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HomeMy WebLinkAboutContracts & Agreements_210-2019RECORDING 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 10/24/2019 08 00 AM SAN G8467 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder County Clerk DOC# 2019-0382275 SPACE ABOVE THIS LINE FOR RECORDER S USE Titles 1 Pages 9 Fees Taxes CA SB2 Fee Total $0 00 $0 00 0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-281-62 THIS AGREEMENT is made and entered into this , day of (QCT' , 20 ( by and between Redlands Railway District, 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 Coffee Shop and filed as CUP 1129 (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 an underground infiltration basin and catch basin filter inserts (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 DOC #2019-0382275 Page 2 of 9 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 Railway District, 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 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 0169-281-62, 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 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 DOC #2019-0382275 Page 3 of 9 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 Redlands Railway District, LLC, a California limited liability company By Dave Atchley PO Box 7538 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 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 CIT ,/f F REDLANDS (. nide McConnell, Assistant City Manager Attest ne Donal son, City Clerk City of Redlands Agreement Version NOVEMBER 2013 Redlands ' ailway Di ct, LLC, a California limited liability company By Dave Atchley, Facilities Manager PO Box 7538 Redlands, CA 92375 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT DOC #2019-0382275 Page 4 of 9 CIVIL CODE § 1189 . .. .... ... .. .................... s ...•r•...:...,.....,.y....•. ....e.....e • •.•.• leis• EVY •7t r. +dc.tw..e.5 ...?S?::•:'l,«....T'::"'. n4wAT:'.:T• ':.1.Te 1+..;v!.:•t:.�.`.{ A vorAmre: .... ',,,m a,..3 :.�.:: �r;•S;Sar'•:�'°:"sir't^°E,:L�.:s�•?tc,:�:>:a� ?r.xr.'v4.::.air?t,•.:n:.:.r3.,..t.,i:.vaA:%:r..sa.:��.��.:a'f..Yxr�.:i£•r.,..:..�'€•..#......r...s•.,.x:�..•......s....tiv.�a� ..>. ^�i;e �•�"•r.. 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 <)C l ItC1 ` On L C' 1 L1 Date personally appeared before me I L1.4'iCl 'K114 `? i (l C)1 -a..r oi Here Insert Name and Title of the Officer ,oc\ .t' .J (Litt tlC - d \ct�� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person s) whose namd i't/are subscribed to the within instrume t and acknowledged to me that hie/she/they execu ed the same in his/tier/their authorized capacity( ), and that by his/rter/their signature( )`on the instrument the persorg,or the entity upon behalf of which the persor{(s) acted executed the instrument DIANA RAINS Notary Public California z San Bernardino County g Commission # 2175775 M 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 bii(t-fr\-L',._ 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 }C'i Document Date ci\s Ul.0 ', ACC�Sf Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing Signer's Name Title(s) d 0 General O Attorney in Fact O Guardian of Conservator ❑ Corporate Officer — ❑ Partner — 0 Limite ❑ Individual ❑ Trustee ❑ Other Signer is Representing ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Aik s.•.Rs4 a A4 ca. DOC #2019-0382275 Page 5 of 9 : CIVIL CODE § 1189 �w4.va L95.4 <. sN4"s} 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 October 15, 2019 before me, Veronica Burgess, Notary Public Date Here Insert Name and Title of the Officer personally appeared Dave Atchley Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name,(s) is/are subscribed to the within instrument and acknowledged to jne that he/she/they executed the same in his/Iter/their authorized capacity(i ), and that by his/her/t signature(s)-On the instrument the person(s), or the entity upon behalf of which the person(s)" acted, executed the instrument VERONICA BURGESS Notary Public California San Bernardino County z Commission # 2171206 My Gomm Expires Nov 1_52024 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 myrand and official seal Signature OPTIONAL /27 CIF 'mil Signature of No P is 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 Number of Pages Signer(s) Other Than N Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ eral ❑ Individual ❑ Attorney in Fact ❑ Trustee © Guardian or Conservator ❑ Other -/ Sig nerJs-Rtepresenting ent Date bove Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing c ?Y%C? • _. -..:. v3 v`Ys�!G'-?� v.� t. ' .mmr4u4' 4,✓...a.... 4 _A' 4W 'ex:rf : �6` 8'ef..' .'w. ©2014 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION PARCEL "A" DOC #2019-0382275 Page 6 of 9 PARCEL 2 OF PARCEL MAP NO 5659, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 53, PAGES 90 AND 91, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THEREFROM ALL THAT PORTION OF SAID LAND AS CONTAINED IN FINAL ORDER OF CONDEMNATION, AS RECORDED JUNE 25, 1998 AS INSTRUMENT NUMBER 98-243689 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY IN CALIFORNIA, IN GRANT DEED RECORDED NOVEMBER 26, 2018 AS INSTRUMENT NO 2018-0438473, OF OFFICIAL RECORDS ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 2 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2, THENCE SOUTH 89°42'18" WEST, ALONG THE NORTH LINE OF SAID PARCEL 2, A DISTANCE OF 199 98 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 00°18'30" EAST 160 04 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 2, SAID POINT BEING THE POINT OF TERMINUS DESCRIPTION CONTAINS 0 80 ACRES, MORE OR LESS DOC #2019-0382275 Page 7 of 9 H W H 1 W NOO°1715W r q, N89°42' 18"E EXHIBIT 'B' PLAT MMINIP MINIM 4MNIN MINN L=4 1 97' R=25 00' A=96°1149 T=27 86 N00°29'3 1 "W 28 90 L=48 74', R=450 66' A=06°11'49" T=24 39' ,—NOO 1742W 4607 �/ N44°35'04"W 0 40' /' N89°35'04"W 20 23' f (00°24'56"E 6 35' STUART AVENUE N89°42' 1 8"E 1 98 80' N89°35'55"E • it. 0111111111111111. 411, OMNI., 197 51 I BNSF RAILWAY NINNIN. MINIM 1 1 I SCALE I "=40' DOC #2019-0382275 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 Stormtech Underground Infiltration Basin 34 05945 -117 18584 Owner lx in October & April 2 Prefilter 34 05951 -117 18575 Owner lx every three months 3 Prefilter 34 05938 -117 18606 Owner lx every three months 4 Prefilter 34 05926 -117 18608 Owner lx every three months DOC #2019-0382275 Page 9 of 9 H c/) EXHIBIT 'D' BMP LOCATION MAP // // N89 4245"E 0 STUART AVENUE EXISTING R/W PROPOSED R/W BMP 41111•=t 41111111Mi B P #2 EXISTIN R/VV PROPOSED BUILDING PROPOSE USE COFFEE SHOP P # PROPOSED UNDERGROUND INFILTRATION BASIN PROPOSED TRASF1 ENCLOSURE L 11-1 • MP #4 CIS CIG BNSF RAILWAY SD SD SD SD CIS CIG as SD SD SCALE 1 "=40'