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HomeMy WebLinkAboutContracts & Agreements_220-202010/7/2020 Document -12205450 -Page -1 RECORDING 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 0 Electronically Recorded In Official Records County of San Bernardino Bob Dutton Assessor -Recorder -County Clerk DOC# 2020-0383393 10/00/2020 Titles: 1 Pages: 10 04:57 PM SAN Fees $0.00 Taxes $0.00 11287 CA SB2 Fee 0.00 SPACE ABOVE 'MIS LINE FOR RECORDER'S USE Total $0.00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0298-042-17 & 18 4� THIS AGREEMENT is made and entered into this t,e2 day of Slit—(24:49—r, 209', by and between Santiago Holdings II, LLC, a California Limited Liability Coany ("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 1248 N. Wabash Avenue and filed as CUP 1139 (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 Contecli CMP Underground Infiltration System and Hydrodynamic Separator (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 R Ila S:\Projects\2019\190B0Marks_JIB Mentone_1248 N. Wabash Redlands CA\WQMP\O&M Plan\19080_Stormwater Treatment -Maintenance Agreement_JIB Redlands.docx 1/1 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 Santiago Holdings II, 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. 0298-042-17 & 18, 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 S:\Projects\2019\19080 Marks JIB Mentone_1248 N. Wabash_Redlands CA\WQMP\O&M PIan119080_Stormwater Treatment -Maintenance Agreement_JIB Redlands.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 Ari Miller Santiago Holdings II, LLC, a California Limited Liability Company 9454 Wilshire Blvd, #650 Beverly Hills, CA 90212 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 Cdy of Redlands S:\Projects\2019\19080 Marks_JIB Mentone_1248 N. Wabash_Redlands CA\WQMP\O&M PIan119080_Stormwater Treatment -Maintenance Agreement_JIB Redlands.docx IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS Charles M Dugga , C Manager A•i ler, Mager Santiago Holdings II, LLC, a Califon r.a Limited Liability Company "� Attest Donaldson, City Clerk City of Redlands S \Projects12019119080_Marks_JIB Mentone_1248 N Wabash_Redlands CAIWQMPIO&M Pian119080_Stormwater Treatment -Maintenance Agreement_JIB Redlands docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe 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 } 1 County of 5d-sf1 n0.A- 1 n� On C c4 be - 1 , 2_02- 0 Date personally appeared before m h.arte s CY) e, } > aria- k011'1S r Y1 O -ar 1 P LG Here Insert Name and Title of the Officer C l� u T .2--ea.vtrt�1) of aiiciZo rL0e(s)l , r of Signer(s) who proved to me on the basis of satisfactory evidence to be the person()whose nam;, i/are subscribed to the within instrument and acknowledged to me that h-h/s'1ve/they executed the same in tier/their authorized capacity,, and tha .y NAV/their signatur (s on the instrument the perso ( or the entity upon behalf of which he persoacted, executed the ins rument DIANA RAINS Notary Public California San Bernardino County Commission # 2175775 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 4)u11[a' 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 C.D c -(r 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) 0 Corporate Officer — Title(s) O Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact 0 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator 0 Trustee 0 Guardian of Conservator O Other 0 Other Signer is Representing Signer is Representing fI39 ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 c�.�cr,�,c;rr.�rc�.,cmc=,s�:,�,c:cac�<�,erre,rc,�c.�-cs,�,�„r=.�c�.rr,�.,�,c-c,�,crc�,���r•..�m.�.�.�.�,�,e:,�•r�,�r,�.�,�r-;�,r-,c-tr.�-tz��+,c�-.�cs.