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HomeMy WebLinkAboutContracts & Agreements_93-2020 0 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder-County Clerk RECORDING REQUESTED BY DOC# 2020-0160980 AND WHEN RECORDED MAIL TO 05/13/2020 Titles 1 Pages 9 CITY CLERK 11 58 Ann SAN Fees $0 00 CITY OF REDLANDS Taxes $0 00 P O BOX 3005 11113 CA SB2 Fee 0 00 REDLANDS,CA 92373 Total $0 00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACL ABOVL THiS LINF FOR RECORDER S USL STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-244-15, 16, 17, 18 and 34 THIS AGREEMENT is made and entered into this I d day of 4U -Jv , 20ag by and between Stuart Ave 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 Proposed Building Supplies and Services Warehouse for McKernan Inc at the northeast corner of Eleventh Street and Stuart Avenue and filed as CUP 1 1 13 (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 inlet filters (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 DOC #2020-0160980 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 Stuart Ave 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 of 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 tees 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 0169-244-15, 16, 17, 18, and 34, 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 toreclosure in event of default in payment City of Redlands DOC #2020-0160980 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' tees, 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 Stuart Ave LLC, a California Limited City Engineer Liability Company City of Redlands By Bryan McKernan, Managing Member P O Box 3005 PO Box 7538 Redlands, CA 92373 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 CITY OF REDLANDS OWNER Charles M Duggan r, City anager Stuart Ave LLC, a California Limited Liability Company By Bryan McKernan, Managing Member Attest PO Box 7538 Redlands, CA 92375 , , 4. ne Donaldson, City Clerk City of Redlands DOC #2020-0160980 Page 4 of 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 California !� County of e L 11 ',(tr1 C'c( am} On # nC{� ' r�_(;> before me 4:..,)df LLi1�1 JCL I �� n Bs f ft cL6,ot Date Here Insert Name and Title of the Officer D personally appeared C�_AA CLu (P(--, {�� --) ( cti, Name(s)of Signer(s) Ectd\.r'L.C_ L A who proved to me on the basis of satisfactory evidence to be the persor( )whose name6'i,iare subscribed to the within instrument and acknowledged to me that he/slae/they executed the same in hi /h''r/their authorized capacity ies), and thatpy Risher/their signatureyon the instrument the person)'or the entity upon behalf of which the person s)acted executed the instrument I certify under PENALTY OF PERJURY under the DIANA RAINS laws of the State of California that the foregoing a�+ Notary Public California nia paragraph is true and correct San Bernardino Commission#2175775 WITNESS my hand and official seal 1__ M/Comm Expires Dec 16 2020 Signature Na Place Notary Seal and/or Stamp Above 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 CAL.,P ( II Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer— Title(s) ❑ Corporate Officer — Title(s) ❑ Partner— ❑ Limited 0 General ❑ Partner— ❑ Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Trustee 0 Guardian of Conservator ❑ Other 0 Other Signer is Representing Signer is Representing ©2017 National Notary Association o _ DOC #2020-0160980 Page 5 of 9 ALL CAPACITY ACKNOWLEDGMENT 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 ,\ CIS\a° COUNTY OF S, {\56c(3 On ••'D before me, Cc ''o (Date) l (Name and title of the officer) personally appeared \vO- C (Name of person signing) who proved to me on the basis of satisfactory evidence to be the person(s-wi•iose nam is/afe-lubscribed to the within instrument and acknowledged to me that he/sJaelt12ep executed the same is/her/t i?authorized capacity(i9617and t�y his/he+'ltfyeirsignature(.a�'on the instrument the person , or the entity upon behalf of which the person 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 °'$ STEPHANIE MARIE ACOSTA Notary Public California z San Bernardino County F< Commission # 2176344 My Comm Expires Dec 19 2020 Signature of officer (Seal) DOC #2020-0160980 Page 6 of 9 Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS LOTS 2,3, 4, 5, 6,7 AND 8 IN BLOCK 'B", SHOREY'S SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGE 26 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THOSE PORTIONS OF SAID LOTS 2,3 AND 4, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF LOT 2, THENCE ALONG THE EAST LINE OF LOTS 2,3 AND 4, SOUTH 0° 4' 24" EAST 95.30 FEET, THENCE ALONG A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1,000 FEET FROM A TANGENT BEARING NORTH 63° 50' 11" WEST THROUGH AN ANGLE OF 6°21' 12" A DISTANCE OF 110 89 FEET, THENCE COURSE "A", NORTH 70° 11' 23" WEST, 40 97 FEET TO THE WEST LINE OF SAID LOT 2, DISTANT ALONG SAID WEST LINE BEING ALSO THE EAST LINE OF 11TH STREET, 50 FEET WIDE, AS SHOWN BY SAID MAP SOUTH 0° 04' 24" EAST 35 76 FEET FROM THE NORTH LINE OF SAID LOT 2, THENCE ALONG THE WEST LINE OF LOT 2 NORTH 0° 04' 24" WEST, 35.76 FEET, THENCE ALONG THE NORTH LINE OF LOT 2 TO THE POINT OF BEGINNING City of Redlands DOC #2020-0160980 Page 7 of 9 EXHIBIT 'B' PLAT c/ INT��S 4,/ T,q TF a- °/Oa Ip LOT 2-1( /,/ % Ao /O F LOT 3 �� SS�O 00 � q Y ♦ ♦ APN OI 69-244-34 H I ' LOT 4 APN 0 169-244-16 I LOT 5 0 o w Oo APN O 1 69-244- 17 co CV Ln 4 I o N LOT 6 0 w I o W4 71- I APN 0 169-244-1 6 I z O WI o LOT 7 1- z W I APN 0 169-244- 15 ( ._LOT 8 _ _ - _ jj- _ _ _ 1 40 50' -� , STUART _ AVENUE _ N59°57'50"W _�_ LINE DATA I L I 40 97' N70°I I '23"W SCALE I "=40' DOC #2020-0160980 Page 8 of 9 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution Control Devices BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 Stormtech Underground 34 05967 -117 17530 Owner lx in October Infiltration Basin and April 2 Inlet Filter 34 06007 -117 17519 Owner lx every three months 3 Inlet Filter 34 06025 -117 17550 Ownet lx every three months 4 Inlet Filter 34 05966 -117 17550 Owner lx every three months Inlet Filter 34.05963 -117.17550 Owner lx every 5 three months 6 Inlet Filter 34 05963 -117 17520 Owner lx every three months Inlet Filter 34 05965 -117 17510 Owner lx every 7 three months 8 9 10 DOC #2020-0160980 Page 9 of 9 1 EXHIBIT 'D' BMP LOC7AP ,, ....... , BMP 03 Jo P-Rt I '&147 PROPOSED , .• TRASH '•, I . , , •! • . • ENCLOSURE BMP #2 cs .. ., . - . . PROPOSED ,,- DA 1: BUILDING PROPOSED , 1 t WAREHOUSE /OFFICE cc) 4 4 . ,1 „, , .: c\I • •" „ . 13j) ,, •'' , PROPOSED ,. . i cl • UNDERGROUND , INFILTRATION BASIN: 0 •.i'' z ,1: :1- a_ <. . , 1 , , : • , ' WI 8 W BMP #4 i', BMP #1 . . , BMP lit ' : 'BMP #6 1 !'',: , . 'L.,;1' BMP #7 I ' 4.',4 i :11 I \ - , OM* MIMI /MO , . \......m.o.. m....• , ' I' - PROPOSED RAW EXISTING RAY 101 - STUART ° 50"W — AVENUE _ — N8957' —1 N— I SCALE I "=40'