HomeMy WebLinkAboutContracts & Agreements_51-2019 Electronically Recorded in Official Records,County of San Bernardino 3/19I2019
02:47 PM
' BOB DUTTON �A�
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RECORDING REQUESTED BY � ASSESSOR-RECORDER-CLERK
AND WHEN RECORDED MAIL TO: '```�'��° 367 City of Redlantls Clerk
DOC# 20�9-0084446 Titles � Pages 11
CITY CLE� Fees .00
CITY OF REDLANDS raXes .00
P.O. BOX 3005 CA SB2 Fee .00
REDLANDS, CA 92373 Others .00
Paid .00
���S 1�OT REQlllRED
PER GOVERNMENT CODE
SECTION 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORIVIWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTEN�?'v'CE AGREEMENT
Assessor's �'arcel Number(s)
0171-011-45
0171-011-54
THIS AGREEMENT is made and entered into this�day of ��C�t..�"� , 20�, 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 ESRI Building E — 1107 W. Park Rvenue, Redlands, CA 92373 and filed as CRA #901 (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 Pervious Concrete Pavement and Underground
Infiltration Chambers (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
City of Redla�ds
Agreement Version NOVEMBER 2Q13
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 a11 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 wi11 require compliance with
all Federal, State and 1oca1 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; 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 sha11 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 a11 applicable 1aws. 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. 0171-011-45,
0171-011-54, 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 a11 successors and assigns to the
title to the Property of the obligations herein set forth. This Agreement shall also constitute a
City of Redlands
Agreement Version NOVEMBER 2013
lien against the Property in such amount as wi11 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.
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 ponald 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 Agreernent shall be in writing and approved by the City Council of
City and signed by the City and the Owner.
City of Redlands
Agreement Version 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
By Its Manager: Judson& Brown, LLC
a Nevada limited liability Company
��r , � � -��
�:��� ��,��,.�,���f�, �.�� �
nice McConnell,��g City Manager ponald J. Berry, Jr. ager
��ri�"����
Attest:
Je Donaldson, City Clerk
City of Redlands
Agreement Version NOVEMBER 2013
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 l
County of � f1 �t'� (�r"C,�� f'1 i� )
On �.."�` 1 � ° � �""� before me, ��t C�.�l(� 1'�C��al� a �+�'��9,:Y��� �t.�.�d� ,
Date Here lnsert Name and Title of the Office�
personally appeared t� �1� V`l�'1� �.)��`�C��C� �,=�'"� �° �t� g C_�..� �'1��--�,°i.b�'L���
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person��whose name,�;}i�are subscribed
to the within instrum ,,t and acknowledged to me that h1Als`�6ie/they executed the same in�I's' I�r/their
authorized capacity�es}�, and that �z Pris/I�r/their signature�on the instrument the person�s}� or the entity
upon behalf of which fhe person�cted, executed the instrument.
,u - - - - - _ _ _ I certify under PENALTY OF PERJURY under the
DIANA RAINS laws of the State of California that the foregoing
Notary Public-California ara ra h is true and correct.
'� San 8ernardi�o County D p g p
Commission�2/75775 WITNESS my hand and official seal.
M Comm.Ex i�es Dec 16,2Q20+
Signature ���-- � i"`.��-�--�� `'J
P/ace Notary Sea1 and/or Stamp Above Signpture of Notpry Public
OPTIONAL
Completing this information can deter alteration of the docum �t or
fraudulent reattachment of this form to an unintended ument.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer-Title(s): ❑ Corporate Officer- Title(s):
❑ Partner- ❑ Limited ❑ 6 eral ❑ Partner- ❑ Limited ❑ General
❑ Individual ,4ttorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Re senting: Signer is Representing:
�02017 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVI�CODE§ 1189
,C',:�:C'�,c R,�;e;i:',�'d'�i`�� n,.sa .ct— �v�'��1'�'�a�J'�'��'iv���.ro�„"n'^���n-"`Y;."�3.�.a.�P'�Y�'--y>�-ao'�' w�.�:'.+'�c7�'�^'.4"�"
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 • � ' i / before me, Veronica Burgess, Notary Public
Date Here lnsert Name and Title of the Otficer
personally appeared Donald J. Berry, Jr.
Name(s) of Signer(s)
,
who proved to me on the basis of satisfactory evidence to be the person(�whose name{s`j is/�e
subscribed to the within instrument and acknowledged to me that he/�It�executed the same in
his/I�'r/t�r authorized capacitysjes),and that by his/h�r/th�ir signatur��s)on the instrument the person($�,
or the entity upon behalf of which the person(�acted, executed the instrument.
I certify under PENA�TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
VERONICA BURGESS 1/V�TNESS m nd and official seal.
