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 OWNER. l Ziggy Clayton, Seni r Vice resident WoodSprmg Suites Redlands San Bernardino LLC, a Kansas limited liability company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 "... -.n �`ti;^<: +.--"c;�-�;rti.J'�;�^�: ^..."C.^2.•^,.:rC ;-G✓-,C,�L - -- - - - - . �'.G,')C%L`.C�itii'C�C�.G�.�•C`.e:t)e-�^.c�C`.c-�G`.e�C.el'.c:C,c�C)c: C`.e 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 Be�}r�na�rrdino } On��Lo t-14JCJtU before me, Heather MacDonald, Notary Public Date Here Insert Name and Title of the Officer personally appeared Paul W Foster and Jeanne Donaldson Names of Signeto, who proved to me on the basis of satisfactory evidence to be the per so s whose name is/ e subscribe to the within instrument and acknowledged t me that he/sh executed the same his/her/authorized capacity,{sand that by his/her/# signaturees on the instrument the perso s} or the entity upon behalf of which the persoq@ acted, executed the instrument �aaoaa0000a00000a0000000�ya��xaaaaoaao �� ..HEATHER MACDONAL61 5M # 2216458 S RRY�P(1WG-C�WFQRNIA R gg BERNARdINp C�CIAIiY gg� i3oaaa0000aooa000000a�aaa aoac�ao a otaab I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS&handand. official se Signature Signature of ary ublrc 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 D�nt�- 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 ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other Signer Is Representing 02016 National Notary Association www.NationalNotaryorg 1 -800 -US NOTARY (1-800-876-6827) Item #5907 STATE OF NORTH CAROLINA ) ss COUNTY OF MECKLENBURG ) On this �` day of JW 20 lY , before me a notary public in and for said County and State, personally appeared Ziggv Clayton, Sr Vice President, on behalf of WoodSpring Suites Redlands San Bernardino LLC, a Kansas limited liability company, to me personally [mown to be the same person who executed this instrument IN WITNESS WHEREOF, 1 have hereunto set my hand and Notarial Seal on the day and year above wt itten My Commission Expires 4/= t N ary P blic Notary Public Notary Seal Mecklenburg County My Comm Exp 03 19 2023 CA Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS PARCELS I AND 2 OF PARCEL MAP 8132, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 93 OF PARCEL MAPS PAGES 45 AND 46, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APN 0292-062-13 0 000, 0292 062-14-0-000 Exhibit B Exhibit C Stormwater Pollution Control Devices VEGETATED INFILTRATION BASIN LAT 34 04'5.39 N LONG 117 12'46.55"W Exhibit D BMP Location Map AO�ACCVT PfICPE(IFY 3 ACSACMITARCPCRT S3 TRASH ENCLOSURE \ ' �" (. ❑::, urns r, .e w � DMA 1A OUTLET \ ♦ AWAC¢H o-aoaeary A* , R / //OR NNf,[- TRFI- I N �� i� WATER QUALITY LEGEND \ \ I A DRAINAGE AREA DESIGNATION ` \ \ 268 DRAINAGE AREA SIZE (ACRES) Ai PROP STRUCTURAL BMP SITE OUTLET J DMA 2A OUTLET EXIST DRAINAGE FLOW DIRECTION SEE SECTION A A ON SHEET HYD104 N PROPOSED PROPOSED I CURB � PROP DRAINAGE FLOW DIRECTION LANDSCAPE PAVEMENTDMA AREA BOUNDARY C PER PLAN E: WQMP INFORMATION PROP INFILTRATION BASIN (0.32 AC) LAND USE RETAIL SUITABILITYIFEASIBILITYCONSTRAINTS NONE LANDSCAPE CURB DETAIL PROP LANDSCAPE AREA {0.56 AC) NOT TO SCALE — — — — — SITE BOUNDARY «7 REDLANDS CA 92374 oRAvr SO "'- E N — P -U6-112 Woodsprings Rodlands%Drawings%Exh€bi1s%16112hyd103-WOMP Plan.dwg Jun 91 2018 5:25pm 0 aYy"_�, . \\ PROPOSED HOVEL iS .; — 1 _ _ S \ ..