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HomeMy WebLinkAboutContracts & Agreements_258-2019RECORDING 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# 2019-0465470 12/17/2019 Titles 1 Pages 11 01 34 PM SAN Fees $0 00 Taxes $0 00 14312 CA SB2 Fee 0 00 Total $0 00 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-271-37 0169-271-38 0169-271-39 0169-271-54 0169-271-40, Portion of THIS AGREEMENT is made and entered into this day of ri i0t')1, 2011 by and between Property One, 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 herem by this reference, and WHEREAS, at the time of approval of the Owner's development project commonly known as J Riley Distillery and Restaurant — 349 N Eureka Street, Redlands, CA 92374 and filed as CUP #1130 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants m urban stormwater runoff, and WHEREAS, the Owner has chosen to install Pervious Concrete Pavement, Depressed Planters, and Bioretention Basins (the "Devices") to inimmize pollutants in urban stormwater City of Redlands Q \1188-0166 Distillery Parking\WQMP\Maintenance-Agreement\1188-0166-Stormwater Treatment - Maintenance Agreement -2019 -12 -12 -new docx DOC #2019-0465470 Page 2 of 11 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 pnvate property and draining only pnvate 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 necessanly 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 pertaimng to confined space and waste disposal methods m 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 Property One, 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 inspectmg, 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 matenals 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 appropnate 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 0169-271-37, 0169-271-38, 0169-271-39, 0169-271-54, 0169-271-40, portion of, and shall be recorded in City of Redlands Q \1188-0166 Distillery Parking\WQMP\Maintenance-Agreement\1188-0166-Stormwater Treatment - Maintenance Agreement -2019 -12 -12 -new docx DOC #2019-0465470 Page 3 of 11 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 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 m 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 Dave Atchley Property One, LLC, a California limited liability company 380 New York Street Redlands, CA 92373 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 City of Redlands Q \1188-0166 Distillery Parking\WQMP\Maintenance-Agreement\1188-0166-Stormwater Treatment - Maintenance Agreement -2019 -12 -12 -new docx DOC #2019-0465470 Page 4 of 11 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS Attest PROPERTY ONE, LLC A California limited liability company Connell, Acting City Manager Dave Atchley, Facihtie-" anager Jea`rtiie Donaldson, City Clerk City of Redlands Q \1188-0166 Distillery Parking\WQMP\Maintenance-Agreement\1188-0166-Stormwater Treatment - Maintenance Agreement -2019 -12 -12 -new docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT DOC #2019-0465470 Page 5 of 11 CIVIL CODE § 1189 :•.red. .:.ISSe.,,e.,iz [•:F a^•.d.If 4 :xx52,5 $0,7! rs:r:x Jr4:la f....;7o f.f t•eadkrS. k.VI R...ey.:n. age. ....., s.++.4':#:ev..^..°:.%:+:: ::.:. �....as :, % 3•.3df:.> 3:::.. �:.v.:...a...M=..:'..a:.:.-n•72:xYAsyi?VA'ai^5c^444.°s: 'Fsc:?xr•:�::2'•5��:.^:i:a:ii:�'•'�rix�•i�-'.;:`.,w::G.,r'. 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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 )C1.41 On 0, Li 9 Date personally appeared �� <= �'i C�)'i � before me, 1 F1 C"\ I' C� i �� ` ' U� & I� r C , Here Insert Name and Title of the Officer r'1 C1 r. ► "1 v'L 1 i �>• '1e` l < 1, Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(i ),whose nam elis are subscribed to the within instrument,and acknowledged to me that lie/Ne/they executed the same in RisLtier(their authorized capacity((e ' and that ritis/her/their signatures) on the instrument the person(6),;or the entity upon behalf of which the person s) cted executed the instrument DIANA RAINS Notary Public - California San Bernardino County z 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 OPTIONAL a 4/1(k_ f. c t 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='L11 7 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 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 ❑ Individual 0 Attorney in Fact O Trustee 0 Guardian of Conservator ❑ Other Signer is Representing .ih •f$�. x �: • n.:}•+ .ea:t.>.. : S:�v AS >.r .Y.>...q• • . Yey.. ....'.:,.�.,.�.,.,.:.,:.:.�,:..,.s�3?�<.3:ra:•.•f...�':�::rk.�sr}:r.'3�r. ..-�;:kvtc:=ua�•�:`.x'3�.:ra.'e:.•.:5,3 ��ys=1r�'s..,. ��.�:da's^�nS*�:::.;:�3�rrf �!•;�r'1.•)isre`s"�o�•sas€r�::x:,•,: .:,•;i,.: ©2017 National Notary Association CALIFORNIA JURAT WITH AFFIANT STATEMENT DOC #2019-0465470 Page 6 of 11 GOVERNMENT CODE § 8202 € :iazdzs, 044:w.5'ac^k..si# §k H vannas. s. ote•vi` .i1:e:-?: }3 }Y Osi,:0:€, :Mhs* f:tatSaa V914445%5€4'5.', }'',:ei as UO01. 