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HomeMy WebLinkAboutContracts & Agreements_151-2018RECORDING REQUESTED BY CITY OF REDLANDS AND WHEN RECORDED MAIL DOCUMFNTTO "AME City Clerk, City of Redlands STREVT ADDRESS P.O BOX 3005 OBE z1PG o,F`a Redlands, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San 3ernardinD 812112018 r' BOB DUTTON 08 10 AM CG ASSESSOR RECORDER CLERK 367 City of Redlands Clerk DOC# 201 8-0304090 Titles 1 Pages 11 Fees RO 1111111111 Jill 1111111111111 Taxes 00 CA S132 Fee 00 Others 00 Paid 00 SPACE ABOVE FOR RECORDER'S USE ONLY Stormwater Treatment Agreement Title of Document 'T' RE �r- 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) 0292-192-17, 0292-192-22 �1 THIS AGREEMENT is made and entered into this day of �- , 202, by and between Balboa Park Properties, LLC, a Nevada limited liability 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 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 Broncs Towing, 380 & 400 Kansas Street, Redlands, CA 92373 and fled as CUP 1062 (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 Infiltration Basins, Depressed Planters, Absorbent Pillows in Existing Catch Basins (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 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 Balboa Park Properties, LLC 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 Nos 0292-192-17 and 0292-192-22, 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 City of Redlands Agreement Version NOVEMBER 2013 entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Parry b 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 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 David Atchley City of Redlands Balboa Park Properties, LLC P O Box 3005 380 New York Street Redlands, CA 92373 Redlands, CA 92373 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 0, C MAN Paul W Foster, Mayor Attest 1__�z __ - - "".� e Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 O WNR 1% " z David Atchley ­` Facilities Manager Balboa Park Properties, LLC A Nevada limited liability company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r■ t.at.a .a .a..a�.a� .a-TYat!a .a�_a .a .a .a .at.a.c�,.s�Lat.c�Z�2�..s�t.s�C.c�t.at� .:� .A .a .a .s..s�•.a..� ..� .cam .s�t.s� .sem .s�t�T..a.. 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 LO n eycna<-�U n� ) On � c)_0 � 1 � before me, Pu LI I C , Date Here insert Name and Title of the Officer personally appeared � G u�1 �� 5\­�- + 'lux f) Ric.)y S��� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persori�Y. whose name6), is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in `'ns/hsr/their authorized capacitXFee�, and that by his/hlsr/their signature(t) on the instrument the personO';, or the entity upon behalf of which the persori acted, executed the instrument DIANA RAINS Notary Public California z San Bernardino County > z con adulon * 2175775 Carnia t x gyres Dec 15.2020 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 r ' 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 S'tDy' fn Wl.'A s— Document Date 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 1LY e rC2. �LCe�S r 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 :�<'•✓<-•✓ ✓[� 'Rl '.Y((Y '.J'�✓.� 'M' erc�.'•✓Svs-el.'al[�'.�'✓,:�<'y'-�.'..r_-''✓S'•y'.�'�.'ti'�.Sv'.\'`'_.a�<`'✓."✓ "�:�'T�,"�-�.''":�.9i_.'.�-�. '� � 1 � • • ' • • • • • • ill � ' � ill � s •i •� 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 San Bernardino } On June 13, 2018 before me, Veronica Burgess, Notary Public , Date Here Insert Name and Title of the Officer personally appeared David Atchley Name(s) of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person whose name) is/y-ee subscr bed. to the within instrume t and acknowledged p me that he/s�/t executed the same in his/he/tl-r authorized capacity(i6s), and that by his/X(er/tear signature on the instrument the person, or the en dly upon behalf of which the person(4 acted, executed the instrument VERCMICA BURGESS Notary Public - California Sin Bernardino County Z commission # 2171206 M Comm Expires Nov 15 2020 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my nd and official seal Signatur Signature of Notary 611c 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 Number of Pages Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer s Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ G, pney`dl [7 Individual El�y Attgin Fact ❑ Trustee -6uardian or Conservator 17Other SignejJ: FGpiresenting Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02014 National Notary Association www National Notary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION WQMP MAINTENANCE EASEMENT ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING A PORTION OF THE SOUTHWEST QUARTER OF BLOCK 21 OF BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 6 OF MAPS, AT PAGE 19, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS DESCRIBED IN GRANT DEED RECORDED FEBRUARY 06, 2017, AS DOCUMENT NO 2017 0053295 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS PARCEL 1 BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 AS SHOWN ON PARCEL MAP NO 1915, FILED IN BOOK 35 AT PAGE 14 OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER, THENCE SOUTH 00032'25" EAST ALONG THE EASTERLY RIGHT OF WAY LINE OF KANSAS STREET BEING 80 00 FOOT WIDE, AS SHOWN ON SAID PARCEL MAP, A DISTANCE OF 213 93 FEET TO THE INTERSECTION OF THE SAID EASTERLY RIGHT OF WAY LINE AND THE NORTHERLY LINE OF THAT CERTAIN 100 FOOT WIDE STRIP OF LAND, AS DESCRIBED BY DEED RECORDED FEBRUARY 28, 1967 IN BOOK 6778 PAGE 477, OFFICIAL RECORDS FOR SAID COUNTY, THE FOLLOWING TWO COURSES ARE ALONG SAID NORTHERLY LINE THENCE NORTH 72038'30" EAST A DISTANCE OF 335 96 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1050 00 FEET, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°31'33", AN ARC LENGTH OF 302 85 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE NORTH 00034'08" WEST ALONG THE EAST LINE OF SAID PARCEL 1, A DISTANCE OF 65 88 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, THENCE NORTH 89059'29" WEST ALONG THE NORTH LINE OF SAID PARCEL 1, A DISTANCE OF 620 03 FEET TO THE POINT OF BEGINNING CONTAINING 177 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LE41EST N WAS PREPARED BY ME OR UND I N RIC ARG P L S 8422 D TE Page 1 of 1 Q-51188-0154 Broncs Tcw nSWAPPINOWQMP EASEMENTIWQMP EASEMENT LEGAL,doc X10 LANA s\ cb Ftp 5 FO, 0 O a No 8422 70 C: Ei EXHIBIT '$B" NORTH LINE OF PARCEL 1 PARCEL MAP NO. 1915 POINT OF ",,---NORTH PARCEL MAP NO 1915 M.B. 35/14 BEGINNING N89 59'29"W 620 03 �j GRANT DEED RECORDED W FEBRUARY 06, 2017, AS DOC N°2' NO 2017-0053295 OR N � w --EASTERLY RIGHT OF WAY LINE Z OF PARCEL MAP NO 1915 o i 335 96 0' IT3830„� PER q�Eg196"1 N NOR�N Eq FE PACE _ REGORD 6l�8, �N gOO�- LEGEND; INDICATES EASEMENT AREA PORTION OF THE NORTHWEST QUARTER OF BLOCK 21 OF BARTON RANCH BOOK 6 OF MAPS, PAGE 19 SHEET 1 OF 1 EAST LINE OF PARCEL 1 NO'34'08"W OF PARCEL MAP NO 1915 65 88 = 33" R}050 00' 0-}6 3} PEED �LNO NORTHERLY LINE PER 1967 FEBRUARY 2, RECORDED S P AGE 477 OR IN BOOK _COUNT SAN NAR 'D NO FLOOD BERCHANNEL CONTROL SCALE 1 80' P�- LA ND 5 cl-� NO 8422 G - t� • l � S RICHARD S FURLONG, P L S 422 DATE £ OF CAS-IF 0 70 Exhibit C Stormwatei Pollution Control Devices Stormwater Pollution11 Devices SMP or Pollution Control Latitude Longitude Maintenance Frequency 7BMP # Device Provided By 1 1A, Depressed Planter 34 05763 -117 20413 Balboa Park Weekly Properties,LLC IB, Infiltration Basin 3405753 -11720426 Balboa Park Before rainy Properties,LLC season, and 2 48 hours after rain events 3 2A, Depressed Plantes 3405729 -11720388 Balboa Park Weekly Properties,LLC 2B, Infiltration Basin 3405724 -11720397 Balboa Park Before rainy Properties,LLC season, and 4 48 hours after rain events 2C, Infiltration Basin 3405717 -11720411 Balboa Park Before rainy Properties,LLC season, and 5 48 hours after rain events 21), Infiltration Basin 3405716 -11720425 Balboa Park Before rainy Properties,LLC season, and 6 48 hours after rain events 3A, Depressed Planter 3405756 -11720405 Balboa Park Weekly 7 Properties,LLC 3B, Infiltration Basin 3405734 -11720420 Balboa Park Before rainy Properties,LLC season, and 8 48 hours after rain events 6A, Absorbent Pillows 3405753 -11720360 Balboa Park Prior to and g Propertzes,LLC after each rain event 6B, Absorbent Pillows 3405742 -11720360 Balboa Park Prior to and 10 Properties,LLC after each rain event EXHIBIT D BMP LOCATION MAP BRONCS TOWING REDLANDS, CA i' �l it LU i LLJ 1A 3A i Q' 1B� �� -- �' 6A■ _ z. 3B 2( ------ 213 2B N Oslo 2D rf 2C Engineering and Consulting 1470 EAST COOLEY DRIVE, COLTON, CA 92324 PH. (909) 783-0101 FAX (909) 783-0108 www cascinc com GRAFHIC SCALE 8o 0 40 80 960 9" = 80' City of REDLANDS PAUL TOOR Director Incorporated 1888 SAVAT KHAMPHOU Municipal Utilities & Engineering Department Deputy Director 35 Capon Street, Suite 15A Redlands, CA 92373 909-798-7698 Jil01►yiIs] 0-11041a]LTA DATE AUGUST 15, 2018 TO JEANNE DONALDSON, CITY CLERK FROM ALAN COLLETT, SENIOR CIVIL ENGINEER SUBJECT STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT FOR CUP NO 1062 - LOCATED AT 380 AND 400 KANSAS STREET Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for CUP No 1062 - Located at 380 and 400 Kansas Street 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 6 "nanRigwom"