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HomeMy WebLinkAboutContracts & Agreements_168-2019RECORDING 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# 2019-0263919 111111111111111 111111111111 1 III SPACE ABOVE THIS LINE FOR RECORDER S USE Titles 1 Fees Taxes CA SB2 Fee Others 8/02/2019 03 49 PM FV Pages 9 00 00 00 00 Paid STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-157-10 & 0292-157-17 THIS AGREEMENT is made and entered into this 21 11) day of AUG (AS1 , 20 (1 by and between DP Alabama, 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 Alabama & Park Warehouses, northwest corner of Alabama Street and Park Avenue and filed as CRA 900 and TPM 19981 (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 catch basin inlet filters and underground storage 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 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 DP Alabama, 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 Nos 0292-157-10 & 0292-157-17, 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, 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 Brett Dedeaux DP Alabama, LLC 1430 S Eastman Avenue Commerce, CA 90023 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 CITY OF DLANDS P6414_ Janke McConnell Assistant City Manager Attest le Donaldson, City Clerk DP ALABAMA, LLC, a California Limited L► City of Redlands Agreement Version NOVEMBER 2013 Brett Deea Manager Company 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 LOS ANGELES On July 3, 2019, before me, Elmira Sipen, a Notary Public, personally appeared Brett Dedeaux, 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 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 ELMIRA SIPEN Notary Public - California Los Angeles County Commission 8 2198150 My Comm Expires May 20 2021 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 u .g::4P ':;:4 }:{>i:? .i ssVIA:{s�:iz'z%'isu'::: M.i.'rt.':3 ?:^ miemzeivinnaiS 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 n r , ✓1.'`� } On - rji-rt before me, D t CiAa, UC) Date personally appeared 041 N h i c, Here Insert Name and Title IT) e- n n e ( :3-40 am Name(s) of Signer(s) of the Officer 1") Cf\a,( S who proved to me on the basis of satisfactory evidence to be the perso (s) whose names) are subscribed to the within instrument and acknowledged to me that fie /they execu ed the same in hid/h r/their authorized capacit Ares)' and that_y his/h /their signatur s) on the instrument the perso4 or the entity upon behalf of which the persor((s))acted, executed the instrument DIANA RAINS Notary Public California San Bernardino County Commission # 2175775 My Comm Expires Dec 16 2020 Place Notary Seal 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 OPTIONAL 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 Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian of Conservator ❑ Other Signer is Representing ©2017 National Notary Association Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS ALL THAT PORTION OF BLOCK 12, BARTON RANCH, LOCATED IN THE CITY OF REDLANDS, AS PER MAP RECORDED IN BOOK 6, PAGE 19 OF MAPS, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF SAID BLOCK 12, SAID POINT LIES IN THE CENTERLINE OF PARK AVENUE AND IS NORTH 88° 55' 50" WEST 656 66 FEET FROM THE CENTERLINE INTERSECTION OF PARK AVENUE AND ALABAMA STREET, THENCE ALONG THE WEST LINE OF SAID EAST ONE-HALF, NORTH 00° 04' 20" EAST 27 00 