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Home My WebLink AboutContracts & Agreements_205-2012_CCv0001.pdf Recorded in Official Records, County of San Bernardino 12lubizu IZ DENNIS DRAEGER 9.09 AM NC RECORDING REuuESTEDar �aeKeexw+WOw ASSESSOR - RECORDER - CLERK City Clerk, Redlands 'ai'� AND WHEN RECORDED MAIL DOCUMENT AND �* P Counter TAX STATEMENT TO '4 Titles: 1 Pages: 7 Doc#: 2012—052079 NAM Fees 0.00 City Clerk Taxes 0.00 s,FM City of Redlands Other 0.00 ADOPMU PO BOX 3005 PAID $0.00 am STATE i Redlands CA 92373 ZIP 000E FE28 NOT ROQUIRED PER ff5V91MRM tMg SECTION 9103 CA Street Median Maint APN-0167-541-09 SPACE ABOVE FOR RECORDERS USE ONLY Redlands BC 700 LLC, McShane AGREEMENT T OR Ill.'s R,.%p0RD . R We UwE ONLY THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (#3.00 Additional Recording Fee Applies) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Office City of Redlands P.O. Box 3005 Redlands, CA 92373 And to: ALLEN MATKINS LECK GAMBLE MALLORY&NATSIS LLP 1900 Main Street,5th Floor Irvine, California 92614-7321 Attention:Michael Joyce, Esq. (SPACE ABOVE FOR RECORDER'S USE) CALIFORNIA STREET CENTER MEDIAN MAINTENANCE FUNDING AGREEMENT (AFFECTS APN 0167-541-09) This street center median maintenance funding agreement ("Agreement") is made and entered into this 40' day of December, 2012 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Redlands BC 700 LLC ("McShane"). City and McShane are sometimes individually referred to herein as a "Party" and, together, as the "Parties." WHEREAS,McShane is the developer of an industrial warehouse project, subject to City of Redlands CUP No. 984, which is located on certain real property more particularly described in Exhibit"A"attached hereto(the"McShane Parcel"); and WHEREAS, McShane is funding a portion of the construction and landscaping of the California Street center median (the "Median") in conjunction with a private agreement with Watson Land Company("Watson"); and WHEREAS, McShane agreed to maintain the Median, at McShane's expense, for a period of twelve(12)months after the date of completion of the Median by Watson; and WHEREAS, upon completion of the Median and the one (1) year maintenance period, McShane has offered to pay the City the sum of Two Thousand Four Hundred Sixty One and 59/100 Dollars ($2,461.59) per year for continued full median maintenance purposes in lieu of McShane entering into the City of Redlands Community Facilities District No. 2004-1; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and McShane agree as follows: Page I of 3 1:caldini',Apreements\McShane.Califoniia St Median Maintenance Funding Agmt.doc Section 1. In lieu of entering into City of Redlands Community Facilities District No. 2004-1 for the maintenance of the Median (CUP No. 984), Mcshanc shall pay annually to the City the sum of Two Thousand Four Hundred Sixty One and 59/100 Dollars ($2,461.59) each year commencing on July 5, 2013. Each payment shall be due and paid to the City by the fifth (5'b) day of July for which it is made. From and after the Effective Date of this Agreement, City shall be responsible for all further landscape, hardscape and amenity repair associated with the California Street Center Median. Section 2. The annual sum shall increase over time in accordance with City of Redlands Community Facilities District No. 2004-1. The rate of increase shall be increased by the percentage increase in the Consumer Price Index for Los Angeles-Riverside-Orange County (1982-1984 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater on July 1, 2005 for Fiscal Year 2005-2006 and on each subsequent July I for the Fiscal Year then commencing. Section 3. This Agreement represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, verbal or written agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved and signed by City and McShane. Section 4. In the 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 attorney's fees, including fees for use of in- house counsel by a Party. Section 5. This Agreement and the rights, duties, obligations, covenants, benefits and burdens set forth herein shall be covenants running with the land in accordance with California Civil Code Section 1468 and shall be binding upon the Parties, and all future owners or encumbrancers of the McShane Parcel and their respective successors and assigns during their respective period of ownership. Section 6. