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Home My WebLink AboutContracts & Agreements_200-2018RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P 0 BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records County of San Bernardino 1012412018 -sem BOB DUTTON C Dfi PMCA ASSESSOR RECORDER CLERK 367 City of Redlands Clerk Doc# 2018-038892 9 Titles 1 Pages 11 Fees 00 Taxes 00 CA SB2 Fee 00 Others 00 Paid 00 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Numbers) 0171-011-38 0171-011-40 0171-011-43 0171-011-47 0171-011-56 0171-011-61 0171-011-62 THIS AGREEMENT is made and entered Into this alp day of �o�r , 20A, by and between NYS North, LLC, A California 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 Parking Lot — 1107 W Park Avenue, Redlands CA 92373 and filed as CRA #904 and ZC #460 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants In urban stormwater runoff, and City of Redands Agreement Version NOVEMBER 2013 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER 5 USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0171-011-38 0171-011-40 0171-011-43 0171-011-47 0171-011-56 0171-011-61 0171-011-62 THIS AGREEMENT is made and entered into this _aN day of C)E;h\o(?JC- , 20_Q, by and between NYS North, LLC, A California 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 Parking Lot — 1107 W. Park Avenue, Redlands CA 92373 and filed as CRA #904 and ZC #460 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff, and City of Rediands Agreement Version NOVEMBER 2M WHEREAS, the Owner has chosen to install Pervious Concrete Pavement (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 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 NYS North, LLC, A California limited liability company 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, foi 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 tunes 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. City of Redlands Agreement Version NOVEMBER 2013 4 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0171-011-38, 0171-011-40, 0171-011-43, 0171-011-47, 0171.011-56, 0171-011-61, 0171-011-62, 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 Tlus 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 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 S 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 Donald J Berry, Jr City of Redlands NYS North, LLC, a California limited liability company P O Box 3005 P O Box 7538 Redlands, CA 92373 Redlands, CA 92375 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 City of Redlands Agreement Vernon NOVEMBER 2013 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS NYS NORTH, LLC a California limited liability company Paul W Foster, Mayor Attest Je e Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 By Its Manager Judson & Brown, LLC a Nevada limited liability Company Donald J Berry, Jr ,ager 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 Ontlkbec0%. IS before me, Heather MacDonald, Notary Public , 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 per so $ whose name is/ re subscribed to the within instrument and acknowledged ne that he/she/ a executed the same in his/her/ eir uthorized capacity(ies), and that key his/her/ heirfignature(s) on the instrument the persorSO or the entity upon behalf of which the perso s)>cted, executed the instrument Qoocol000000000000ww000aaaoo 000000c000a000000 -:. HEATHER MACDONAM R COMM. # 2216458 s U NOTARY PUBLIC -CALIFORNIA R pppt + SAN BERNARDINO COUNTY S1 OOp000DWOO GO 60D0my � ODO0 00 p� 000oDO000D00000 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS mt hand and official seal 14 0 1 Signature Signature o tary u lic Place Notary Seal Above OPTIONAL Though this section 1s optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached D cument Title or Type of Document c— r 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 ❑ Other Signer Is Representing 02016 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE 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 August 30, 2018 before me, Veronica Burgess, Notary Public Date Here Insert Name and Title of the Officer personally appeared Donald J Berry, Jr Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the per,5�0nKwhose name(s)' is/tea' subscribed to the within instrument and acknowledged to me that he/she/*ey executed the same in his/fief/theKauthonzed capacity(p), and that by his/W/their signature(s) on the instrument the persoR(s�), or the entity upon behalf of which the person(s) acted, executed the instrument VERONICA BURGESS Notary Public California z San Bernardino County z Commission # 2171206 My Comm Expires Nov 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 a d an fficial seal Signatu Signature of Nota ublic 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 Capaclty(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ Gene ❑ Individual ❑ Attorn Fact ❑ Trustee than or Conservator ❑ Other Signerepresenting Docu 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 NationalNotary 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 EAST HALF OF THE NORTHWEST QUARTER OF BLOCK 26 OF THE BARTON RANCH MAP, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 