�-.. x12}057 F ♦\ FFA X213 5' 140 , R / //OR NNf,[- TRFI- I N �� i� WATER QUALITY LEGEND \ \ I A DRAINAGE AREA DESIGNATION ` \ \ 268 DRAINAGE AREA SIZE (ACRES) Ai PROP STRUCTURAL BMP SITE OUTLET J DMA 2A OUTLET EXIST DRAINAGE FLOW DIRECTION SEE SECTION A A ON SHEET HYD104 N PROPOSED PROPOSED I CURB � PROP DRAINAGE FLOW DIRECTION LANDSCAPE PAVEMENTDMA AREA BOUNDARY C PER PLAN E: WQMP INFORMATION PROP INFILTRATION BASIN (0.32 AC) LAND USE RETAIL SUITABILITYIFEASIBILITYCONSTRAINTS NONE LANDSCAPE CURB DETAIL PROP LANDSCAPE AREA {0.56 AC) NOT TO SCALE — — — — — SITE BOUNDARY «7 REDLANDS CA 92374 oRAvr SO "'- E N — P -U6-112 Woodsprings Rodlands%Drawings%Exh€bi1s%16112hyd103-WOMP Plan.dwg Jun 91 2018 5:25pm 0 Dafns nnnn fnv Exhibit D PROPOSED 24" PLANTINGS HARDWOOODD MULCH GRATE INLET 3" NONPLANTS NATIVE TO PROJECT SITE U COVER OR CITY JENSEN D1203NB SHALL BE USED PLANTS SHALL BE APPROVED EQUIVALENT OR EQUIVALENT ABLE TO WITHSTAND PERIODS OF 71• A SATURATION AND DROUGHT 56' PROPOSED N V -GUTTER 3 3 I—��_;_I_�- ISI I = ; I I—I I —I I— /ENERGY DISSIPATION APRON CORE AND PLACE 15" HDPE 24" ENGINEERED SOIL BIORETENTION PIPE WITH NON SHRINK "ENGINEERED SOIL" LAYER SHALL BE MINIMUM GROUT TO CONNECT 24' DEEP "SANDY LOAM" SOIL MIX WITH NO TO 36" PARKWAY DRAIN MORE THAN 5% CLAY CONTENT THE MIX SHALL PER SPPWC STD PLAN 151-2 CONTAIN 50 60%fl SAND, 20-30% COMPOST, AND (SEE BELOW) 20-30% TOPSOIL, FREE OF STONES, STUMPS, 36" X 36" X 6" ROOTS, OR SIMILAR OBJECTS AND ALSO FREE (314" CRUSHED ROCK) OF NOXIOUS WEEDS SECTION A -A VEGETATED INFILTRATION BASIN 24 GRATE INLET STRUCTURE JENSEN D1203NB OR EQUIVALENT PROPOSED SURFACE –\ 15" HDPE PIPE , PROPOSED 8" CURB MEANDERING SIDEWALK 112" LIP 36" PARKWAY DRAIN STRUCTURE PER SPPWC STD PLAN 151-2 \� �X INV 1206 68' CURB OUTLET SITE I TITLE WOODSPRING REDLANDS CONSULTING 1PROJECT ADDRESS ENGINEERS 1700 ORANGE TREE LN 4 HHTTON CENTRE DRIVE .11E V1 SOUTH COAST METRO CA -111 REDLANDS, CA 92374 PHONE 9403S5I IGI INV 1206 71' DETAILS DRAWN CHECKED REV SQ EN A a ELEV ±1206 75' 16-112 SHEET HYD104 DATE SCALE V = 5' 12/21/2017 5 City of REDLANDS PAULTOOR Director Incorporated 18M SAVAT KHAMPHOU Municipal Utilities & Engineering Department Deputy Director 35 Cajon Street, Suite 15A Redlands, CA 92373 909-798-7698 MEMORANDUM DATE JULY 16, 2018 TO JEANNE DONALDSON, CITY CLERK FROM ALAN COLLETT, SENIOR CIVIL ENGINEER lq:�L SUBJECT STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT FOR CUP NO 1076 - LOCATED AT THE NORTHWEST CORNER OF ORANGE TREE LANE AND PLUM LANE Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for CUP No 1076 - Located at the northwest corner of Orange Tree Lane and Plum Lane As authorized by Resolution No 6394, adopted by City Council on May �17, 2005, please have the Mayor and City Clerk execute the Agreement and have it recorded Please forward a copy of the recorded Agreement to the Municipal Utilities and Engineering Department for our records TTF akc R rig nrn6 ^AUnTlWWo,M^