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HomeMy WebLinkAboutContracts & Agreements_144-2018RECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED (NAIL DOCUMENT TO NAME City Clerk, City of Redlands ET ADDRE55 P 0 BOX 3005 �D CITY STATE& z[r cooE Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino 711 812 01 8 BOB DUTTON FV PM FV ASSESSOR RECORDER CLERK 367 City of Redlands Clerk DOC# 2018-0262024 tiles Pages 11 Fees 00 Taxes 00 CA 5132 Fee 00 Others 00 Paid 00 SPACE ABOVE FOR RECORDER'S USE ONLY Stormwater Treatment Device Agreement Title of Document iTHH11 AFS 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 RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-155-05, 0292--155-13, and 0292-155-14 THIS AGREEMENT is made and entered into this day of l , 20 e, by and between Weiss Family Limited Partnership, a California limited partnership (`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 Redlands Industrial Complex (614, 624, & 634 Nevada Street) and filed as CRA 891 (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 Bioretention Area (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 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 City of Redlands Agreement Version NOVEMBER 2013 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 Iocal 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 Weiss Family Limited Partnership 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 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 Nos 0292-155--05, 0292- 155-13, and 0292-155-14, 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 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 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 Parry City of Redlands Agreement Version NOVEMUR 2M 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 Time is of the essence in the performance of this Agreement 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 OWNER Aaron Weiss, Officer Weiss Family Limited Partnership, a California limited partnership 150 N San Gabriel Blvd, Ste 700 Pasadena, CA 91107 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 Weiss Family Limited Partnership, a Cahfornia limited partnership Attest 7 ne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ::�: �:C`.t,�c� �c,•t>c=!' : r�,rc�c;C`,c:t^.c!'c; f'�; C�.c{�s!',ccc; ^,cC'�c: ^,c; C',c:rc{`,c�C',,r�c;C)cCSc�.c�C�s��cS'�.c�'�L,c:C,c�C.c�.c�.4;�,c1`s�.1c.��.1�'.cf� 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 SIS I_� before me, Heather MacDonald, Notary Public 1 Date Here Insert Name and Title of the Officer personally appeared Paul W Foster and Jeanne Donaldson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoQ whose nam (s 4s are subscribed to the within instrument and acknowledged0ei e that h /she/,t a executed the same his/her/ eir uthorized capacity es and that his/her/ignatur (s on the instrument the perso s), or the entity upon behalf of whit a perso (s) acted, executed the ins rument p000000000000000000000000000000000m000000a00000 o HEATHER MACOONALD R COMM # 2216458 R SABtARY RNARDINOCOUNTY U 000000 0000fl000oo00000� ppm Ooo 004,7 000000poo0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS hand and official ea Signature Srgnatur df 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 Signer(s) Other Than Named Above Capacity(les) Claimed by Signers) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Number of Pages Signer's Name ❑ Corporate Officer — Title(s). ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02016 National Notary Association - www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) item #5907 California 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 ss County of Los Angeles On-:] — 1D - `(?) before me, SYBIL JANELLAABRAMS, NOTARY PUBLIC, personally appeared X-?y „SS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(les), and that by his/her/their 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 S"BIt.JANc"# tAABR1M5 Notary Pu11 - Ca!'`�rnia WITNESS my hand and official seal LoskceesCoLnie Corrmr_son x 2161x14 HY Comm Expires Auc 4 2020 Agnre of Notary Public seal – - - - - --- – - – — – – OPTIONAL INFORMATION– – Although the information in this section is not required by law, if could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons on the attached document Description of Attached Document The preceding Certificate of Acknowledgment 1s attached to a –� I document titled/for the purpose of Z"�.Ni LACE @, Containing_ pages and dated TOAL ENGINEERING, 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 2-8586 FAX 9) �(9449) 9498 8625 PARCEL1 JOB 17067 WEISS FAMILY TRUST, LLC INC. SHEET NO 1 OF 2 92672 CALCULATED BY LLC DATE 07/06/2018 CHECKED BY ---=- DATE SCALE EXHIBIT 'A' - LEGAL DESCRIPTION STORMWATER TREATMENT MAINTENANCE AGREEMENT 614, 624, & 634 Nevada Street Redlands, California THAT PORTION OF THE NORTHWEST QUARTER OF BLOCK 11 BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID BLOCK 11, SAID POINT OF BEGINNING BEING 665 85 FEET NORTH OF THE SOUTHWEST