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HomeMy WebLinkAboutContracts & Agreements_12-2015_CCv0001.pdf Recorded in 01ficial Records, County of San Bernardino 1/07/2015 BOB DUTTON 2.32 PM �oovn ASSESSOR — RECORDER — CLERK SG �,K w:aa SAN C Priority Mail RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Doc#: 2015—0006547 Titles: 1 Pages: 9 Fees 0.06 CITY CLERK Taxes 9.69 CITY OF REDLANDS otter 9.69 P.O. BOX 3005 PAID $6.60 REDLANDS,CA 92373 SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0167•-511-29 THIS AGREEMENT is made and entered into thisday of 1'4yn IL_n 20/t1by and between Redlands Business Center, LLC, a Delaware 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 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 Redlands Logistics Center Iocated east of Research Drive between Lugonia Avenue and Almond Avenue and filed as CUP 41008 (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 catch basin filters 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 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 Redlands Logistics Center, LLC 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.0167-511-29 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. S. 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 Parry. 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 OWNER City Engineer John Dobrott, Senior Vice President Redlands Business Center, LLC, City of Redlands a Delaware limited liability company P.O. Box 3005 2040 Main Street, Suite#175 Redlands, CA 92373 Irvine, CA 92614 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. IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: OWNER: Paul W. Foster, Mayor Joobrott, Senior�rice President Redlands Business Center, LLC A Delaware limited liability company Attest: Sani Ir&1e_rk ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) 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 Govenunent Code, on December 11, 2014, before me, Jeanne Donaldson, Deputy City Clerk, on behalf of Sam Irwin, City Clerk of the City of Redlands, California, personally appeared Paul W. Foster, Mayor, and Sam Irwin, City Clerk of the City of Redlands, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. \0%w;! - ���''� WITNESS my hand and official seal. '`••ORPORATF'' N = SAM IRWIN, CITY CLERK UG p•; * 1888 Jeanie Donaldson, Deputy 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 { } Attorney-In-Fact Principal(s) { } Trustee(s) Trust { x } Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation ------------------------------------------------------------------------ THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Stonnwater Treatment Device and Control Measure Access and Maintenance Agreement Date of Document: December 11, 2014 Signer(s) Other Than Named Above: Jolun Dobrott, Senior Vice President, Redlands Business Center, LLC 9 1 OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment State of California County of oep�hn, L: On i 2-0-L al LA before me, ���„��,..,Low s Ceuss;c:: 3 �is�rAR�l P��u'r_ personally appeared �O ii N At-'~r-1 OU v &R o T who proved to me on the basis of satisfactory evidence to be the person whose name are _ su scribed to the within instrument and acknowledged to me that 4phek-hey executed the same in tis er/their'authorized capacity(ip4, and that by&i he4fteir signature" on the instrument the personK,or the entity upon behalf of which the persons)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State f California hat the forgoing paragraph is true and correct WITNESS my hand and official seal. MYRO a to 4 wr"VD T61N / d,4, commission*2057814 t3LIC SI,�`NATiJRE C =.► Notary Public-California !�// Orange County Comm.E 'rta Mar 1s 2018 ADDITIONAL INFORMATION DOCUMENT INFORMATION Document Date Document Title c-T-..4-r,i .nm ruin"%,1 f 1>r VO4,Ate,' GD,rr DL t'IcA�.:e�: Number of Pages "CtA o-c—M px-us it-cs 'k-e V_Ochv44 -t TYPE OF IDENTIFICATION [ ] personal Knowledge of the Notary Public [ Satisfactory Evidence–identification card [ ] One Credible Witness acknowledging identity of principal [ ] Two Credible Witnesses acknowledging identity of principal EM13OSSMENT Copyright 0 1994, All Rights Reserved,California School of Notary Public,Inc. HUITT-ZOLLARS,INC. 2603 Main Street Suite 400 Irvine,CA 92614-4250 949.988.5815 phone r 949.988.5820 fax huitt-zollars.com RI 10337.10 (D) 12-11-14 EXHIBIT A LEGAL DESCRIPTION Parcel 1 of Parcel Map No. 19437, in the City of Redlands, County of San Bernardino. State of California, as shown on the map filed in Book 242, Pages 61 and 62 of Parcel Maps, 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 hereon. NPS LANG S\ Ica L < CO NO. 6343 O °- EXP. 1 2/31/201 6 � JAMES L. GARVIN, PLS 6343 qTF OF CAl1f r/R110337.10/v'I/I xiiibitA-I/Zkdil- ALMOND I A VENUE ► - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - I � O W � a Q I �p ao Ra 44' q 0� V PARCEL 1 IK PARCEL MAP NO. 19437 �d L P.M.B. 242/61-62 Q No 0 Q a a LUGON/A AVENUE ,�- BRYN MA WR A VENUE ox%NL L AND �\��S L. 0q � ,p`GSL N0. 6343 CL EXP. 12/31/2016 ro sr�TP OF CAA01���\� HUITT —ZOLLAtRS SKETCH TO ACCOMPANY � 1"=300' A LEGAL DESCRIPTION DRAW BY PMP Hutt-ZoNars, Inc. Irvine 26Main Street, Soho 400, Irvine, CA 92614 EXHIBIT B ,E BY 03 AG (949) 988-� Fax (949) 988-5820 °A IE 12/11/2014 BY PLAT MAP No. 12-1 -20�� R110337.08 R. \11033708\MAP033708\DWG\033708JEX02.DWG Exhibit C Stormwater Pollution Control Devices Stormwater PollutionControl BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 Infiltration Basin#1 34.07369 117.23417 Owner Monthly 2 Infiltration Basin#2 34.07059 117.23586 Owner Monthly 3 Infiltration Basin#3 34.07369 117.23387 Owner Monthly 4 Infiltration Basin#4 34.07369 117.23227 Owner Monthly 5 Infiltration Basin#5 34.07059 117.23314 Owner Monthly 6 Infiltration Basin#6 34.07137 117.23135 Owner Monthly 7 Catch Basin A-1 34.07194 117.23146 Owner Quarterly 8 Catch Basin A-2 34.07231 117.23166 Owner Quarterly 9 Catch Basin A-3 34.07297 117.23166 Owner Quarterly 10 Catch Basin A-4 34.07376 117.23299 Owner Quarterly 11 Catch Basin B-I 34.07076 117.23620 Owner Quarterly 12 Catch Basin B-2 34.07372 117.23583 Owner Quarterly 13 Catch Basin C-1 34.07328 117.23659 Owner Quarterly 14 Catch Basin C-2 34.07361 117.23667 Owner Quarterly 15 Catch Basin C-3 34.07361 117.23659 Owner Quarterly 16 Catch Basin C-4 34.07363 117.23651 Owner Quarterly 17 Underground Chambers 34.073611 117.23639 Owner Quarterly T f6ND—A AT-UE —————— — — T 17 — !`. 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