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Home My WebLink AboutContracts & Agreements_73-2015_CCv0001.pdf Recorded in Official Records,County of San Bernardino 4117/2015 BOB BUTTON 9:50m NC s K`OUN ASSESSOR - RECORDER - CLERK SAN RECORDING REQUESTED BY C Priority Mail AND WHEN RECORDED MAIL TO: l3oc#: 2015—0152386 Titles: 1 Pages: 10 CITY CLERK Fees 0.00 Taxes 0.00 CITY OF REDLANDS Other 0.00 P.O. BOX 3005 PAID $0.00 REDLANDS, CA 92373 FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER's USE PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Numbers) 0292-033-07, -08, -09, -10, -14, and-15 THIS AGREEMENT is made and entered into this JEL day of—AM L.. , 20L9, by and between Redlands 52 Development, LLC ("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 Planned Development No. 3 / Buildings 1 and 2 - Lugonia Avenue and Bryn Mawr Avenue, Redlands, CA and filed as M15-0266 (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 five infiltration basins and two sets of underground infiltration chambers (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 52 Development, 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 detennined 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. 0292-033-07, -08, -09,-10, -14, and -15, 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 arnount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. 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 fiiture 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 M. Magness City of Redlands Redlands 52 Development, LLC P.O. Box 3005 901 Via Piemonte, Suite 175 Redlands, CA 92373 Ontario, CA 91764 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: Redlands5 elo m L C 7 Paul Foster, Mayor , By: C Attest: John Maness Al Sr. Vi��Qdent Sam IrwiV, City Clerk 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 } County of S� ►� ��- r �� n �� } On "i 3 ! .5 before me, ��v �, �U < �+ ��2 r (here insert name and title of th6 officer) personally appeared �y �(�(� , �\ �x n e S5 who proved to me on the basis of satisfactory evidence to be the person(s-) whose name* islar-e- subscribed to the within instrument and acknowledged to me that he/sloe/they executed the same in his/berl#keir authorized capacityki.es), and that by his/leer/#ieir signatureK on the instrument the person(*, 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. E CowWITNESS my hand and official seal. Call"�rnla San lenwdleo CouMy My Comm.Ex raa Mar 22,2017 Signature �- (Seal) ALL CAPACITY 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 COUNTY OF San Bernardino On �} �- ( S before me, Jeanne Donaldson, Deputy City Clerk (Date) (Name and title of the officer) personally appeared Paul W. Foster and Sam Irwin (Name ot person signing 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/ILX executed-7he same in hisMer/fFe-ir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the personU, or the entity upon behalf of which the person(s)acted, executecT-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 seal. �I wIllrl/l�� \ F R E ,'�PORq N U GO TFC:• — Signature of officer * 1 888 1, •!F O'�"� \\\,N ��lll111 I I{llll�� Rev.01/01/2015 EXHIBIT "A " SHEET 1 OF 2 (LEGAL DESCRIPTION) THE LAND REFERRED TO HEREON /S SITUATED /N THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO AND /S DESCRIBED AS FOLLOWS.• PARCEL ONE' (ASSESSORS PARCEL NUMBER: 0292-033-07 AND 0292-033-08) LOTS 2 AND 3, BLOCK 4, LA DREW SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12 OF MAPS, PAGE 44, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES BY DEED RECORDED JANUARY 6, 1961 IN BOOK 5320, PAGE 273, OF OFFICIAL RECORDS. PARCEL TWO: (ASSESSORS PARCEL NUMBER• 0292-033-09 AND 0292-033-015) LOTS 1 AND 4, BLOCK 4, LA DREW SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12 OF MAPS, PAGE 44, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES BY DEED RECORDED JANUARY 6, 1961 /N BOOK 5320, PAGE 273, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE EAST 7 FEET: PARCEL THREE' (ASSESSORS PARCEL NUMBER.• 0292-033-10 AND 0292-033-14) LOTS 2 AND 3, BLOCK 3, THE WEST 14.50 FEET OF LOTS 1 AND 4, BLOCK 3, AND THE EAST 7.00 FEET OF LOTS 1 AND 4, BLOCK 4, LA DREW SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARD/N0, STATE OF CALIFORNIA, AS PER PLAT RECORDED /N BOOK 12 OF MAPS, PAGE 44, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES BY DEED RECORDED JANUARY 6, 1961 IN BOOK 5320, PAGE 273, OF OFFICIAL RECORDSS, PARCEL FOUR.- (ASSESSORS PARCEL NUMBER: 0292-033-12) ALL OF THAT PORTION OF LOT 4, BLOCK 3, LA DREW SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12 OF MAPS, PAGE(S) 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS.• COMMENCING AT A POINT /N THE CENTER LINE OF AN 82.5 FOOT ROAD KNOWN AS CALIFORNIA STREET (FORMERLY PENNSYLVANIA AVENUE), SOUTH 0' 04' 30" WEST, 76.00 FEET FROM THE CENTER LINE INTERSECTION OF SAID CALIFORNIA STREET AND LUGON/A AVENUE; THENCE SOUTH 89' 55' 30" WEST, 41.25 FEET TO THE TRUE POINT OF BEGINNING ON THE EAST LINE OF SAID LOT 4; THENCE FROM THE TRUE POINT OF BEGINNING, NORTH 89" 55' 30" WEST, 60.00 FEET- THENCE SOUTH 0' 04' 30" WEST, 40.00 FEET; THENCE SOUTH 89' 55' 30" EAST, 60.00 FEET TO A POINT /N THE SAID EAST LINE OF LOT 4; THENCE NORTH 0' 04' 30" EAST, 40.00 FEET ALONG SAID EAST LINE OF LOT 4 TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THE WELL AND PUMPING PLANT AND APPURTENANCES SITUATE UPON SAID REAL PROPERTY, AND TOGETHER WITH ALL RIGHTS OF THE BANK TO PUMP OR EXTRACT WATER FROM OR BY MEANS OF SAID WELL. ALL OF THE ABOVE DESCRIBED LAND, WELL, PUMPING PLANT AND RIGHTS ARE HEREINAFTER COLLECTIVELY CALLED "YELL NO. 2" EXHIBIT Jf A Yy SHEET 2 OF 2 (LEGAL DESCRIPTION) PARCEL F1 VE: A 16-FOOT WIDE NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS A PORTION OF LOT 4, BLOCK 3, LA DREW SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12 OF MAPS, PAGES) 44, RECORDS OF SAID COUNTY, AS CONVEYED BY A GRANT OF EASEMENT RECORDED OCTOBER 22, 1996, INSTRUMENT NO. 19960390247, OFFICIAL RECORDS, FROM CALIFORNIA GATEWAY, A CALIFORNIA LIMITED PARTNERSHIP, TO CHAPMAN INVESTMENT COMPANY, A CALIFORNIA LIMITED PARTNERSHIP, THE CENTER LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER LINE INTERSECTION OF LUGONIA AVENUE AND CALIFORNIA STREET (FORMERLY PENNSYLVANIA AVENUE); THENCE ALONG SAID CENTER LINE OF CALIFORNIA STREET, SOUTH 00' 23' 41" EAST, 261.43 FEET,• THENCE SOUTH 89' 36' 19" WEST, 63.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89' 36' 19" WEST, 62.DO FEET; THENCE NORTH 00' 23' 41" WEST 145.97 FEET TO THE BEGINNING OF A NON---TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 37.50 FEET, AND WHOSE INITIAL TANGENT BEARS NORTH 34' 38' 22" EAST; THENCE NORTHEASTERLY 29.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44' 19' 44" TO THE TERMINATION OF SAID EASEMENT ON THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT RECORDED IN BOOK 2571, PAGE 482,OFFICIAL RECORDS OF SAID COUNTY. THE SIDE LINES OF SAID EASEMENT SHALL BE SHORTENED OR EXTENDED TO TERMINATE ON SAID WEST LINE. PARCEL SIX: A NON-EXCLUSIVE EASEMENT FOR IRRIGATION LINE OVER AND ACROSS THE SOUTH 20 FEET OF THE NORTH 50 FEET OF LOT 4, BLOCK 3 OF SAID LA DREW SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THE EAST 60 FEET AND THE WEST 14.5 FEET. SURVEYOR.• SAG LANA PREPARED UNDER THE TION OF. ,��,`'�� 1- T y SG�G c rn o * '0 NO. 5750 F All BRI N L. T IENES A tE q P.L.F. NO. 5750 GOOF CAL�F� REG. EXP. DEC. 31, 2015 SCALE. 1" = 250' EXHIBI T "B" SHEET 1 OF 1 LUGONIA (PLAT MAP) Y AVENUE _ - -– —�'�– - S 89'25'55" W 1919.43'- - - - N 925'18" W 37.38' ! N 49'05'27" E 3.94' <�� ! [7 CLOT �51 LOT 4 LOT LOT M °° ! N _ N BLOCK ! Lr B L 0 CK 00 Z � uj o ! N 0!25'18* W 79.86' ! un b r_C ! cn CA C4 It til c>(A ! ! Oho V cO N LO r -� m N 0'25'18" W 415.44' 1 OT J ! L O r I OT J S 31'24'18" E 17.48' ! N 0'25'18" W 78.89' N 8751'02" E 698.33' S 89'02'42" E 656.70' N 86 58'01" E 556.08' N 0'25'18" W 64.12 i S 89'02'42" E 35.01' i CHRISTOPHER COLUMBUS 10 TRANSCONTINENTAL HIGHWAY SURVEYOR.• LANo Q PREPARED UN RECTION OF �G,`��`y L• T y, �G CL m � t rmo N0. 5750 yE RIAN L. THIS S bATE q P.L.S. N0, 5750 OF c REG. EXP. DEC. 31, 2015 Exhibit C Stormwater Pollution Control Devices Storinwater PollutionControl BMP BMP or Pollution Latitude Longitude Maintenance Frequency 4 Control Device Provided By Basin Infiltration Basin 34.067155 -117.233691 Redlands 52 Before each rainy season, after any rain event A Development, LLC or once per month, whichever is more Basin Infiltration Basin 34.067226 -117.232468 Redlands 52 Before each rainy season, after any rain event B Development, LLC or once per month, whichever is more Basin Infiltration Basin 34.067244 -117.231138 Redlands 52 Before each rainy season, after any rain event C Development, LLC or once per month, whichever is more Basin Infiltration Basin 34.067839 -117.231535 Redlands 52 Before each rainy season, after any rain event D Development, LLC or once per month, whichever is more Basin Infiltration Basin 34.069901 -117234539 Redlands 52 Before each rainy season,after any rain event E Development, LLC or once per month,whichever is more STC 1 Under-round 34.06879 -117.23411 Redlands 52 Semi-annually (October 1St and February 1St) Infiltration Chamber Development, LLC STC 2 Underground 34.067821 -117.234142 Redlands 52 Semi-annually(October 1st and February 1St) Infiltration Chamber Development, LLC LUGONIA AVENUE 17111 cj l— m fl 15 th Fn F CHRISTOPHER COLUMBUS TRANSCONTINENTAL HIGHWAY