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Page 2 of 3 1:\ca\djni�.Agreements,,McSbane.Califoniia St Median Maintenance Funding Agmt.doc IN WITNESS WHEREOF, duly authorized representatives of the City and McShane have signed in confirmation of this Agreement. CITY OF REDLANDS REDLANDS BC 700,LLC A Delaware limited liability company A By: �j A– 3r- By: McShane/MetLife Master Pete Aguilar, Mayor Limited Partnership, an Illinois limited partnership, its sole member ATTEST: By: McShane Development Company,LLC By: A Delaware limited Sam IrwVn, Clity Clerk liability company, its Gen er By: Frc�s`i—dcnt Page 3 of 3 1:',ca',dja�,Agreements,MeShane.California St Median Maintenance Funding Agnit.doc ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDL By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3,Section 40814, of the California Government Code, on December 4, 2012, before me, Teresa Ballinger, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk, who proved to me on the basis of satisfactory evidence to be the per who name(s)islare subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/heir/their authorized capacity(ies) and that by his4ier4their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California flu-it the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ety .......... ARTHUR S. IRWIN,CITY CLERK 1883 5k 111"ll"OFW1 Teresa Ballinger, City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s)signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attomey-In-Fact Principal(s) Trustee(s) Trust x Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW- Tide or Type of Document: California Street Center Median Maintenance Funding Agreement Date of Document: December 4, 2012 Signer(s)Other Than Named Above: Redlands BC 700, LLC by McShane/MetLife Master limited partnership by its sole member McShane Development Company, LLC by: John Dobrott,President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .r��.`r�', �,---_'.. '.�e� � `c�;c�! ,�^ € ,�-�`. n�'.��->c' ,:;� € `;�C`.�: r�1,c� ,�'aE �. •€� ". .tom" ts.�y"�: State of California X County of t 4, On before nae; t� � � � e�� ' t - � Dar r I -Name and Ile=o*the officer personally appeared -- =- t -- -- -- `dame,$)of Signegs 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 cOURYhis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the rn mrssiCfn # 1974556 4 Norafy NotaryPtiticfi€ tia person(s) acted, executed the instrument. :range County `Xpires Apr 6, 2916 1 certify under PENALTY OF PERJURY under the laws of the Mate of California that the foregoing paragraph is true and correct. WITNESS my hand and offi ial se 1. Signature: Place Notary Seal Above g �g p nature of Notary, bi Pub OPT l NAL Though the irfounation below is not required by law. it may prove valuable to persons relying on the document and com'd prevent fraudulent rernoval and reattachment of this firm to another docu,-rent. Description of Attached Document on Title car Type of Document:-- Ar - - y-- - ------------ -- — � Document Date: --- - - Dumber of Pages: 13 Signer(s)Other Than Named Above:Capacity(les) Glared by Signer(s) ` Signer's Name: _- Signer's Name: - - ----— - Corporate Officer Titles) --__ _ _ Corporate Officer—1 itfetst:- -- _ individual El individual Partner— Limited Generali Tor.yf,own-s�� Partner— ; Limited -General ; , of Attorney in Fact i Attorney in Fact Trustee Trustee I Guardian or Conservator I Guardian or Conservator Other: -- - � Other — Signer Is Representing: Signer Is Representing i l I 4 s � v'c=A.; 1CX,X-,,;.__r, ✓u" '- iUPV,-£: X.✓v,L4,1_X,11t „"=t G:= 11_`,'�':J* '�,,.YV� -X- „PIS, = ._ " ;v:,"a-x;,z 2010 Nw=:al Notary Assodation•Nationa Notary org.1-800-US NOTARY(1-800-876-6827) Item#59U" EXHIBIT A LEGAL DESCRIPTION 33.53 ACRE PARCEL That parcel of land described in Exhibit A of Certificate of Compliance Lot Line Merger No. 560, in the City of Redlands, County of San Bernardino, State of California. Recorded February 28, 2012 as Instrument No. 2012-0075846 of Official Records, in the office of the County Recorder of said County.