�rrr�s 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 L03 deS ) J zOn (P •• A}0 before me,( r)Cr tnEt'V e [0 �' .. i"-tz Date Hefr�f Insert Name arhd Title of the Officer ,/ 6`I loll Ii — personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(' is/aria subscribed to the within instrument and acknowledged to me that he/executed the same in his/Iziariltheirauthorized capacityyeaj', and that byJiis/hsi theirsignatureon the instrument the person(K 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 ALEXANDRA KELSEY COM 02298032 Narmy PUBLIC - CALIFORNIA n V.' s 1 W$ ANGELES COUNTY My Comm Expkes July 31, 2023 t Place Notary Seal Above WITNESS my hand and official seal Signature Signature of Notary Public/././ OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document coil) Title or Type of Docu nt 6�F_ vLC t�" � �`� rZ � lC e �= � � Document Date 1% 5,�"�t c� Number of Pages Signers) Other Than Named Alhove V' �'t CL& Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ther �� et— igner Is Representing i•Ia CckeLy Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing •e��a, -tr e. a y�y:-er: ..y..yq`eppvc -ev4W4,914W W. d •e•Ce.ger, •d •ee . F •e• •et F W6'(, a,• -AY- -tree..-e.- ©2015 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED REDLANDS, IN THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A, LOT 25 AND THE NORTH 20 FEET OF LOT 24 BLOCK 7 MENTONE TOWNSITE, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 PAGE 35 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETHER WITH THAT PORTION OF THE WEST HALF OF THAT CERTAIN ALLEY ABUTTING SAID LOT(S) 25 AND 24 ON THE EAST BOUNDED NORTHERLY BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 25 AND SOUTHERLY BY THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH 20 FEET OF SAID LOT 24 VACATED BY RESOLUTION NO 85-206, OF THE COUNTY OF SAN BERNARDINO RECORDED APRIL 25 1985 AT RECORDING NO. 85-097459, OF OFFICIAL RECORDS. APN: 0298-042-17-0-000 PARCEL B: LOTS 22, 23 AND 24 BLOCK 7 MENTONE TOWNSITE, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6 OF MAPS, PAGE 35 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETHER WITH THAT PORTION OF THE WEST HALF OF THAT CERTAIN ALLEY ABUTTING SAID LOT(S) 22, 23 AND 24 ON THE EAST BOUNDED NORTHERLY BY THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 24 AND SOUTHERLY BY THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 22 VACATED BY RESOLUTION NO 85-206 OF THE COUNTY OF SAN BERNARDINO RECORDED APRIL 25, 1985 AT RECORDING NO 85-097459 OF OFFICIAL RECORDS. EXCEPT THEREFROM THE NORTH 20 FEET OF LOT 24 APN: 0298-042 18-0-000 WABASH AVENUE 40' 44' 0 0 Exhibit B Map PUBLIC ALLEY MENTONE TOWNSITE BLK 7 BK. 6 PG. 35 PROPOSED 4' -WIDE I C ROADWAY EASEMENT TO THE CITY OF REDLANDS 4 MENTONE TOWNSITE BLK 6 BK. 6 PG. 35 0 0 C9 LOT25 LOT 24 LOT 23 LOT 22 NAPLES AVENUE PARCEL A AP N : 0298-042-17-0-000 ALL YV•CATED BY RESOLUTION NO. 85-206 PARCEL B APN:0298-042-18-0-000 1 - I J_ 10' L._ _ Commercial De elopment Re EXHIBIT B.• MAP JACK IN THE BOX 1248 N WABASH AVENUE REDLANDS, CA 92374 S;\Pr " cks\2019\19050_Morks_JIB M Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 Contech CMP Underground Infiltration System 34.06921 117 13867 Owner At least once per year Inspect prior to the start of rainy season (Oct. 1st) and after storm events. 2 Hydrodynamic Separator (AquaSwirl Unit by AquaShield) 34.06928 117 13867 Owner At least once per year Inspect prior to the start of rainy season (Oct. 1st) and after storm events. 3 4 5 6 7 8 9 10 WABASH AVENUE Exhibit D BMP Map EXISTING FUELING STATION (N.A.P.) aai PUBLIC ALLEY EXISTING RESIDENTIAL (NAP.) 1 PROPOSED BUILDING n / O BMP #2: HYDRODYNAMIC SEPARATOR BMP #1. CONTECH CMP UNDERGROUND INFILTRATION SYSTEM NAPLES AVENUE EXISTING RESIDENTIAL (N.A.P.) 40 0 20 40 GRAPHIC SCALE 1"=40' Ccmi Development Resources rem oWs "in t we ewpo eN, B Taw DR 0 9 0 U m 5 EXHIBIT D • BMP LOCATION MAP JACK IN THE BOX 1248 N WABASH AVENUE REDLANDS, CA 92374