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HomeMy WebLinkAboutContracts & Agreements_132-2014_CCv0001.pdf Recorded In Official Records,County of San Bernardino 6125/2014 DENNIS DRAEGER 3:16 PM N�av Df ASSESSOR — RECORDER — CLERK CG RECORDING REQUESTED BY C Priority Mail AND WHEN RECORDED MAIL TO: Y CITY CLERK Dock 2014--0228647 Titles: 1 Pages: s CITY OF REDLANDS Fees 0.00 P.O. BOX 3005 Other 8.00 REDLANDS, CA 92373 PAID X0.00 SPACE ABOVE•rhos 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) 0292-341-15 THIS AGREEMENT is made and entered into this day of JLYA-e.._ , 20l�bv and betvvecri LUGUNIA OFFICES, 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 Lugonia County Building, 1811 West Lugonia Avenue, Redlands, CA 92374 and filed as CRA 876 (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 bioretention swales and storm drain inlet protection (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 City d Redlands Agreement Version NOVEMBER 2013 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 AKS Investment, Inc. 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. 0292-341-15, 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 amount 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 City of Redlands Agreement Version NOVEMBER 2013 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 owners 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 [lie 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 Bahram Shahbandi City of Redlands LUGUNIA OFFICES, LLC P.O. Box 3005 13681 Newport Ave., St. 12 Redlands, CA 92373 Tustin, CA 92780 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. 1N WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF RED ANDS: OWNER: LUGUNIA OFFICES, LLC_ Pete Aguila , Mayor ahram Shahbandi, President Attest: Sam lrwi , Ci Clerk City of Redlands Agreement Version NOVEMBER 2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .f'`L�iS'of��.Fr:�A-',2f�`.h��+�'.��'^��E:�iFY�� aa .•� a a � A�.�v4�i� �S'`6.F`l�'.v£�. i State of California 4 County of 5c, 4 On-.Tot (0-i -2-oILt before me, L dnP.rhll,, ti fC: -, PQ IO)i cS , F Date Here Insert Name and Title of the Officer F personally appeared Name(s)of Signer(s) F F e F who proved to me on the basis of satisfactory evidence to be the persons) whose name(,g) fs e subscribed to the within instrument and acknowledged to me that e/ h `5y executed the same in his/ it authorized capacity(ies), and that by t hedmeir signature(s)- on the instrument the person(s), or the entity upon behalf of which the person(s)-acted, executed the instrument. F L. CHERMS COMM. #2029076 Notary Public California I certify under PENALTY OF PERJURY under the SAN 6ERNARDlNO N laws of the State of California that the foregoing ) F my Commission Expires June 15,2017 paragraph is true and correct. WITNESS my hand and official seal. 4 4 k Signatur . � F Place Notary Seal Above Signature of Notary Public F OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document F and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:,` 0<r (�G lUeaFf r,2n� �� c, a Cc9,5)rot w,�usure I}ccess Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) F Signer's Name: Signer's Name: F El Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual = © Individual10 i ❑ Partner—❑Limited ©General Top of thumb here O Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact O Attorney in Fact O Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator f(< Il Other: ❑Other: Signer Is Representing: Signer Is Representing: F F 0 2009 National Notary Association•NationalNotary.org•1.800-US NOTARY(5-800.876.6827) Item#5907 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 Government Code, on June 19, 2014, before me, Jeanne Donaldson, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. 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\11111111f/f/1Z WITNESS my hand and official seal. f RED •+ '•• d r'. ARTHUR S. IRWIN CITY CLERK pppOR4 rFo; to 1888 VM � 1 rF©� �, By: „mac 111111111tiw�� J e 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: Storrnwater Treatment Device and Control Measure Access and Maintenance Agreement Date of Document: June 19, 2014 Signer(s) Other Than Named Above: Bahram Shahbandi, President Exhibit A Legal Description LOT 1 OF TRACT NO. 13151, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 194 PAGE 86 AND 87 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF IDAHO STREET AND THE ADJACENT SIDEWALI{APPURTENANT TO SAID LOT AS ABANDONED BY RESOLUTION NO. 6252, RECORDED APRIL 8, 2004 AS INSTRUMENT NO. 2004- 0244039, OFFICIAL RECORDS. EXHIBIT "B" PLAT MAP CORPORATE BOUNDARY LUGONIA AVENUE a a BOUNDARY (TYP) � 1 IA I L=26.70, R=17.00 p cq nr89`58'36' a C2 i o I z LOT 8 LOT 1 , "AC TED TR 13151 ' TR 13151 IDA ST. IW2. ' N89.34'34'E (/) j BOUNDARY (TYP) 180.13 I S cy(( ❑ I 1�1�FI• v� p 8 BOUNDARY (TYP) }111 ui R/W z L/W / 32' 32' LOT 2 A R/W 64' TR 13151 /� a + L=47.53, R=70.00 O; / �,�' ----_ ' I X38'54'06' r ��� R W LEGEND: AMA INFRASTRUCTURE CE CENTER LINE ENGINEERS 1815 E.Heim Ave.,Ste.200 TYP TYPICAL orange,CA 92865 R/W RIGHT—OF—WAY SCALE; 1"=100 Tel;(714)940-0100 Fax:(714)940-0700 www.infeng.c0 Exhibit C Stormwater Pollution Control Devices Storinwater PollutionControl BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device ` Provided By 1 TC-32,Bioretention 34.07017 -117.21658 Owner Monthly 2 TC-32, Bioretention 34.06998 -117.21733 Owner Monthly 3 5E-10, Storm Drain Inlet 34.06986 -117.21736 Owner Annually Protection 4 5E-10, Storm Drain Inlet 34.06977 -117.21731 Owner Annually Protection 5 6 7 8 9 10 I"—M LUGONIA AVENUE If CORPORATE Hokomm" C CORPORATE BOUNDARY -------------------- --—---------- --------- --- ----�7-------- --- ----------- ..... Wv4 R RAW, en ot z rr -'-2j 27 ami ilmd < T T aY PLAN . O '��, LEGEND: TC-32, BIORETENTION TC-32, BIORETENTION SE-10, STORM DRAIN INLET PROTECTION CITY OF REDLANDS 5E-10, STORM DRAIN INLET PROTECTION ENGINEERS PERMANENT EMP PLA-4 1825 W.LUGONIA AVENUE 9 A.P N om-mm5 SOUITIFAST CCANEROF NEVADAST,A LUGORKAVE, iNFDRCTUCTU ft E14CAFEERS s NOT RESPONSBLE FOR T11E ClNl ENT ANDACUf�yOFNCGRAPHICS mTHimT�E_ELECTRONIC FRES- ARVONEU��GINE1FILES j �ssumts com