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HomeMy WebLinkAboutContracts & Agreements_47-2020RECORDING 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 SP �( 1- Ai30V Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder -County Clerk DOC# 2020-0093502 03/16/2020 Titles 1 Pages 9 0357 PM SAN Fees $0 00 Taxes $0 00 14312 CA SB2 Fee 0 00 Total $0 00 I11SIINFiURRE( ORDER SUSF STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor s Parcel Number(s) 0169-022-30-0000 THIS AGREEMENT is made and entered into this I j day of r(hqC f , 2020, by and between U-STOR-IT Redlands, 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 U-STOR-IT Redlands located at 832 West Colton Avenue, Redlands, CA 92374 and filed as CRA 908 (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 Infiltration Basin and Catch Basin 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 City of Redlands P \DWG OMEGA\0541 Redlands U-Stor-It\STORMWATER REPORTS\Water Quality\O&M\Stormwater Treatment Maintenance Agreement 2020 docx DOC #2020-0093502 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 U-STOR-1T Redlands, 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 tails 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 0169-022-30- 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 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 City of Redlands P \DWG OMEGA\0541 Redlands U-Stor It\STORMWATER REPORTS\Water Quality\O&M\Stormwater Treatment Maintenance Agreement 2020 docx DOC #2020-0093502 Page 3 of 9 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 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 Lawrence S Nora U-STOR-IT Redlands, LLC 501 W Broadway Suite 2020 San Diego, CA 92101 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 Charles M Duggan J Attest ne Donaldson, City Clerk OWNER Lawrence S Nora Manager U-STOR-IT Redlands, LLC, a California limited liability company 501 W Broadway Suite 2020 San Diego, CA 92101] City of Redlands P \DWG OMEGA\0541 Redlands U-Stor-It\STORMWATER REPORTS\Water Quality\O&M\Stormwater Treatment -Maintenance Agreement 2020 docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT DOC #2020-0093502 Page 4 of 9 CIVIL CODE § 1189 a. vR•...,,4.,attiei0....),.:73sfI#..n...s,+,...vkaa`aIW@s .z talealr•,:nas:r3'+'�=.5.-..Tx.g•3vEeMca:;>Ms:.?i+>'�.et.i's=:{::+ai:W5:siEV•`:W4,4.::;'OE?-^'esi:'i:4�ti:�...tyk€3v.0<•kii1::v $z*r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document State of California County of 6,1) N nil, CIrC (t1 On .Y1.(t'ccA-1 I 2 c ` C' before me, Date personally appeared (111�,>,.rle5 ,� ��%�� C�4 � C Ci � CLu�4�� �C(1Ci�d La i �J Name(s) of Signer(s) } l t cL CSL i 1 S. (�;' � C e j Here Insert Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be the person(4)whose namegyl$/ re/subscribed to the within instrumt, and acknowledged to me that executed the same in his/h6r/their authorized capacity iesli and that by Ills/hi.r/their signature .on the instrument the person s), or the entity upon behalf of which the person(s) acted executed the instrument DIANA RAINS Notary Public California = <'° �w San Bernardino County Commission #► 2175775 f. ,„ ', 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 &('LCL. Signature of 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 c5 — aThILA ?C� Document Date r —nu- Signer(s) Other Than Named Above Number of Pages Capacity(ies) Claimed by Signer(s) Signer's Name O Corporate Officer — Title(s) O Partner — ❑ Limited 0 General O Individual ❑ Attorney in Fact O Trustee 0 Guardian of Conservator O Other Signer is Representing Signer's Name O Corporate Officer — O Partner — ❑ Limite ❑ Individual ❑ Trustee ❑ Other Title(s) d 0 General O Attorney in Fact O Guardian of Conservator Signer is Representing ©2017 National Notary Association CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT DOC #2020-0093502 Page 5 of 9 CIVIL CODE § 1189 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 Callfornia County