CORNER OF BLOCK 11 AND RUNNING THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF SAID NORTHWEST QUARTER OF SAID BLOCK (BEING 91 °15' NORTH) 326 70 FEET TO THE TRUE POINT OF BEGINNING, THENCE WEST 120 FEET ALONG THE SOUTH BOUNDARY LINE, THENCE NORTH 110 FEET, PARALLEL WITH THE WEST LINE OF SAID BLOCK TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT SOUTH 20 FEET FROM THE SOUTH LINE OF THE PROPERTY CONVEYED TO FRANK M NEU AND WIFE BY DEED RECORDED FEBRUARY 23, 1944 IN BOOK 1662, PAGE 436, OFFICIAL RECORDS, THENCE WEST ALONG SAID PARALLEL LINE 206 70 FEET MORE OR LESS TO THE WEST LINE OF SAID BLOCK THENCE NORTH 20 FEET ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO FRANK M NEU AND WIFE, THENCE EAST, 326 70 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID NEU PROPERTY, THENCE SOUTH,130 FEET, MORE OR LESS, TO THE POINT OF BEGINNING PARCEL 2 THAT PORTION OF THE NORTHWEST QUARTER OF BLOCK 11 BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6, PAGE 19 OF MAPS,RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID BLOCK 11, SAID POINT OF BEGINNING BEING 665 85 FEET NORTH OF THE SOUTHWEST CORNER OF BLOCK 11 AND RUNNING THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF SAID NORTHWEST QUARTER OF SAID BLOCK (BEING 91 °15' NORTH) 326 70 FEET TO STAKE, THENCE NORTH 130 FEET TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO FRANK M NEU AND WIFE BY DEED RECORDED FEBRUARY 23 1944 IN BOOK 1662, PAGE 436, OFFICIAL RECORDS, THENCE WEST ALONG THE SOUTH LINE OF SAID PROPERTY (88°45' NORTH) 326 70 FEET, TO THE WEST BOUNDARY LINE OF SAID NORTHWEST QUARTER OF SAID BLOCK, THENCE SOUTH ALONG SAID LAST MENTIONED BOUNDARY LINE, 130 FEET TO THE THE POINT OF BEGINNING EXCEPT THAT PORTION CONVEYED TO W H BRANSCUM AND WIFE BY DEED RECORDED APRIL 1, 1960 IN BOOK 5098, PAGE 410, OFFICIAL RECORDS TOAL ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 (949) 492-8586 FAX (949) 498-8625 PARCEL 3 JOB 17067 WEISS FAMILY TRUST LLC SHEET No 2 OF 2 CALCULATED BY LLC DATE 07/10/2018 CHECKED BY — DATE SCALE EXHIBIT 'A' - LEGAL DESCRIPTION STORMWATER TREATMENT MAINTENANCE AGREEMENT 614, 624, & 634 Nevada Street Redlands California 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 THE NORTHERLY 70 FEET OF THE FOLLOWING DESCRIBED PROPERTY BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF BLOCK 11, OF THE BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY (SAID POINT OF BEGINNING BEING 665 85 NORTH OF THE SOUTHWEST CORNER OF SAID BLOCK 11) AND RUNNING THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF THE SAID NORTHWEST QUARTER OF SAID BLOCK (BEING 91'15' NORTH) 326 70 FEET TO A STAKE, THENCE NORTH 200 FEET TO A STAKE, THENCE WEST (88°45' NORTH)326 70 FEET TO THE WEST BOUNDARY LINE OF SAID NORTHWEST QUARTER OF SAID BLOCK, THENCE SOUTH ALONG SAID LAST MENTIONED BOUNDARY LINE TO THE POINT OF BEGINNING Also as shown on Exhibit 'B' attached hereto and by this reference made a part hereof TCAL ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 86 FAX 498E (949) 9 58625 JOB 17067_WEISS FAMILY TRUST, LLC SHEET NO OF CALCULATED BY LLC DATE 07%06/2018 CHECKED BY — DATE SCALE 17=60' EXHIBIT 'B' - SKETCH TO ACCOMPANY LEGAL DESCRIPTION STORMWATER TREATMENT MAINTENANCE AGREEMENT 614, 624, & 634 Nevada Street NEVADA STREET Redlands, California WEST LINE OF NW QUARTER BLOCK 11 NORTH 665 80' 200 00' 11000, — ! 20' , — 70 00— 4658' f 1 >m0 0;7 G) 2 d m2 i r-ZO D -� b tv Z -n o° Z I D -. ti m� mc.n -� r a of cn ry o rnco l o w 4 > 00 g �W Z 0 (fj N O n cn ;13 ° -,� O I=vz 3N c) rno ° Ri rnoj�nl cn I Cn 4 ! Z i I cn caw _ 20'1 cQ7i t�i oNORTH 110' O J D y -P i 6 Z > W N 70 co o n co N m Ln 130 00' ' r 70 00' ' NORTH 200 00' 1 >mo i) C9 ? O �7 co 72 v° �� ° IOWA STREET lddmbl SCALE 1"=60' 70 0 D IZ O Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution 1 1 Latitude Longitude Maintenance Provided By Frequency 1 INF -3 Bioretention Area 3406139 -11721731 Owner Monthly 2 3 4 5 6 7 8 9 10 TOAL ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 492-8586 FAX9) g (94g498 8625 EXHIBIT 'D' - BMP LOCATION MAP STORMWATER TREATMENT MAINTENANCE AGREEMENT 614, 624, & 634 Nevada Street Redlands, Cahfamia (APT JOB 17067 WEISS FAMILY TRUST, LLC... SHEET NO OF 1 CALCULATED BY ALT DATE . 03/_29/2018 CHECKED BY — DATE SCALE 1"=50' SCALE. Z 1 ,P =50 I I (APN 0292 631-33) omr ffi INF -3 BIORETENTION AREA NEVADA STREET 155 21) City of REDLANDS Incorporated 1888 Municipal Utilities & Engmeering Department 35 Cajon Street, Suite 15A Redlands, CA 92373 909-798-7698 MEMORANDUM DATE JULY 17, 2018 TO JEANNE DONALDSON, CITY CLERK FROM ALAN COLLETT, SENIOR CIVIL ENGINEER PAUL TOOR Director SAVAT KHAMPHOU Deputy Director SUBJECT STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT FOR CRA NO 891 - LOCATED AT 614, 624 AND 634 NEVADA STREET Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for CRA No 891 - Located at 614, 624 and 634 Nevada Street As authorized by Resolution No 6394, adopted by City Councii 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 "MmTgnrWom"