FEET TO THE TRUE POINT OF BEGINNING ON THE NORTH LINE OF 54 00 FOOT WIDE PARK AVENUE, THENCE FROM THE TRUE POINT OF BEGINNING CONTINUING ALONG SAID WEST LINE, NORTH 00° 04' 20" EAST 423 24 FEET TO THE SOUTHWEST CORNER OF PARCEL 2 OF PARCEL MAP NO 2863, LOCATED IN THE CITY OF REDLANDS, AS RECORDED IN BOOK 30, PAGES 68 AND 69 OF PARCEL MAPS, RECORDS OF SAID COUNTY, THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 SOUTH 88° 43' 40" EAST 616 21 FEET TO A POINT ON THE WEST LINE OF 80 00 FOOT WIDE ALABAMA STREET 16 21 FEET TO A POINT ON THE WEST LINE OF 80 00 FOOT WIDE ALABAMA STREET, THENCE ALONG SAID WEST LINE, SOUTH 421 01 FEET TO THE INTERSECTION OF SAID WEST LINE WITH THE NORTH LINE OF SAID PARK AVENUE, THENCE ALONG SAID NORTH LINE, NORTH 88° 55' 50" WEST 616 62 FEET TO THE TRUE POINT OF BEGINNING EXCEPTING ANY PORTION OF SAID BLOCK 12 LYING WITHIN ALABAMA STREET AND PARK AVENUE TOGETHER WITH PARCEL NO 2 OF PARCEL MAP NO 2863, LOCATED IN THE CITY OF REDLANDS, AS PER MAP RECORDED IN BOOK 30, PAGES 68 AND 69 OF PARCEL MAPS, RECORDS OF THE COUNTY OF SAN BERNARD[NO, STATE OF CALIFORNIA PURSUANT TO CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT NO 505, RECORDED NOVEMBER 9, 2006 AS INSTRUMENT NO 2006-0767235 OF OFFICIAL RECORDS APN(S) 0292-157-10-0-000 & 0292-157-17-0-000 EXHIBIT 'B' PARCEL MAP 1N10 2353 PM 3 30/63-39 PARCEL 1 7,3q.)-3 s\, \Ac J9�? ,fi - `e\1X11�`c , V. r,1 r. ;1 PARCEL 1 ��r3 °\ (-01\9 r \ 5 PARK AVENUE • SHEET 1 OF 1 H SCALE 1"=150' 1< a ?ARcEL MAR NO 19465\ P M 3 250/41-45 PARCEL 2 REDLANDS BLVD 1-, Q 0, PROJECT LOCATION 11110111111.1*. COLTON AVE VICINITY MAP PARK AVE LEGEND 6 PROPERTY/ RIGHT-OF-WAY LINE STREET CENTERLINE CENTERLINE PARCEL MAP BOOK DELTA RADIUS TANGENT LENGTH LUED £N6INEERIN€, INC CIVIL ENGINEERING • LAND SURVEYING • LAND PLANNING 600 N MOUNTAIN AVE STE C102 UPLAND, CA 91786 PHONE (909) 982-4601 ALABAMA & PARK WAREHOUSES Redlands, CA NWC of ALABAMA ST & PARK AVE APN 0292-157-10 & 0292-157-17 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP or Maintenance Pollution BMP # Latitude Longitude Frequency Control Device Provided By Underground Storage Chambers 1 2 34 06052 34 05969 -117 21080 -117 21080 DP Alabama, LLC BI annually and after > 0 5 storm event 3 34 06065 -117 20960 4 34 06065 -117 21020 5 34 06065 -117 21060 6 34 05989 -117 20960 Weekly and after Catch Basin Inlet 7 34 05989 -117 21020 DP Alabama, > 0 5" storm Filters8 34 05989 -117 21060 LLC event 9 34 06052 -117 21095 10 34 05969 -117 21095 1 1 34 05945 -117 21095 ® CATCH BASIN W/ INSERT FILTER ® CATCH BASIN IN/ INSERT FILTER PARKING LOT SWEEPING P/L UNDERGROUND O1 STORAGE CHAMBERS - BASIN A ®CATCH BASIN W/ INSERT FILTER ® CATCH BASIN W/ INSERT FILTER 10 CATCH BASIN W/ INSERT FILTER UNDERGROUND ©STORAGE CHAMBERS BASIN B PARKING LOT SWEEPING 11 CATCH BASIN W/ INSERT FILTER EMERGENCY OUTLET #1 COVERED TRASH ENCLOSURE LOADING DOCK P/L COVERED TRASH ENCLOSURE CATCH BASIN IN/ 3O INSERT FILTER PARKING LOT SWEEPING WAREHOUSE #1 CATCH BASIN W/ INSERT FILTER,_ PARKING LOT SWEEPING R/W PARKING LOT �"n'OVERED TRASH SWEEPING ''ENCLOSURE —LOADING DOCK I1"_ R/W R/W R/W SCALE 1 =150' 0 75 150' 300 1 GRAPHIC SCALE ALABAMA & PARK WAREHOUSES Redlands, California NWC of ALABAMA ST & PARK AVE APN 0292-157-10 & 0292-157-17 BMP SITE MAP (EXHIBIT D) LUtLD ENc11NEER,N , INC CIVIL ENGINEERING • LAND SURVEYING • LAND PLANNING 60D N MOUNTAIN AVE STE C102 UPLAND CA 91786 PHONE (909) 982-4601