44?k1 ' 8'44%*****4 ':'h`4444' See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s] not Notary) Signature of Document Signer No 1 Signature of Document Signer No 2 (if any) 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 z z z FERNANDO J FRIAS Notary Public Cahforn a San Bernardino County z Commission # 2163109 M Comm Expires Sep 16 2020 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 16 by Date day of December 2019 , Month Year (1) Da4e AWkt.9 (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Signature Signatureof Notary Public 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 ©2017 National Notary Association DOC #2019-0465470 Page 7 of 11 WQMP EASEMENT EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STA1E OF CALIFORNIA BEING A PORTION OF LOT 27 OF BLOCK 77, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE MAP FILED IN BOOK 7 OF MAPS, PAGE 2 IN TIIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LOTS 11 THROUGH 20 OF BLOCK `B" AND TIIE SOUTHERLY 10 00 FEET OF PARK STREET OF THE FAIRBANKS AND WILSON SUBDIVISION MAP, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 4 OF MAPS, AT PAGE 47, OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 20 AND THE SOUTH LINE OF PARCEL 22 OF GRANT DEED RECORDED MARCH 30, 1993 AS INSTRUMENT NO 93-137041, OFFICIAL RECORDS OF SAID COUNTY, AS SHOWN ON RECORD OF SURVEY 11-0077 FILED IN BOOK 148 OF RECORD OF SURVEYS AT PAGES 73 THROUGH 92, INCLUSIVE , OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTH LINE BEING THE NORTH LINE OF THE SOUTH 10 00 FEET OF PARK PER RESOLUTION 7986 STREET VACATION NO 469 RECORDED JUNE 19, 2019, AS DOCUMENT NO 2019-0201965, OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, THENCE SOUTH 89°46'32" WEST ALONG SAID SOUTH LINE A DISTANCE OF 530 00 FEET, THENCE SOUTH 00°17'20" EAST A DISTANCE OF 144 92 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF ORIENTAL STREET, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVE A RADIUS OF 255 00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 7°37'24" WEST, THE FOLLOWING 7 COURSES ARE ALONG SAID NORTH RIGHT OF WAY LINE 1 THENCE EASTERLY ALONG SAID NORTH RIGHT OF WAY AND SAID NON - TANGENT CURVE THROUGH A CENTRAL ANGLE OF 7°53'21, AN ARC LENGTH OF 35 11 FEET, 2 THENCE SOUTH 00°17'20" EAST A DISTANCE OF 5 70 FEET, 3 THENCE NORTH 89°42'43" EAST A DISTANCE OF 157 00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 152.25 FEET, 4 THENCE EAS IERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°08'20", AN ARC LENGTH OF 42 89 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 152.25 FEET, 5 THENCE EAS I ERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGT.P OF 16°08'20", AN ARC LENGTH OF 42.89 FRET, Page 1 of 2 DOC #2019-0465470 Page 8 of 11 WQMP EASEMENT EXEDBIT "A" LEGAL DESCRIPTION 6 THENCE NORTH 89°42'43" EAST A DISTANCE OF 235 36 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 18 00 FEET, 7 THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'03", AN ARC LENGTH OF 28 27 FEET TO THE EAST LINE OF SAID LOT 20, THENCE NORTH 00°17'20" WEST ALONG THE EAST LINE, A DISTANCE 122.46 FEET POINT OF BEGINNING CONTAINING 1 77 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGALDESCRIP OR UNDE 4 RD RI//—ZZ/ci S F ONG P L S DATE N WAS PREPARED BY ME C ' ON Page 2 of 2 co\�)LLAN a. No.8422 �9 6G 0 DOC #2019-0465470 Page 9 of 11 EXHIBIT "B" NORTH LINE OF RESOLUTION 7986 STREET VACATION NO 169 REC 6-19-2019 AS DOCUMENT NO 2019-0201965 O R SHEET 1 OF 1 PARCEL 22 OF GRANT DEED REC MARCH 30, _1993 AS INSTRUMENT NO. 93-137041 O.R. R.S. 148/73-92 S89 46'32"W 530 00' SOUTH LINE OF PARCEL 22 W O N a PORTION OF LOT 27 BLOCK 77 M B 7/2 D=7'53 21" R=255 00' L=3511' 5015'58"g131 S017'20"E 5 70' PORTION OF BLOCK "E" FAIRBANKS AND WILSON SUBDIVISION M.8 4/47 D=16'0B'20" R=152 25' L=42 89 D=16'08'20" R=152.25' L=42 89' POINT OF BEGINNING D=90'00'03" R=18 00' L=28 27' 1 N89'42'43"E 157 00 L7'37124.A13) N89'42'43"E 235.36' LN1625'37''W.R1 ORIENTAL STREET N. EUREKA STREET LEGEND; F7— INDICATES EASEMENT AREA / Ge— I GL RICHARD S FURLONG, P L S 2 DATE PARCEL MAP NO 11197 P M B 140/93-95 t"LANps r NO. 8422 F OF CO SCALE 1" = 80' Engineering and •. , uli 1470 P450 500505 9001E, 5011044 CA a PIC (�) 103-0101 nrtfOnmm Latitude 34 05890 34 05890 34 05893 34 05887 34 05867 34 05861 34 05861 34 05877 34 05858 34 05858 34 05856 34 05856 Longitude -117 18708 -117 18751 - 117 18790 - 117 18655 -117 18647 -117 18653 Maintenance Provided By Frequency Property One, LLC Property One, LLC Property One, LLC Property One, LLC Property One, LLC -117 18790 -117 18787 - 117 18667 - 117 18721 - 11718753 DOC #2019-0465470 Page 10 of 11 Exhibit C Stormwater Pollution Control Devices BMP# 4 1E1 6 8 9 10 Stormwater Pollution Control Devices BMP or Pollution Control Device S5 Depressed Planter SD -20 Pervious Concrete TC -32 Bioretention S5 Depressed Planter S5 Depressed Planter S5 Depressed Planter TC -32 Bioretention S5 Depressed Planter S5 Depressed Planter S5 Depressed Planter S5 Depressed Planter S5 Depressed Planter -117 18780 Property One, LLC Property One, LLC Property One, LLC Property One, LLC Property One, LLC Property One, LLC Property One, LLC Prior to Rainy Season, 48 hours afer rain events, Vacuum sweep twice/year minimm DOC #2019-0465470 Page 11 of 11 EXHIBIT D - BMP LOCATION MAP 11111 GRAPHIC SCALE 60 0 30 60 0 120 1" = 60'