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HomeMy WebLinkAboutContracts & Agreements_143-2019RECORDING 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 Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER CLERK 367 City of Redlands Clerk Doc# 2019-0239587 1111111111111111111111111111111 SPACE ABOVE IBIS LINE FOR RECORDER'S USE Titles 1 Fees Taxes CA SB2 Fee Others 7/17/2019 02 12 PM SG Pages 9 00 00 00 00 Paid STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-281-47, 48, 49 and 50 THIS AGREEMENT is made and entered into this 17 j }-day of \j (1t t -.y , 2011, by and between Redlands Food Hall, LP, a California limited liability partnership ("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 Redlands Food Hall at 330 North Third Street and filed as CUP 1100 (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 a biotreatment filter (the "Devices") to minimize pollutants in urban stoitiiwater 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 Redlands Food Hall, LP, a California limited liability partnership 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 Nos 0169-281-47, 48, 49 and 50, 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 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 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, 01 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 Redlands Food Hall, LP, a California limited liability partnership By Arteco Management, LLC, General Partner By Gerald V Tessier, Manager 191 West 41h Street Pomona, CA 91766 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 writmg 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 OREDLANDS X1'1 Jat ce M ,cConn Assistant City Manager e Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 Redlands Food Hall, LP, a California limited liability partnership By Arteco Management, LLC, General Partner By Gerald V Tessier, Manages ALL CAPACITY 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 � 1 rOKi COUNTY OF ,:: iV On / j (D e) personally appeared CCerr ) j d V (Name of person signing) 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument before me ` f Perrier, 0 N e and title of the officer) 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 Rev 01/01/2015 ignaturf officer TERYN RAQUEL HENDERSON COMM #2287212 z w = Notary Public California z^; Los Angeles County Comm Ex 'res Ma 2, 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT eve.ctcr�rS CIVIL CODE § 1189 vs.•"va wt wQ at *N.. t"a0^w�4 vat@ wQ v -100/%4", cs aMNai 'MAR. 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 Califo nia ) Coun &k' 00 i�a-ri I Y1 O r� On before me, Date personally appeared HIY \°.1 - e I rt amAand Title of •fficer Name(s) of Signer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i%are su scribed to the within instrument and acknowledged to me that h/1e/they executed the same in h V6r/their authorized capacity(ies), and that by h$/I r/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 rriavadevadavamergamodadbabaki L R MCCASLANO Commission # 2143166 Notary Public California * , Riverside County My Comm Expires Feb 19, 2020 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL 1 Signature of Nota Public 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) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — CI Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing Signer's Name ©2014 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS PARCEL NO 1 THAT PORTION OF BLOCK "D' CENTRAL TOWNSITE IN THE CITY OF REDLANDS COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 8 PAGE 57 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS COMMENCING AT A POINT 367 FEET NORTH OF THE SOUTHEAST CORNER OF LOT 29, THENCE NORTH 33 5 FEET THENCE WEST 138 FEET, THENCE SOUTH 33 5 FEET, THENCE EAST TO THE POINT OF BEGINNING PARCEL NO 2 LOTS 1, 3, 5, 7, 9, 11, BLOCK D', CENTRAL TOWNSITE, IN THE CITY OF REDLANDS COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 8 PAGE 57 OF MAPS, RECORDS OF SAID COUNTY PARCEL NO 3 THE WEST 25 FEET OF THE FOLLOWING DESCRIBED PROPERTY THAT PORTION OF LOT 28, BLOCK 77 OF THE RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 PAGE 2 OFMAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE WEST LINE OF ORANGE STREET, WHICH SAID POINT IS 342 25 FEET NORTH AND 10 FEET WEST OF THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTH 1/2 OF SAID LOT 28, THENCE NORTH ON THE WEST LINE OF SAID ORANGE STREET, 60 FEET, THENCE WEST 320 FEET, THENCE SOUTH 60 FEET, THENCE EAST 320 FEET TO THE POINT OF BEGINNING PARCEL NO 4 THE WEST 25 FEET OF THE FOLLOWING DESCRIBED PROPERTY THAT PORTION OF LOT 28, BLOCK 77 OF THE RANCHO SAN BERNARDINO IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 PAGE 2 OF MAPS RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE WEST LINE OF ORANGE STREET WHICH SAID POINT IS 242 25 FEET NORTH AND 10 FEET WEST OF THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTH 1/2 OF SAID LOT 28, THENCE NORTH ON THE WEST LINE OF SAID ORANGE STREET, 100 FEET, THENCE WEST 320 FEET THENCE SOUTH 100 FEET, THENCE EAST 320 FEET TO THE POINT OF BEGINNING APN 0169-281-47-0-000, 0169-281-49-0-000, 0169-281-48-0-000, 0169-281-50-0-000 w M N 0 O 0 z 2 7' 01111111110 .1111111 "=30' L EXHIBIT 'B' PLAT SHOPPERS N90°00'00"W 1 63 33' 2 6' X PL N90°00'00"W 138 33' LANE O 1 t9 PL N90°00'00"E 25 00' NOO° 12'53"E 25 00' Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 Filterra Curb Inlet Filter, 4'x 12' 34 058177 -117 18428 Owner Annually 2 3 4 5 6 7 8 9 10 CC, EXHIBIT 'D' BMP LOCATION MAP EXISTING RAV PITO BE REMOVED AM 01 69 281 39 SHOPPERS 119D°0ocZ_E .._ EXISTING DA1 BUILDING PROPOSED USE RESTAURANT PROPOSED CONNECTION TO EXISTING 30 STORM DRAIN DA2 MP #1 LANE MOO OMMID 11 NO0 12'53 E APN 01 69 281 51 5LTO 8E REMOVED of„.„,P L N90°0000'E 138 33' APN 0169 28I 54 PROPOSED TRASH ENCLOSURE WITH 5005 000°00'003125.00 o JJ Lri <v P CSI PL fc APN 0169-281-52