Loading...
HomeMy WebLinkAboutContracts & Agreements_31-2015_CCv0001.pdf Recorded in official Records, County of San Bernardino 211312015 BOB DUTTON NC24 AM ASSESSOR - RECORDER - CLERK SAN 6AN�P.RNARd RECORDING REQUESTED BY C Priority Mail AND WHEN RECORDED MAIL TO: Doc#: 2015-0058568 Titles: 1 Pages: 9 Fees 0.00 CITY CLERK 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 Number(s) 0176-05-02, 0176-05-03, 0176-05-07, 0176-05-031 THIS AGREEMENT is made and entered into this Z-n6i day of FC-t3rahgy , 201, by and between Matt's Express Carwash, 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 Matt's Express Carwash, LLC, 1180 Tennessee Street, and filed as CRA 883 Variance 772 Parcel 1 of Parcel Map 15492 (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 TC-10 Infiltration Trenches (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 of 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 Matt's Express Carwash, 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 tunes 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. 0169-011-32, 1 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 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 Matt's Express Carwash, LLC City of Redlands 546 E Mariposa Drive P.O. Box 3005 Redlands, CA 92373 Redlands, CA 92373 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 Foster, Mayor Matt's Express Carwash, LLC By: Matt Canada Attest: i Sam Irwin, ity. erk City of Redlands Agreement Version NOVEMBER 2013 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) 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. 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 February 2, 2015, before me, Jeanne Donaldson, Deputy City Clerk, on behalf of Sam Irwiii, 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. i OF R �< 9///��ii WITNESS my hand and official seal. v :;�GpPPORq��O.•u, _ SAM IRWIN, CITY CLERK * 1888 By: i�FORN�P������\ Je ule Donaldson, Deputy City Clerk fmitiin\"\ \� (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: February 2, 2015 Signer(s) Other Than Named Above: Matt Canada, Owner, Matt's Express Carwash, LLC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§118g 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 truthfukress,accuracy,or validity of that document. f � State of California County 06121 •k l On 2 ^ DZ �� bef are me, - Nd 7 Date // Here In N -riff of Ofilc��Q � personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be erson(s) whose name( is/ re scribed to the within instrument and ackno ged to tits tha h hefthey executed the s e in hi eritheir authorized capacrty(es),and that b h" erltheir signator s)on the instrument the person(s), or the entity upon behalf of which the person(s) ,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. WITNESS my hand and official seal. C. CARL. COMM.X2652511 <;J' NOTARY PUBLIC®CALIFORNIA 9 Signature SAN BER pines p COUNTY'i Signature of NoI✓ary Public Smission Expires Apr 24,2018 Place Notary Seal Above OPTfONAL 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�com m rptTittle or Type of DocumenDocument Date: 6 2 C7 Z ~- � ' Number of Pages: Sign s) Other Than Named Above. Capacity{les)Claimed by Signer(s) Signer's Name: ; Signees•Name. D Corporate Officer--Title(s): 0 Corpomte Officer--Tdie(s): d Partner— ©Limited 0 General 0 Partner— 0 Limned ©General ©Individual O Attorney in Fact G Individual ©Attorney in Fact ©Trustee ©Guardian or Conservator ©Trustee 0 Guardian or Conservator 0 Other: Q Other Signer is Representing: Signer Is Representing: 02014 National Notary Association-www.NationalNotary oro-1-80D-US NOTARY 043M-876-6827) Item#8w Exhibit A Legal Description PARCEL 1 OF PARCEL MAP 15492, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN PARCEL MAP BOOK 192, PAGES 4 THROUGH 8, RECORDS OF SAID COUNTY, ��'pFESs/o �Q�O CO W z k3362 a *sJ CIVIL \� e 'T F 0; c Foe DATED: 01-14-2015 Exhibit B Map t I � N I LUGONIA AVENUE SCALE: 1'= 100' N89.33'15'w —�� 206.70' - o -61 I cq I r 135.41 0 O' 44' N LINE DATA TABLE !� LINE I BEARING DISTANCE o N Li I N89°40'49"W 30.04' O' PARCEL I w CURVE DATA TABLE PARCEL MAP 15492 In CURVE DELTA RADIUS TANGENT LENGTH P.M.B. 192/4-8 �� Lu I Cl 90.44'56" 1 30.00' 1 30.39 47.52' lllf )�WVJ I7 ro z z d � `o ti N 4 h p� Ll v~ QQpEESS/o W y�9 z 3362 a qT` OF �F3 DATED: 01-14-2016 Exhibit C Stormwater Pollution Control Devices Tract 16742 Stormwater PollutionControl BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By 1 TC-10 Infiltration Trench 1 34.0700270 -117.199805° Owner Yearly 2 TC-10 Infiltration Trench 2 34.0700270 -117.1997050 Owner Yearly 3 TC-10 Infiltration Trench 3 34.0700080 -117.1995940 Owner Yearly 4 TC-10 Infiltration Trench 4 34.0700230 -117.199479° Owner Yearly DATED: 01-14-2015 QPpFESS/o W y,Q9 n z 3362 a est CiYll. \�* DATED: 01-14-2015 Exhibit D BMP Location Map LUGONIA AVENUE I i I I j I 1 3 i I I I_. JJI I i I !1 I 1 I fir+: r co W' 41� �i `I FES /0 / C z ,! 3362 r i Irl ClVI� r� 9l aP / f 01 i DATED: 01-14-2016 NOT TO SCALE