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HomeMy WebLinkAboutContracts & Agreements_17-2021RECORDING 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# 2021-0043807 01/29/2021 08 06 AM SAN 11113 SPACE ABOVE THIS LINE FOR RECORDER S USE Titles 1 Fees Taxes CA SB2 Fee Total Pages 10 $0 00 $0 00 $0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-281-39 THIS AGREEMENT is made and entered into this 1 � day of (In ittwy , 20, 1, by and between Property One, 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 descnbed 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 Santa Fe Depot Parking Lot — 347 Orange Street, Redlands, CA 92374 and filed as 2345 -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 Pervious Concrete Pavement, and Bioretention Areas (the "Devices") to minimize pollutants in urban stormwater runoff, specifically descnbed 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 Q \1188-0156 Santa Fe Depot\WATER-QUALITY\Maintenance-Agreement\1188-0156-Stormwater Treatment -Maintenance Agreement docx DOC #2021-0043807 Page 2 of 10 WHEREAS, the Devices being installed on private property and draining only pnvate property, are pnvate 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 contamed herein, the City of Redlands and Property One 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 m the removal and extraction of matenals 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 wntten notice by the City to do so, setting forth with specificity the action to be taken, the City is authonzed 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 No 0169-281-39 , 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 Q \1188-0156 Santa Fe Depot\WATER-QUALITY\Maintenance-Agreement\1188-0156-Stormwater Treatment -Maintenance Agreement docx DOC #2021-0043807 Page 3 of 10 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 wntten notice thereof to the other Party CITY City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 OWNER Dave Atchley Property One, LLC, a California limited liability company PO Box 7538 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 wrrtmg and approved by the City Council of City and signed by the City and the Owner City of Redlands Q \1188-0156 Santa Fe Depot\WATER-QUALITY\Maintenance-Agreement\1188-0156-Stormwater Treatment -Maintenance Agreement docx DOC #2021-0043807 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS OWNER Charles M Duggan Jr , Ci anager Attest Aciddep_v e Donal son, City Clerk Dave Atchley, Facility Manager Property One, LLC A California limited habilrty company City of Redlands Q \1188-0156 Santa Fe Depot\WATER-QUALITY\Maintenance-Agreement\1188-0156-Stormwater Treatment -Maintenance Agreement docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y S c eti�crsY cr�S Y cr�r� o ••‹ c E csc. • rr�r� nc roc DOC #2021-0043807 Page 5 of 10 . A A CIVIL CODE § 1189 A q .A 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 Califonia Cou ty of A IA_ ,_ A LI.A it On i it PAWL before me, per ate nally appeared \iwitA 11(PUCIti4 1_0101e N)); He e Insert Nom anc Title of6the Offi r r OWI i DowilaX517l (s) of Signed ) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) mare supscribed to the within Instrument and acknowledged to me that I/s7ie/they executed the same in hu/hi/their authorized capacity(ies), and that by h /hjr/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 L R MCCASLAND Notary Public California Riverside County Commission # 2319647 My Comm Expires Feb 19 2024 Place Notary Seal Above WITNESS my hand and official seal Signature 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 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 — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2014 National Notary Association • www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A A DOC #2021-0043807 Page 6 of 10 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 San Bernardino On 1/14/2021 before me, Veronica Burgess, Notary Public Date personally appeared Here Insert Name and Title of the Officer Dave Atchley Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,(81whose names} is/qr,e- subscribed to the within instrument and acknowledged to me that he/sem/tbey executed the same in his/bef/tperr authorized capacity(isej, and that by his/frftrittigir signaturp(s) on the instrument the person(s} or the entity upon behalf of which the person(s)-acted, executed the instrument VERONICA BJRGESS QJ Notary Public California �.b�, San Bernardino County z Z Z "''' Commission # 2171206 My Comm Expires Nov 15 2020 V s V W` . W V' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS m and and official seal Signat The notary commission extended pursuant to Executive Order N 63 20 Place Notary Seal Above OPTIONAL Signature • f No . ry Public 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 Title or Type of Document 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 ❑ Ge ❑ Individual ❑ Atto ❑ Trustee ❑ Other in Fact gner's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact uardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer representing Signer Is Representing ©2014 National Notary Association • www NationalNotary org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 DOC #2021-0043807 Page 7 of 10 WQMP EASEMENT EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA PARCEL 2 OF PARCEL MAP NO 9560, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 103 OF PARCEL MAPS, PAGE 72, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION 1/12/2021 RICHARD S FURLONG P L S 8422 DATE Page 1 of 1 DOC #2021-0043807 Page 8 of 10 EXHIBIT "B" SHEET 1 OF 1 PARCEL 2 PARCEL MAP NO 9560 P.M.B. 103/72 PARCEL 3 LEGEND: THIRD STREET ORIENTAL AVENUE — INDICATES EASEMENT AREA RICHARD S FURLONG, P L ORANGE STREET SCALE 1" = 100' CASC Engmeermg and Consulting DOC #2021-0043807 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices Q \1188 0156 Santa Fe Depot\WATER QUALITY\Mamtenance Agreement\1188 0156 Stormwater Treatment Maintenance Agreement docx Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 Bioretention Area 34 05872 -117 18389 Property One, LLC Weekly 2 Pervious Concrete Pavement 34 05885 -117 18383 Property One, LLC Prior to rainy season, 48 hours after rain events, Vacuum sweep twice/year minimum 3 Pervious Concrete Pavement 34 05885 -117 18366 Property One, LLC Pnor to rainy season, 48 hours after rain events, Vacuum sweep twice/year minimum 4 Pervious Concrete Pavement 34 05873 -117 18367 Property One, LLC Pnor to rainy season, 48 hours after rain events, Vacuum sweep twice/year minimum 5 Bioretention Area 34 05892 -117 18388 Property One, LLC Weekly 6 Bioretention Area 34 05880 -117 18396 Property One, LLC Weekly Q \1188 0156 Santa Fe Depot\WATER QUALITY\Mamtenance Agreement\1188 0156 Stormwater Treatment Maintenance Agreement docx DOC #2021-0043807 Page 10 of 10 EXHIBIT D - BMP LOCATION MAP GRAPHIC SCALE 60 0 30 60 120 1" = 60'