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HomeMy WebLinkAboutContracts & Agreements_142-2019RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES MOT REQUIRED PER GOVERNMENT CODE Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER CLERK 367 City of Redlands Clerk Doc# 2019-0239573 11111111111111 111111111111 11111 SPACE ABOVE THIS LINE FOR RECORDER S USE Titles 1 Fees Taxes CA SB2 Fee Others 7/17/2019 02 10 PM SG Pages 9 00 00 00 00 Paid STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0171-341-02, -03, -23 THIS AGREEMENT is made and entered into this 17T14 day of 010.-- , 20Icf, by and between YMCA of East Valley, a California Corporation ("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 YMCA Parking Expansion and filed as CUP 383 REV 4 (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 BMP underground pipe (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 City of Redlands Agreement Version NOVEMBER 2013 00 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 YMCA of east Valley, a California Corporation 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 This Agreement affects County of San Bernardino Assessor's Parcel Nos 0171-341-02, -03, -23, 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 4 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 City of Redlands Agreement Version NOVEMBER 2013 5 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 6 Time is of the essence in the performance of this Agreement 7 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 City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 OWNER Darwin Barnett, CEO YMCA of the East Valley, a California Corporation 500E Citrus Avenue Redlands, CA 92373 8 This Agreement shall be governed by and construed in accordance with the laws of the State of California 9 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 OFAEDLANDS OWNER ttif Janice IVIcConnell, ApapttgietzeF Ar(394 { CtI r1 1\(3 - Attest ne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 H rwin Barnett, CEO YMCA of the East Valley, a California Corporation 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 arid not the truthfulness accuracy or validity of that document State of California County of San Bernardino On —4CjAna Maria Campos Notary Public /( before me, Date Here Insert Name and Title of the Officer personally appeared Darwin Barnett Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/skfie/tky executed the same in his/lief/their authorized capacrty(ies), and that by his/her/Weir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(' acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct ANA MARIA CAMPOS Notary Public California San Bernardino County Commission # 2286132 My Comm Expires May 9 2023 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signature of Notary Public Ana Maria Campos 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 Document Date Signer(s) Other Than Named Above Number of Pages .,._......._„_ 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 ©2016 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item 5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s.0^• � w. o.< . _A _s. VS. CIVIL CODE § 1189 s t v.<:atAa< a< s.• sib a < v.<_st.< vas ea< a.'✓s... 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 Califoinia Count o On ra-s(►no Date personally appeared before me, 0 -No Heirsert N me .end Title of t fficer Name(s) of Signer( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) %/are subscribed to the within instrument and acknowledged to me that 'e/s le/they executed the same in hi6/h/1r/their authorized capacity(ies), and that by hyo/lyAr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct L R MCCASLAND Commission # 2143166 Notary Public California Riverside County M Comm E ires Feb 19. 2020 Place Notary Seal Above WITNESS my hand and official seal Signature Signature— " Notary 'ublic 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 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 d, ay.'d=6�4'a'0.d6' V''�� 0.arq�6' .-8'E "8' W4ewc,st . • . -d �• �_6'✓6'• <•x✓6' 4�: ©2014 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit A Legal Description LOTS 9, 10 AND 11, INCLUSIVE, EXCEPTING THE NORTHERLY 65 FEET (MEASURED ALONG THE RIGHT-OF- WAY OF CLARK STREET, A 25 -FOOT -WIDE HALF WIDTH RIGHT OF WAY) OF SAID LOT 11 THEREFROM LOCATED IN BLOCK D OF THE WATROUS 1ST ADDITION TO REDLANDS, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 5, PAGE 34 IN THE OFFICE OF THE RECORDER IN SAID COUNTY ALSO EXCEPTING THOSE PORTIONS OF SAID LOTS 9, 10 AND 11 DEDICATED TO THE CITY OF REDLANDSFOR STREET PURPOSES (ON CLARK ST OR MERTYL ST) RECORDED INSTRUMENT NO EXHIBIT "B" PLAT MAP 50' t • v • / 50 SOUTHERLY LINE OF THE NORTHERLY 65 FEET LOT 11 50 50 25.00 30.00 PORT ON OF LOTS 9 10 AND 11 DEDICATED TO THE CITY OF REDLANDS FOR STREET HIGHWAY AND RELATED PURPOSES RECORDED _- _- INSTRUMENT NO MYRTLE STREET NIN..1-41vD SAN4,,47(es v No 4452 - \,..,..__ * Exp• 9-30-2019 fTq' or CPLZ��P 5 00' w fn � 0 d Ix a O La o H w H U w z Q r O Q wLI - ax U 0 w La w �tx ce O 0 wo ozo oLe.� CL owes a0CC CENTERLINE CENTERLINE SANDERSON-GLTIHRRKZ CIVIL ENCINEERO & LAND $URVEYORO INC 9668 MILLIKEN AVENUE, SUITE 104-149 RANCHO CUCAMONGA CA 91730 (909) 980-1211 J N 18-008 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 Underground pipe 34 05382 -117 17692 Owner Annually prior to October lst and 48 hours after rain events 2 3 4 5 6 7 8 9 10 EXHIBIT "D" BMP Location Map 4 BMP #1 1 1 MYRTLE STREET 0