Notary Public -California � 1
a ==m San Bernardino County z
� �'t�"' Commission #2171206 D � '
My Comm.Expires Nov 15,2020 Signat
� Signature of No Pubiic
Place Notary Sea/Above
OPTIONAL
Though this section is optionat, completing th+s information can deter alteration of the documen,t or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ocument Date:
Number of Pages: Signer(s) Other Th med Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Ti ❑Corporate Officer — Title(s):
❑ Partner — ❑ Li � ❑General ❑ Partner — ❑Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Truste ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ t ; ❑ Other:
Signer Is Representing: Signer Is Representing:
�� � � _ � _ _ - _ �� � - �
�02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
ExxIBIT��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 BLOCK 26 OF THE BARTON RANCH MAP, iN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,FILED IN BOOK 6 OF NIAPS,AT PAGE 19,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE 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, SAID SOUTHERLY RIGHT OF WAY BEING THE NORTH LINE OF THAT
CERTAIN STREET VACATION AS DESCRIBED IN RESOLUTION NUMBER 910 RBCORDED DECEMBER
23, 1957,IN BOOK 4398,PAGE 8, OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE SOUTH 00°43'35"EAST ALONG THE EAST LINE A DISTANCE OF 454.89 FEET TO A POINT ON
THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND,AS DESCRIBED BY DEED RECORDED
FEBRUARY 6, 1967 IN BOOK 6768,PAGE 52 AND AS DESCRIBED BY DEED RECORDED JANUARY 28,
1969 1N BOOK 7172,PAGE 271 BOTH OFFICIAL RECORDS FOR SAID COUNTY;
THENCE NORTH 70°02'Oi"EAST ALONG SA1D NORTHERLY LINE A DISTANCE OF 434.87 FEET TO A
POINT ON THE EAST LINE AS DESCRIBED IN GRANT DEED RECORDED OCTOBER 2,2008
DOCUMENT NO.2008-0443559 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 00°43'15"WEST ALONG SAID EAST LINE A DISTANCE OF 306.89 FEET TO A POINT
ON SAID SOUTHERLY RIGHT OF WAY LINE OF PARK AVENUE;
THENCE SOUTH 89°55'43"WEST ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 410.63
FEET TO THE POINT OF BEGINNING.
CONTAINING 3.59 ACRES MORE OR LESS
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND \�NPi-LANp SG
BY THIS REFBRENCE MADE A PART HEREOF. 5� Q,Ei�S'FU�Q� �G
�� ��� ��7�' �2 �,c
THIS LEGAL D SCRIPTION WAS PREPARED BY ME � � � �
oxurr�ER �z cTi � No. 8422
� �
� �-- S� ��, ��c-
RICHARD S.F RLONG P.L.S. 8422 DATE q�FOF CA��F���
Page 1 of 1
Q:\1188-0758 Building E ParkingwlAPPING\WQMP BLD E EASEMENT\WQD4P L•ASEMENT EAST BLD.doc
EXHIBIT '�B" SHEET 1 OF 1
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PARK AVENUE NORTH LINE OF STREET VACATED PER RESO�UTION
�—� _ 0. 910 RECORDED DECEMBER 23, 1957, IN
— BOOK 4398, PAGE 8, OF OFFICIAL RECORDS.
'� S89'55'43"W 410.63' ''N'
H
BEGINN NG SOUTHERLY RIGHT QF I I I w
I WAY LINE PARK AYE. ��
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• ��� s j � `�T,9 C���P Engineering and Consulting
RICHARD S. URLONG, P.L.S. 8422 DATE rF oF cA��F° ,4�0���oo�EY o�NE,�o�TON,�A 923z4
PH.(9D9)�83-0101
Exhibit C
Stormwater Pollution Control Devices
i • ' � 1 1 1 1 � • •
BMP # BMP or Pollution Controi Latitude Longitude Maintenance Frequency
Device Provided By
Inspect Monthly.
DA-1 Under round Infiltration NYS North, vacuum out if
g 34.05790 -117.19816 Stormwater
DMA-A Chambers LLC Remains 48 Hours
After Storm.
Prior to Rainy
SD-20 Season;48 hours
DA-3 pervious Concrete 34.05908 -117.19779 NYS North, after rain events;
DMA-A pavement LLC Vacuum sweep
twice per year
Prior to Rainy
SD-20 Season;48 hours
DA-3 pervious Concrete 34.05905 -117.19779 NYS North, after rain events;
DMA-C pavement LLC Vacuum sweep
twice per year
Prior to Rainy
SD-20 Season;48 hours
DA-4 pervious Concrete 34.05896 -117.19779 NYS North, after rain events;
DMA-A LLC Vacuum sweep
Pavement
twice per year
Prior to Rainy
DA-4 SD-20 NYS North, Season;48 hours
after rain events;
DMA-C Pervious Concrete 34.05878 -117.19779 LLC vacuum sweep
Pavement
twice per year
Prior to Rainy
DA-5 SD-20 NYS North, Season;48 hours
Pervious Concrete 34.05856 -11�.19779 after rain events;
DMA-A LLC Vacuum sweep
Pavement
twice per year
Prior to Rainy
DA-5 SD-20 NYS North, Season;48 hours
Pervious Concrete 34.05845 -117.19779 after rain events;
DMA-C pavement LLC Vacuum sweep
twice per year
1 • ' � 1 1 1 1 � • •
Prior to Rainy
SD-20 Season;48 hours
DA-6 pervious Concrete 34.05840 -117.19779 NYS North, after rain events;
DMA-A LLC Vacuum sweep
Pavement
twice per year
Prior to Rainy
DA-6 SD-20 NYS North, Season;48 hours
Pervious Concrete 34.05829 -117.19779 after rain events;
DMA-C pavement LLC Vacuum sweep
twice per year
Prior to Rainy
DA-7 SD-20 NYS North, Season;48 hours
Pervious Concrete 34.05828 -117.19779 after rain events;
DMA-A pavement LLC Vacuum sweep
twice per year
Prior to Rainy
SD-20 Season;48 hours
DA-9 NYS North, after rain events;
DMA-A Pervious Concrete 34.05824 -117.19741 LLC vacuum sweep
PaVement twice per year
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