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HomeMy WebLinkAboutContracts & Agreements_53-2021Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor -Recorder -County Clerk RECORDING REQUESTED BY DOC# 2021-0158736 AND WHEN RECORDED MAIL TO: 04/07/2021 Titles:1 Pages:10 CITY CLERK 01:37 PM CITY OF REDLANDS sAly Fees Taxes $0.00 $0.00 P.O. BOX 3005 C9229 CA SB2 Fee $0.00 REDLANDS. CA 92373 Total $0.00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-121-10 & 06 THIS AGREEMENT is made and entered into this } day of (� L , 202-t, by and between Redlands Armory, LLC, a 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." RFMAT S 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 Statistical Research, 617 Texas Street and filed as Building Permit No. M21-0004 (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 infiltration trench and catch basin insert, which require inspection semi-annually and after rain events, (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 DOC #2021-0158736 Page 2 of 10 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 Prgject and the mutual promises contained herein, the City of Redlands and Redlands Arniory, LLC, a limited liability company. agree as follows: AGREEMENT 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. 0169-121-10 & 06, and shall be recorded in the Official Records of the County of San Bernardino at the expense of the Owner and shal I 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. DOC #2021-0158736 Page 3 of 10 W 10] 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. 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. Time is of the essence in the performance of this Agreement. 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 City Engineer Donn R. Grenda, Trustee Redlands Armory, LLC, a limited liability City of Redlands company P.O. Box 3005 P.O. Box 390 Redlands, CA 92373 Redlands, CA 92373 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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. DOC #2021-0158736 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: OWN Charles M. Duggan Jr., ity ager Don R. Gre da, Trustee Redlands Armory, LLC, a limited liability company P.O. Box 390 Attest: Redlands, CA 92373 Jean Donaldson, City Clerk DOC #2021-0158736 Page 5 of 10 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 1 County of S6.r 1�er Y-\QX'a t n O J} On �r t lCQ 121,02 1 before me, 11 Q.�1a 1 gal nS t �l� y �w101 1 C, Date Here Insert Name and Title of the Officer_' l personally appeared Cam► ��� 1 r �Qrl,J r J Q-�-�i �ojdS a✓i Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person sQwhose nam(o Nare subscribed to the within instrumpQt and acknowledged to me that NsLs;IW/they executed the same in N&LhltWtheir authorized capacity es , and that by f1is/[Tw/their signature(@)on the instrument the persono or the entity upon behalf of which the person8acted, executed the instrument. I certify under PENALTY OF PERJURY under the J DIANA RAINS laws of the State of California that the foregoing c COMM. 02342435 paragraph is true and correct. = Notary Public • CAW" San twnardinc County • Cavan. bn. H =1 WITNESS my hand and official seal. Signature Lto—tu �_aAAAX Place Notary Seal and/or Stamp Above 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: 4oy- 'MW a. tvp a'-'tY C4 L51 11 12KSf Document Date: 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 of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: DOC #2021-0158736 Page 6 of 10 CALIFORNIA ALL-PURPOSE ACKNOWL500MEMT CIVIL CODE § 1189 .a .va _Am!""' a .A .a w .A .A .a .a .a .a .a _A .a _A .A . -a .A .a _A _A .. .w .a .AY.wC�� _a•.at� .a .a .ate .a .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 riot the truthfulness, accuracy, or validity of that document. State of Caliif ,r�niia County of w �? N \ On (WA r4N 31, before me, Date personally appeared - C &L4 �He✓✓re``Insert Name and Title df the Officer �Ip Name(s) of Signer(s) 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 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. LANCE SMITHFIELD Notary Public - California z San Bernardino County Commission M 2323836 - My Comm. Expires Mar 10. 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha nd fficial seal. Signature Signature o ry Public Place Notary Seal Above 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: Number of Pages: Document Date: 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 n Other: Signer Is Representing: L ��: '�' '^�G�4u0'u0`✓. 'y '� ' O:�.ti'e'.G�. 'b4� '�'.1'e.�A'�. '� '�'�� '�.'ar�aO:d 'a' '�'A�:0.Y '�' '�'tiff=✓4�C�AyG�.ti.A✓.�...U:�y..=�.'y . 02014•nal Notary Association - www.Nati• • • • :11 • A' :11 • •S 91 DOC #2021-0158736 Page 7 of 10 Exhibit A Legal Description (APN: 0169-121-06 and 0169-121-10) DOC #2020-0334951 THAT PORTION OF BLOCK 28, OF BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19 THEREOF, RECORDS OF SAID COUNTY, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF TEXAS STREET, 80 FEET WIDE, DISTANCE THEREON SOUTH 1000'07" EAST 460 FEET FROM THE SOUTH LINE OF COLTON AVENUE, 80 FEET WIDE, AS SAID TEXAS STREET AND COLTON AVENUE ARE SHOWN ON SAID MAP; THENCE SOUTH 8805951" WEST 303.95 FEET TO A NON -TANGENT CURVE HAVING A RADIUS OF 3,500 FEET AND BEING CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE FROM A TANGENT BEARING NORTH 70059'54" WEST, THROUGH AN ANGLE OF 5°17'28", AN ARC DISTANCE OF 323.22 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF SAID LOT OR BLOCK 28; THENCE ALONG SAID WEST LINE, SOUTH 0001'45" EAST 220.27 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST'/4. THENCE NORTH 89038'25" EAST 619.85 FEET TO SAID WEST LINE OF TEXAS STREET, THENCE ALONG SAID WEST LINE, NORTH 1 °00'07" WEST 159.66 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA AS DESCRIBED IN A GRANT DEED RECORD JULY 07, 1988 AS INSTRUMENT NO. 88-213391 OF OFFICIAL RECORDS. DOC #2021-0158736 Page 8 of 10 Exhibit B Map SCALE: 1 "=100' EXCEPTING THAT PORTION OGr �P\vG CONVEYED TO THE STATE OF INSCALTRUMENT TPER NO. 8R 2n13391ED' R=3, 50o INTERSTATE— p N ' �-323•22' o - - - - �� _ S88'59'51"W _ _ 303_95' _ N I` i I ILLi in I : I co i Lv APN 0169-121-06 I O� rn I� Es I o I APN 0169-121-10 0l'r �� oz I L0 I 0z IX Ld N89'38'25"E 619.85' I ~ I DOC #2021-0158736 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices Stormwater PollutionControl BMP BMP or Pollution Control Maintenance # Device Latitude Longitude Provided By Frequency TC-10. INFILTRATION 34.06109 -1 17.19302 OWNER EVERY 6 TRENCH MONTHS AND 1 AFTER RAIN EVENTS CATCH BASIN INSERT 34.06120 -117.19272 OWNER QUARTERLY 2 AND AFTER RAIN EVENTS DOC #2021-0158736 Page 10 of 10 Exhibit D BMP Map SCALE: 1 "=100' LLJ i Ld Ily- F— V) �U) IX �Lv