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Home My WebLink AboutContracts & Agreements_210-2018RECORDING REQUESTED BY AND WHFN RFCORDFD MAII TO CI I Y CLERK CITY OF REDLANDS P 0 BOX 3005 REDLANDS CA 92373 FEES HOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR - RECORDER - CLERK 367 City of Redlands Clerk Doc# 2018-0416804 Cities ' Fees SPACE ABOVE THIS LINE FOR RECORDER S USE Taxes CA 582 Fee Others Paid STOR.MWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor s Parcel Number(s) 0299-011-12-0-000, 0299-011-11-0-000 THIS AGREEMENT is made and entered Into this 12ja day of _ 9(400 EE 20l$, by and between Sam -Redlands LLC, an Oregon Limited Liability Company ("Owner"), and the City of Redlands, a municipal corporation ("City'') The Ownei and the City are sometimes each individually reterred 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 tithe of approval of the Owner's development project commonly known as Tract 19942 — East side of Wabash Avenue, North of Sylvan Boulevard, Redlands, CA 92374 and filed as Tract 19942 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban storrnwater runoff, and WHEREAS, the Owner has chosen to install Dry Extend Detention Basin, FloGard Catch Basin Insert Filter and Contech Filterra Biofiltration the "Devices' to minimize pollutants in urban stormwatei 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 Oty of Radlands Apreemenl Version NOVEMBER 2013 11/13120`18 01 0e PM CA Pages 9 00 00 00 00 00 WHEREAS, the Devices being installed on private property and draining only private property, are pi ivate 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, filtei 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 Sam -Redlands, LLC, an Oregon Limited Liability Company agree as follows AGREEMENT The Ownei hereby provides the City and its designees with full right of access to the Devices and the Ownei'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 Engineei 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 othei preventative measures at the Ownei'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 Ownei'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 Ownei and the Owner's representatives in the removal and extraction of materials from the Devices, and the ultimate disposal of the matei ials in a mannei 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 aftei the Ownei's receipt of the notice of expense until paid in full 4 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0299-011-12-0, 0299-011-11-0 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 G3ly of Redlands Agreement Version NOVEMBER 2013 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 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 Daniel Thompson City of Redlands Sam -Redlands, LLC, an Oregon Limited P O Box 3005 Liability Company Redlands, CA 92373 20201 SW Birch St Suite 100 Newport Beach, CA 92660 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 REDLANDS- Q�UaLt 3AN1e6, HCC00 ELL ACTIW,) CilY M Attest 150ne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 OWNER rv_14e=;� Daniel Thompson Authorized Agent Sam -Redlands, LLC, an Oregon Limited Liability Company 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 jr County of an aP Y r'1 R,(-cb, k G On A)QLJe EY -2.Y' 2 before me, E 0 CL RC -1_i -1!S . Aj(+q_Y2 Date Here Insert Name and Title of the Officer I personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso(s whose nam (sj Mare subscribed to the within instrument and acknowledged to me that pie/she/they executed the same in h&r/their authorized capacity ies , and thatby his/h6r/their signature s} n the instrument the persa s) or the entity upon behalf of which t e person(s�acted executed the instrument DIANA RAINS Notary Public California • San Bernardino County s Commission * 2175775 My Comm Expires Dec 16 2020 Place Notary Seal andlor Stamp Above 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 o Signature Signature of Notary Public 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(Iles) Claimed by Signer(s) Signer's Name ❑ Corporate Officer – Title(s) ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact 0 Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing 02017 National Notary Association Number of Pages Signer's Name ❑ Corporate Officer – Title(s) ❑ Partner – ❑ Limited ❑ General ❑ Individual 13 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing 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 Orange On ocro/j/ C 3/ Z before me, Justin M Henderson, Notary Public (insert name and title of the officer) personally appeared Daniel Thompson who proved to me on the basis of satisfactory evidence to be the person) whose name(pr is/erre subscribed to the within instrument and acknowledged to me that he/sfteithey-executed the same In his/he44ten-authorized capacity(ieg), and that by his/weir signatureM on the instrument the person(af or the entity upon behalf of which the perso.p{s) acted, executed the I nstrument 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 Signatu - JUSTIN M HENDERSON COMM # 2116953 Z m� NOTARY PUBLIC — CALIFORNIAK ORANGE COUNTY My Comm Expires July 21 2019 Wo 0 AWN (Seal) Exbibit A Legal Description REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFRONIA, DESCRIBED AS FOLLOWS PARCEL 1 (APN 0299-011-12-0-000) TI IAT PORTION OF LOT 6, RESUBDIVISION OF LOTS 1, 2, 3, 4, 5 AND 6, BLOCK 1, JUDSON'S SUBDIVISION OF LOT 39, BLOCK 77, RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON I"ILE IN BOOK 17, PAGE 26, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE ALONG THE WEST LINE OF SAID LOT, SOUTHERLY 269 FEET, TI IENCE EASTERLY 669 5 FEET TO A POINT ON THE EAST LINE OF SAID LOT, 300 FEET SOUTHERLY FROM THE NORTHEAST CORNER THEREOF, THENCE ALONG SAID EAST LINE NORTHERLY 300 FEET TO THE NORTHEAST CORNER OF SAID LOT, THENCE ALONG NORTH LINE OF SAID LOT WESTERLY 664 5 FEET TO THE POINT OF BEGINNING PARECL 2 (APN 0299-011-11-0-000) LOT 6, ACCORDING TO MAP OF RESUBDIVISION OF LOTS 1, 2, 3, 4, 5 AND 6, BLOCK 1, JUDSON'S SUBDIVISION IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED IN BOOK 17, PAGE 26, RECORDS OF SAID COUNTY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, THENCE ALONG THE WEST LINE OF SAID LOT, SOUTHERLY 269 FEET, THENCE EAST 669 5 FEET TO A POINT ON THE EAST LINE OF SAID LOT, 300 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID LOT, THENCE ALONG THE EAST LINE OF SAID LOT, NORTHERLY 300 FEET TO THE NORTHEAST CORNER OF SAID LOT, THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT, 664 5 FEET TO THE POINT OF BEGINNING EXHIBIT B Plat Map for Tract No 19942 IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT 6, ACCORDING TO IAP OF RESUBDIVISION OF LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 1 JUDSON'S SUBDIVISION IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED IN BOOK 17, PAGE 26, RECORDS OF SAID COUNTY l`_ - I zlbz%I�e ssmi 22 Ito 20 ^ \ rrJ a6 2f'J? 1 al & te1Yt1 �r �% r!-1S3a 8 9 9ilr DaC !°SIi 4'ss 19p I; 0 1 •" - O.iNl v:G S 311E- ]ti \ C21 '19te ,� \ :r/a„el vy g F~rlr�iti�9 } y \ •�LVAH' 6y a21'Ir�A9 <,. ,f �! �— Y �I1 t`S`Ioal b' II I \ i? L 11•r4'IG lY'1p6• L len �/ ..1 _f_ it � `� i orunw iz.aaaa� ii SCAIE 1 a 100 , Exhibit C Stormwater Pollution Control Devices NEMI 1 4 BMP BMP of Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By TC -22 Dry Extended Detention Developez Every 6 1 Bann #1 3405791 117 13856 then LMD months or as needed TC -30 Vegetated Swale/ Developer Weekly Bio Swale 3405706 117 13777 then LMD TC -32 Bioretention Developer Annually 3 Fdterra Unit 3405762 117 13888 then LMD MP -52 Drain Inserts Developer Min 3 tu-nes 4 Flo Gard 3405882 117 13853 then LMD per yeas MP -52 Drain Inserts Developer Min 3 times 5 Flo Gard 3405871 117 13853 then LMD pei year MP -52 Drain Inserts Developer Min 3 times 6 Flo Gard 3405813 117 13821 then LMD pei year MP -52 Drain Inserts Developer Min 3 times 7 Flo Gard 3405813 117 13834 then LMD per year MP -52 Drain Inserts Developer Min 3 tines 8 Flo Gard 3405760 117 13888 then LMD pei yeas EXHIBIT D BMP Location Map 100 SCALE BBVBLVD Q 50 100 200 DETENTION BASIN TC -30 BIOSWALE BMP 2 TC -32 FILTERRA BMP 3 MP 52 FLO GARD BMP 4 MP 52 FLO GARD BMP 5 MP 52 FLO GARD BMP 6 MP 52 FLO GARD BMP 7 MP 52 FLO GARD BMP 8 Oct 30 2018 — 11 44am Plotted By station 182 Drawing 1 \79904\HYDRO\79904-BMP Maintenace agreement dwg