6 OF MAPS, AT PAGE 19, BOTH MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID BLOCK 26 AND THE SOUTHERLY RIGHT OF WAY LINE OF PARK AVENUE AS SHOWN ON RECORD OF SURVEY 06-028 FILED IN BOOK 127 OF RECORDS OF SURVEY AT PAGE 43 IN THE OFFICE OF SAID COUNTY RECORDER, THENCE SOUTH 89°55'43" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF PARK AVENUE A DISTANCE OF 330 42 FEET TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID BLOCK 26, THENCE SOUTH 00°43'48" EAST ALONG THE SAID WEST LINE A DISTANCE OF 564 88 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN 100 FOOT WIDE STRIP OF LAND, AS DESCRIBED BY DEED RECORDED JANUARY 31, 1974, IN BOOK 7174 PAGE 406, AND AS DESCRIBED BY DEED RECORDED APRIL 4, 1968, IN BOOK 7003, PAGE 462, BOTH OFFICIAL RECORDS FOR SAID COUNTY, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS 953 00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 12°16'22" EAST, THE FOLLOWING TWO COURSES ARE ALONG SAID NORTHERLY LINE. THENCE NORTHEASTERLY ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 7041'37", AN ARC LENGTH OF 127 97 FEET, THENCE NORTH 70002'01" EAST A DISTANCE OF 219 33 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID BLOCK 26, THENCE NORTH 00043'35" WEST ALONG SAID EAST LINE A DISTANCE OF 454 89 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF PARK AVENUE, SAID POINT BEING THE POINT OF BEGINNING CONTAINING 3 89 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEG DESCRIPT N WAS PREPARED BY ME OR UND MY �o-rZ Isa 4RIHARDS ONG P L S 8N DATE Page 1 of 1 N,l. LA 3G �5 �o s a0 �� yG O 0- No 8422 j0 QOF CAI -%f0_ / EXHIBIT "B" N� `mak PARK AVENUE — S89 55'43"W 330 42' N n POINT OF BEGINNING SH EET 1 OF 1 PORTION OF THE NORTHWEST QUARTER OF BLOCK 26 OF BARTON RANCH BOOK 6 OF MAPS, PAGE 19 OR. O�N N"1 20g 33 S1216'22"E R) 92� NE pER p��pS A e� io PpRp P P�� R oK yo — A96g 0 O 4b /o- !z- (e RI HARD S URLONC, P L S 422 DATE �S\ONO�SLA �L 0� N O 8422 L� IFS — INDICATES EASEMENT AREA kEol" CASC Engmeenng and Consulting 1470 EAST COOLEY RIE. CUM CA 92724 PH (909) 783-0101 Qcs I C5 0 �q CNS ryory� O A, -0) Opp ry�p ��0rypCID�p °° w �L~np� cnwco O 2 c�g0 �,� 0po , �m X� — W � � Q 0 N 2 0 0'T'Z" r-Z� 0000 -z-J �4Z7 N in r7 L,.l U7 „ , Zwv SCALE 1= 100 �wm Ln <c=p=0 0y0 Z �F-M ?X � wzC) �}.- 0 af v~i-j¢ o 3=a (t) PORTION OF THE NORTHWEST QUARTER OF BLOCK 26 OF BARTON RANCH BOOK 6 OF MAPS, PAGE 19 OR. O�N N"1 20g 33 S1216'22"E R) 92� NE pER p��pS A e� io PpRp P P�� R oK yo — A96g 0 O 4b /o- !z- (e RI HARD S URLONC, P L S 422 DATE �S\ONO�SLA �L 0� N O 8422 L� IFS — INDICATES EASEMENT AREA kEol" CASC Engmeenng and Consulting 1470 EAST COOLEY RIE. CUM CA 92724 PH (909) 783-0101 Exhibit C Storinwater Pollution Control Devices Stormwater PollutionControl BMP # BMP or Pollution Control Latitude Longitude Maintenance Frequency Device Provided By Prior to Rainy SD -20 NYS North, Season, 48 hours DMA -A Pervious Concrete 34 05902 -117 19847 after ram events, Pavement LLC Vacuum sweep twice per year min Prior to Rainy SD -20 NYS North, Season, 48 hours DMA -B Pervious Concrete 3405881 -11719847 after rain events, Pavement LLC Vacuum sweep twice per year min Prior to Rainy SD -20 NYS North Season, 48 hours DMA -C Pervious Concrete 3405857 -11719847 ' after rain events, Pavement LLC Vacuum sweep twice per year mm Prior to Rainy SD -20 NYS North, Season 48 hours DMA -D Pervious Concrete 3405837 -11719847 after rain events, Pavement LLC Vacuum sweep twice per year mm Prior to Rainy SD -20 NYS North, Season, 48 hours DMA -E Pervious Concrete 34 05817 -117 19859 after rain events, Pavement LLC Vacuum sweep twice per year min Prior to Rainy SD -20 NYS North Season, 48 hours DMA -F Pervious Concrete 34 05806 -117 19828 after rain events, Pavement LLC Vacuum sweep twice per year min Prior to Rainy SD -20 NYS North, Season, 48 hours DMA -G Pervious Concrete 34 05787 -117 19881 after ram events, Pavement LLC Vacuum sweep twice per year mm Stormwater PollutionControl ' Prior to Rainy SD -20 Season, 48 hours DMA -H Pervious Concrete 3405891 -117 19892 NYS North, after rain events, Pavement LLC Vacuum sweep twice per year min Prior to Ramy SD -20 NYS North, Season, 48 hours DMAJ Pervious Concrete 3405853 -11719892 after rain events, Pavement LLC Vacuum sweep twice per year min Prior to Rainy SD -20 Season, 48 hours DMA -K Pervious Concrete 34 05809 -117 19892 NYS North, after ram events Pavement LLC Vacuum sweep twice per year rein EXHIBIT D -- BMP LOCATION MAP PARK AVENUE x INDUSTRIAL/COMMERCIAL NOT A PART j= DMA -G NN�1 GRAPHIC SCALE 0A G�Pr 60 0 60 120 240 M��Sz6w m 1" = 60 City of = ¢ REDLANDS PAUL Direcctortor Incorporated 1888 SAVAT KHAMPHOU Municipal Utilities & Engineering Department Deputy Director 35 Capon Street, Suite 15A Redlands, CA 92373 909-798-7698 MEMORANDUM DATE OCTOBER 22, 2018 TO JEANNE DONALDSON, CITY CLERK FROM ALAN COLLETT, SENIOR CIVIL ENGINEERL SUBJECT STORMWATER TREATMENT DEVICE ACCESS AND MAINTENANCE AGREEMENT FOR CRA NO 904 - LOCATED AT THE 1107 WEST PARK AVENUE Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement for CRA No 904 - located at the 1107 West Park Avenue 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 �e rrns ^AfryTauwoRn^