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HomeMy WebLinkAboutContracts & Agreements_194-2019RECORDING 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 County Clerk DOC# 2019-0335326 09/18/2019 Titles 1 Pages 9 0405 PM SAN Fees Taxes 11113 CA SB2 Fee Total SPACE ABOVE THIS LINE FOR RECORDER S USE $0 00 $0 00 $0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-341-22-0000 THIS AGREEMENT is made and entered into this I If day of s. ' , 2, 20I�, by and between Lugonia Hospitality, Inc 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 Springhill Suites at 1765 W Lugoma Avenue and filed as CRA 889 (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 Underground Infiltration Pipes, Drain Inlets with Filter Inserts, & Storni Drain Signage (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 DOC #2019-0335326 Page 2 of 9 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, 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 Lugonia Hospitality, Inc 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 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 0292-341-22-0000 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 hen 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 DOC #2019-0335326 Page 3 of 9 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 Prakash Bhakta, CFO City of Redlands Lugonia Hospitality, Inc P O Box 3005 16912 Gridley Place Redlands, CA 92373 Cerritos, CA 90703 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'REDLANDS t1/]" le► "a'1 u; Janice -McConnell, Assistant City Manager Attest rine Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 OWNER Prak sh Bhakta, CFO Lugoma Hospitality, Inc a California Corporation CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT DOC #2019-0335326 Page 4 of 9 CIVIL CODE § 1189 a4.w4 gat Ata. ...�•.:v�4 v�4w*@!as@.v� aoC ss. 1.7,1 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 S1 &"I\c r(l I (VD On q i �1 Date personally appeared 1\1)C LO,� r� � (1 &V' c! 2_ C�_Yl tic �c c\ (CtS�•rl Name(s) of Signer(s) before me, 1)100-1_0\ Rl CSS,• (1 D` Here Insert Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be the persoswhose name(s Ware subscribed to the within instrument and acknowledged to me that he/She/they executed the same jn his/her/their authorized capacity es , and that b lits/ITer/their signatur s on the instrument the person(S)) or the entity upon behalf of which the person ss) acted, executed the instrument DIANA RAINS Notary Public California = San Bernardino County Commission # 2175775 3_ ® �_ _ My Comm Expires Dec l6 2020 Place Notary Seal 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 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 .ti•' 6'm5ow4 'a��6'dA� 6'�9�.'.'!: ✓g�N�4S . d5'm gm.6'.v.`�: q qd: ®' Aisv4ei 'e'A Kv'4`�. 4'• 6`rigd.'�3' ©2016 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 DOC #2019-0335326 Page 5 of 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public 01 other officer completing this certificate verifies only the identity ot the individual who signed the document to which this certtficate is attached and not the truthfulness, accuracy or ‘andity of that document State of California ) County ot ��� �, OnSep eiibt'13)20/?before me. � �e PDCtk Notary Public personall} appeared who proved to me on the basis of satisfactory evidence to be the c.rson ( whose name(t. iso _ subscribed to the within instrument and acknowledged to me that tel, toklt xecuted the sante in his! c reauthorized capacity{ -res), and that h his/ cr/their signatureO on the instrument the person(or the entity upon behalf of which the person{) acted executed the instnunent 1 certify under PENALTY Of PERJURY undei the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL ,tom T LEE COMM #2167937 rn Notary Public -California ie. LOS ANGELES COUNTY -' My Comm. Exp. OCT. 25 2020 Place Notary Seal Above Though the information halon Ls not regnu cd b1 law it nun prove i aluable to persons r c li ing on the document and could 'neve nt tr awhile nt return al card reattachment of tins form to another document Description of Attached Document ofm Iter l Tree me Dey iee cvicl &Vo I PI Ktixtre A Document Date CtlYt l YC Numbei of Pages Title 01 Type ot Document Signer(s) Other Than Named Above Capacit}(ies) Claimed by Signer(s) Signer s Name Corporate Officer — Title(s) Individual I invited Partner General Partner Attorney in 1 act Trustee Guardian of Conservator Other RIGHT`THUMBPRiNT OF SIGNER lop of rhumbHerc Signet s Name Corporate Offices — 1 ttle(s) Individual Limited Partner General Partner Attorney to 1 act trustee Guardian of Conservator Other RIGHT THUMBPRINT OF SIGNER Top of rhumb Here Signer is Representing Signer is Representing DOC #2019-0335326 Page 6 of 9 Exhibit A Legal Description ASSESSOR'S PARCEL NUMBER SAN BERNARDINO COUNTY APN 0292-341-22-0000 LEGAL DESCRIPTION LOT 8 OF TRACT NO 13151, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 194 OF MAPS, PAGES 86 AND 87, RECORDS OF SAID COUNTY TOGETHER WITH THAT PORTION OF IDAHO STREET VACATED BY RESOLUTION OF THE CITY OF REDLANDS MAYOR AND CITY COUNCIL RESOLUTION NO 6252 ADJOINING SAID PROPERTY WHICH WOULD PASS BY OPERATION OF LAW BY A CONVEYANCE OF SAID PROPERTY A CERTIFIED COPY OF SAID RESOLUTION RECORDED APRIL 8, 2004, INSTRUMENT NO 20040244039, OFFICIAL RECORDS IDAHO STREET — VACATED BY INST NO 20040244039 _ctl_AGONIA AVENUE LOT 8 SAN BERNARDI NO COUNTY APN 0292-341 22-0000 TRACT NO 13151 M.B 194/86-87 1 Y 6 10 L abed 9Z£S££0-6 L0Z# 004 DOC #2019-0335326 Page 8 of 9 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 UNDERGROUND INFLITRATION PIPES 34 07010° -117 21515° Peter Bhakta Once a year 2 DRAIN INLET WITH FILTER INSERTS 34 07017° -117 21517° Peter Bhakta Before & After ram event 3 STORM DRAIN SIGNAGE 34 07017° -117 21517° Peter Bhakta Twice a year 4 DRAIN INLET WITH FILTER INSERTS 34 07018° -117 21449° Peter Bhakta Before & After ram event 5 STORM DRAIN SIGNAGE 34 07018° -117 21449° Peter Bhakta Twice ayear 6 DRAIN INLET WITH FILTER INSERTS 34 07018° -117 21407° Peter Bhakta Before & After ram event 7 STORM DRAIN SIGNAGE 34 07018° -117 21407° Peter Bhakta Twice a year 8 DRAIN INLET WITH FILTER INSERTS 34 06986° -117 21507° Peter Bhakta Before & After ram event 9 STORM DRAIN SIGNAGE 34 06986° -117 21507° Peter Bhakta Twice a year 10 DRAIN INLET WITH FILTER INSERTS 34 06965° -117 21505° Peter Bhakta Before & After ram event 11 STORM DRAIN SIGNAGE 34 06965° -117 21505° Peter Bhakta Twice a year Exhibit D BMP Location Map LLU fGgNIA AVENUE � ® DOC #2019-0335326 Page 9 of 9 'wise I Cr ill!