of On t ` L. S personally appeared ate e before me } omr Here Insert Name and Tide of the Offi&r Lacurenc-c, ),19 Name(s) of Signer(s) 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 YAZMIN REZA Notary Public - California San Diego County Commission # 2211201 My Comm Expires Aug 24 2021 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 se Signature OPTIONAL Signature of N. ary Pub 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 aft'1 Document Date Number of Pages Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact El Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other ❑ Attorney in Fact ❑ Guardian of Conservator Signer is Representing ©2017 National Notary Association rr DOC #2020-0093502 Page 6 of 9 Exhibit A Legal Description Real pi operty in the City of Redlands, County of San Bernal dino, State of California, described as follows PARCEL 2 OF PARCEL MAP NO. 19887, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 252 OF PARCEL MAPS, PAGE(S) 35 AND 36, RECORDS OF SAID COUNTY APN: 0169-022-25-0-000 (old); 0169-022-030-000 (new) 0 \I)WC, OMI (,A\0 41 Redlands 1) Stun It\S I ORMWA11 R RI_00k1 S\ Water Qualt)AO&M\5tormv-v t1u 1reatmLnt MalntLnancL Agreement 2020 doLv DOC #2020-0093502 Page 7 of 9 EXHIBIT 'B' MAP 10 L UGONIA AVE- w PROJECT SITE co T E COLTONAVE W COL TON VE VICINITY MAP PARCEL 2 PM IVO 19887 0169-022-30-0000 BK 252 PG(S) 35-36 WEST COLTON AVE SITE ADDRESS 828 WEST COL TON AVENUE REDLANDS, CA 92374 SITE APN 0169-022-30-0-000 LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP NO 19887, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 252 OF PARCEL MAPS PAGES) 35 AND 36 RECORDS OF SAID COUNTY LEGEND PROPERTY LINE ROW LINE CENTERLINE SCALE 1" = 100' 0 50 100 ENGINEERING CONSULTANTS DOC #2020-0093502 Page 8 of 9 Exhibit C Stoi mwatei Pollution Conti of Devices P U)W( ()M1,OA\0D41 RLdiands U Stoi It\SIORMWA11 R RIPOR1 S\Watu Quality\O&M\Stormwatei 1r1,atment-Mamtenzmei, Agrecment 2020 doL\ Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 TC -1 1, infiltration Basin N 34 063471 W 117 194015 Ownership Quarterly, before, & after events 2 Flexstorm Catch Basin Insert N 34 063241 W 117 193847 Ownership Before, & after events 3 Flexstorm Catch Basin Insert N 34 063803 W 117 194293 OwnershipBetore & after events 4 Flexstorm Catch Basin Insert N 34 063997 W 117 194293 OwnershipBefore, & after events 5 Flexstorm Catch Basin Insert N 34 064192 W 117 194291 Ownership Before, & after events 6 Flexstorm Catch Basin Insert N 34 064387 W 117 194289 Owershi Ownp Betore, & after events 7 Flexstorm Catch Basin Insert N 34 064582 W 117 194287 OwnershipBefore, & after events 8 Flexstorm Catch Basin Insert N 34 064580 W 117 194050 Ownership Before, & after events Flexstorm Catch Basin Insert N 34 064579 W 117 193816 OwnershipBefore, & after events 10 Flexstorm Catch Basin Insert N 34 064577 W 117 193579 OwnershipBefore, & after events 1 I Flexstorm Catch Basin Insert N 34 064382 W 117 193581 Ownership Before, & after events 12 Flexstorm Catch Basin Insert N 34 064187 W 117 193583 OwnershipBefore & after events 1 I Flexstorm Catch Basin Insert N 34 063992 W 117 193585 OwnershipBefore, & after events 14 Flexstorm Catch Basin Insert N 34 063794 W 117 193588 OwnershipBetore, & after events 15 Flexstorm Catch Basin Insert N 34 063732 W 117 193990 Ownership Before, & after events P U)W( ()M1,OA\0D41 RLdiands U Stoi It\SIORMWA11 R RIPOR1 S\Watu Quality\O&M\Stormwatei 1r1,atment-Mamtenzmei, Agrecment 2020 doL\ DOC #2020-0093502 Page 9 of 9 EXHIBIT 'D' BMP MAP 210 4 L UCON/A A VE- nHC 'PROJECT SITE 0 W COL TON VE VICIN LJ C- '' Q Q oc') W ' E COL TON AVE i v 'pFD a'ko TY MAP r- BMP -7 r -BMP 8MP-10-- SMP -6" BMP -11 - BMP -5 ' P-12 BMP --4 BMP- BMP-3� 14 BMP- l5 ,t, BMP 1 BMP -2 WEST COLTON AVE SITE ADDRESS 828 WEST COL TON AVENUE REDLANDS, CA 92374 SITE APN 0169-022-30-0-000 LEGEND PROPERTY LINE ROW LINE LOT LINE CENTERLINE BMP -1 SCALE 1" = 100' 0 50 rrrr.rrrT- T- „ 100 ENGINEERING CONSULTANTS