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HomeMy WebLinkAboutContracts & Agreements_2020-0189467RECORDING 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 Recorded in Official Records County of San Bernardino Bob Dutton (assessor -Recorder -County Clerk DOC i! 2020-0189467 06/09/2020 10 56 AM SAN G8467 SPACE ABOVE THIS LINE FOR RECORDER S USE Titles 1 Pages 10 Fees Taxes CA SB2 Total 0 00 O 00 Fee 0 00 O 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0294-141-33 THIS AGREEMENT is made and entered into this `/ day of and between Pluto Plaza, LLC, a California limited liability company ("Owne Redlands, a municipal corporation ("City") The Owner and the City are individually referred to herein as a "Party" and, collectively, as the "Parties " RECITALS 20 by , and the City of sometimes each 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 226 Edgemont Drive and filed as 2271 -SP, 2271 -PG (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 vegetated swales, rip rap swales, sediment forebays and infiltration basins (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 0 \My Word Files\WQMPIHELO RESIDENCE MAINTENANCE AGREEMENT docx 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 Pluto Plaza, 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 0294-141-33, 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 0 \My Word Eiles1WQMPIHELO RESIDENCE MAINTENANCE AGREEMENT docx 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 Aysar Helo, Manager Pluto Plaza, LLC 28809 Harwick Drive Highland, CA 92346 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 0 \My Word Files\WQMPIHELO RESIDENCE MAINTENANCE AGREEMENT docx IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS OW C11.- Charles 1'L Charles M Duggan Jr , C ty; anagen Ay a/' elo, Manag- r P to Plaza, LLC, California limited liability company Attest ne Donaldson, City Clerk Replace this page with a fully executed Notary Acknowledgment page. 5-62, t\ 6610,NA 61,011�t- City of Redlands 0 \My Word Files\WQMP\HELO RESIDENCE MAINTENANCE AGREEMENT docx 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 California bcCounty of ��tl 4cuidinU ) On 5 II- ('i before me, (c{4Ll N CIV6Z ��t� A) w'w�(141(,. (insert name and title of the officer) personally appearedP(1/5i4f 4e() who proved to me on the basis ofatisfactory 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 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 s Signature (Seal) J11111111111111111I1111111111111I11116 GERALD ALCARAZ JR r ` ' COMMISSION #2184954 n U NOTARYPUBUC CAUFORNIA RIVERSIDE COUNTY `` My Commission Expires February 27 2021 311111/111111101111111111/11111111111; 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 Sail') t'1(t r"C(({ } '' On Li,11.L, r .2-C2J Date personally appeared before me, C ir1Si Af -r1-1 P 1,-)1 is Here Insert Name and Title of the Officer ih, )Ltr'�c)a,Il ,�,� `}t .7i-ami(4o) ic(-011 NbMe(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nam e4.),i/are subscribed to the within instrument and acknowledged to me that rte/lie/they executed the same in his/her/their authorized capacitsc(ies), and tha His/her/their signaturegon the instrument the persons) or the entity upon behalf of which the pers (s) acted, executed the instrument DIANA RAINS Notary Public • California San Sernardiao County Commission # 2115775 M Comm. Ex sires 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 / ACL 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 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 — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other Signer is Representing 0 Guardian of Conservator Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner -- 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator O Other Signer is Representing ©2017 National Notary Association Exhibit A Legal Description All that certain property shown on Deed recorded as Document No 2019-0180220 on June 4, 2019 in the County of San Bernardino, State of California, described as follows, THE WEST % OF GOVERNMENT LOT 10, SECTION 12, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA EXCEPTING THEREFROM THAT PORTION COMMENCING ON THE SOUTHEAST CORNER OF SAID WEST '/2 OF GOVERNMENT LOT 10, THENCE ALONG THE EAST LINE OF THE WEST %2 NORTH 315 FEET, THENCE WEST PARALLEL WITH SAID LOT LINE, 300 FEET, THENCE NORTH PARALLEL TO THE EAST LINE OF THE WEST 1/2 OF SAID LOT 10, 285 FEET, THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 338 FEET, MORE OR LESS, TO A POINT IN THE WEST LINE OF SAID LOT, THENCE SOUTH ALONG SAID WEST LINE, 600 FEET TO THE SOUTHWEST CORNER OF SAID LOT, THENCE EAST ALONG THE SOUTH LINE TO THE POINT OF BEGINNING EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, BY DEED RECORDED APRIL 30, 1959 IN BOOK 4805, PAGE 162, OFFICIAL RECORDS, FOR ROAD PURPOSES ASSESSOR'S PARCEL NUMBER 0294-141-33 0 \My Word Elles1WQMPIHELO RESIDENCE MAINTENANCE AGREEMENT docx Exhibit 8 Map A P N. 0294-141-33 DOC # 2019-0180220 PTN LOT 10 SEC 12, T 2 S, R 3 W PER DEED D ECM ON T DR! V E 8K• 4805 PG. 162, 30 2, O.R. 1959 0 \My Word Files\WQMPIHELO RESIDENCE MAINTENANCE AGREEMENT docx Exhibit C Stormwater Pollution Control Devices 0 \My Word Fdes1WQMPIHELO RESIDENCE MAINTENANCE AGREEMENT docx Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude LongitudeMaintenance Provided 13y Frequency 34 01710 -117 15407 Before Wet 1 Vegetated Swale 34 01757 34 01787 -117 15450 -117 15468 Property Owner Season (October l) and After 34 01790 -117 15474 Each Rain Event Before Wet 2 Sediment Forebay 34 01790 34 01791 -117 15432 -117 15524 Property Owner Season (October 1) and After Each Rain Event 34 01727 -117 15401 34 01717 -117 15476 Before Wet Property Season (October 3 Infiltration Basin 34 01790 -117 15432 Owner 1) and After 34 01791 -117 15524 Each Rain Event 34 01713 -117 15560 4 Driveway Sweeping 34 01726 -117 15427 Property Owner Monthly 5 Landscape/Irrigation 34 01710 -117 15407 Property Every Two Management 34 01757 117 15450 Owner Weeks 0 \My Word Fdes1WQMPIHELO RESIDENCE MAINTENANCE AGREEMENT docx Ci Exhibit D BMP Map r f." 0 \My Word Files\WQMP\FIELO RESIDENCE MAINTENANCE AGREEMENT docx