Loading...
HomeMy WebLinkAboutContracts & Agreements_1A-2019RECORDING 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 to official Records County of San Bernardino Z BOB DUTTON ASSESSOR RECORDER CLERK 367 City of Redlands Clerk Doc# 2019-0012793 Titles , Fees SPACE ABOVE THIS LINE FOR RECORDER'S USE Taxes CA SB2 Fee Others Paid STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-158-15 1!'#412019 09 51 AM ALS Pages 9 00 00 00 00 THIS AGREEMENT is made and entered into this �� day of J ��uAr- , 2011 by and between CIVF V — CA1B02, LLC, a Delaware limited liability company ("Ow er"), 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 1675 West Park Avenue (SEC of Iowa Street and Park Avenue) and filed as CRA 894 (the "Project"), the City required the Project to employ on-site control measures to ininirnize pollutants in urban stormwatei runoff, and WHEREAS, the Owner has chosen to Install an underground infiltratton chamber system, water duality units and catch basin filters (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 v Reelands Agreement VaWo.1 NOVEMBER 201 00 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 S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-158-15 THIS AGREEMENT is made and entered into this 7°A day of �� e, , 20Ll by and between CIVF V -� CAIBO2, LLC, a Delaware limited liability company ("Ow er"), 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 1675 West Park Avenue (SEC of Iowa Street and Park Avenue) and filed as CRA 894 (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 an underground infiltration chamber system, water quality units and catch basin filters (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, ftltei 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 CIVF V — CAI1302, LLC 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 No 0292-158-15, 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 Party 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 8 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 Justin Harvey City of Redlands CIVF V – CA11302, LLC P O Box 3005 One Beacon Street, Suite 1700 Redlands, CA 92373 Boston, MA 02108 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 7�64L"IWL F REDLANDS CIVF V – CA1B02, LLC a Delaware limite iabili company By. — � A Maul- , ice�1 1lift9 Attest* 1&0,an Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 Justin Ha ey Its Senior ice President, Investments COMMONWEATH OF MASSACHUSETTS § COUNTY OF SUFFOLK § BEFORE ME, the undersigned Notary Public, on this day personally appeared Justin S Harvey, the Senior Vice President of CIVF V — CAIB02, LLC, a Delaware limited liability company, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said limited liability company, and in the capacity therein stated 04il.L] GIVEN UNDER MY HAND AND SEAL OF OFFICE this the �rLJ day of January, STEPHANIE MLLI MSON Notary Public Commonwealth of Massachusetts My Commission Expires May 23, 2025 a Not y Public in and for the Commonwealth of Massachusetts 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 ,,//�� jJ County of Sa In IaPJ> ACLrz:[. i n 0 On ^ 1`i . ( q before me aA-�a v�_� Date /�/� /1 Here Insert Nome and Title of the personally appeared _n lri 1 CP, f 1 iC�d�l lf]i� t��QY1 C Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor�s] Nhose namE ls/are subscribed to the within instrume and acknowledged to me that h- 'sf9�a/they executed the same in rs/h"ar/their authorized capacity, and that by N/ht�r/their signaturoon the instrument the persorls or the entity upon behalf of which the persoreocted, executed the instrument DIANA RAINS Notary Public California x i San Bernardino County Commission # 2175775 my Gomm EK fres DOC 16 2020 Place Notary Sea! and/or 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 Signature 04,C. t Li' RJQ--�—� Signature of Notary Public VF- ! 16d1\riL Completing this information con deter alteration of the document or froudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document 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 of Conservator ❑ Other Signer is Representing 02017 National Notary Association Number of Pages Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing Exhibit A Legal Description THE LAND REFERRED TO HEREON IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO 564, AS EVIDENCED BY DOCUMENT RECORDED APRIL 10, 2012 AS INSTRUMENT NO 2012-0135954 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THE NORTHWEST 114 OF LOT OR BLOCK 13 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, RECORDS OF SAID COUNTY EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST 114, THENCE SOUTH 20 00 FEET, THENCE AT RIGHT ANGLES WEST 20 00 FEET, THENCE AT RIGHT ANGLES NORTH 20 00 FEET, THENCE EAST 20 00 FEET TO THE POINT OF BEGINNING ALSO EXCEPTING THE SOUTH 128 28 FEET OF SAID NORTHWEST 114 OF LOT OR BLOCK 13 TOGETHER WITH THAT PORTION OF IOWA STREET ADJOINING SAID LAND, VACATED PER RESOLUTION NO 6817, RECORDED APRIL 14, 2009 AS INSTRUMENT NO 2009-0157059 OF OFFICIAL RECORDS Exhibit C Stormwater Pollution Control Devices Stormwater PollutionControl • BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By Bi -monthly I Underground Infiltration 34d03'33"N 117d12'46"W Owner and prior to System storm event and 48 - Debris 2 Curb Inlet Bioclean Filter 34d03'28 8"N 117dl2'46 4"W monthly 3 Curb Inlet Bioclean Filter 34d03'33"N l I7d12'46 2"W Owner Filters Quarterly Monthly & Prior to 4 CDS Treatment Unit 34d03'32"N 117d12'46 4"W 5 CDS Treatment Unit 34d03'32"N 117dl2'45 5"W Owner storm event and 48 hours after 6 Vegetated Swale 34d03'32"N 117dl2'47"W Debris 7 Vegetated Swale 34d03'33"N 117dl2'46"W Owner removal weekly 8 Bioclean Inlet Filter 34d03'29"N 117dl2'47"W 9 Bioclean Inlet Filter 34d03'30"N 117dl2'47"W Debris 10 Bioclean Inlet Filter 34d03'31"N 117dl2'47"W Ownei monthly 11 Bioclean Inlet Filter 34d03'32"N 117dl2'47"W Filters 12 Bioclean Inlet Filter 34d03'32 5"N 117d12'47"W Quarterly PARK AVENUE TE BOUNDARY 0 50 100 200 300 SCALE 1' = 100' Ot UNDERGROUND INFILTRATION & DETENTION FACILITY - 106" PERFORATED CMP'S, 49X119' 2O CURB INLET BIOCLEAN FILTER O3 CURB INLET BIOCLEAN FILTER O CDS WATER QUALITY UNIT O CDS WATER QUALITY UNIT Os VEGETATED SWALE O VEGETATED SWALE O BIOCLEAN INLET FILTER O BIOCLEAN INLET FILTER to BIOCLEAN INLET FILTER tt BIOCLEAN INLET FILTER t2 BIOCLEAN INLET FILTER