HomeMy WebLinkAboutContracts & Agreements_29-2014_CCv0001.pdf Recorded in Official Records. County of San Bernardino 3/04/2014
RECORDING REQUESTED BY 1:18 PM
AND WHEN RECORDED MAIL DOCUMENT TO: DENNIS DRAEGER FV
"°+ :� ASSESSOR - RECORDER - CLERK
NAME City of Redlands R Regular Dail
Attn: City Clerk
STREET P.O. Box 3005DOC#: 2��4—QQ$�475 Titles: 1 Pages: 14
ADDRESS
1 Jill 11111 1111 Fees 0.00
ZIP DSDTATE& Redlands, CA 92373 Taxes
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SPACE ABOVE FOR RECORDER'S USE ONLY
Agreement
Title of Document
i
TH .IS ..AR,,EA FOR
1 ;
RE- 'C0.:RDER
USE .O�� t
1.
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS,CA 92373
SPACE.ABOVE'1111S LINE FOR RECORDER'S USE
D
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0292-044-09,10,11,12
THIS AGREEMENT is made and entered into this day of 20AA
V
by and between Prologis, L.P. (-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 Distribution Center located at the northwest corner of Palmetto Ave. and
Nevada St. and filed as Commission Review — CRA873 (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 basin (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
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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 Radiands
agreement Vemw NOVEMBER 2073
ox
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 Prologis, L.P. 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, attornevs' fees and interest thereon at the maximum rate
authorized by law, twenty (210) days after the Owner's receipt of the notice of expense
anti I paid in full.
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0292-044-
09,10,11,12, 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 entitle the City to file a lien against the Property in such amount as will fully
reimburse the City, including interest as herein above set forth for all expenses incurred
by the City hereunder., subject to foreclosure in event of default in payment.
i. 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
Cft�of Radfands
Agree,,enl Vwswn NOVEMBER 20113
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 Scott Mulkay
City of Redlands Proloi),,is, L.P.
P.O. Box 3005 3817 East Cedar Drive
Redlands,CA 92373 Ontario., CA 91716
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: 'NER: logis, L.P.
A
Pete Aguilar. ayor Scott MulkaN, Vice Pre/Adent,
Prologs, Inc., it's gen
r+al partner
Attest:
Sam14,
S
am Irwin. it Jerk
City of R.dlan�_
;;greemaqf V.m..nN0VEV_8ER 2043
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cmc CODE§ 1189
e
State of California
County of
On � � 1��1`�3i 200` before me,
Date Here Insert Name and Tittelof the Offker
personally appeared
Name(s)of Signer(s)
r
who proved to me on the basis of satisfactory
evidence to be the personK whose namp(.sT islare-
subscribed to the within instrument and acknowledged
to me that he/she44ey executed the same in
his/rierftl`teir authorized capacity(.i_ , and that by
his/herftH r signature* on the instrument the
person(4, 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
Commission#E 2036456 paragraph is true and correct.
Notary Public-California
Los Angeles County
MY Canny 10 2017 1 WITNESS my hand and a;al
Signature:
Place Notary Seat Above natur f jotary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons r on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Ape��
ih`'i} ►`�}au``C�y,�u r✓t6v
Document Date: NIA Number of Pages: (2-
Signer(s) Other Than Named Above: NIA
Capacity(ies) Claimed by Signer(s)
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Signer's Name: Signer's Name:
Corporate Officer — Title(s): Vi(t- }�J1) El Corporate Officer — Title(s):
Individual Individual
Partner — Limited ❑General t Partner— Limited General
El Attorney in Fact Attorney in Fact
Trustee -'Trustee
1 Guardian or Conservator Guardian or Conservator
7. Other: Other:
Signer Is Representing: Signer is Representing:
0 2012 National Notary Association •NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
Legal Description
LOTS I AND 4, GREGORY TRACT NO. 1, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 19 OF MAPS, PAGE 94,
RECORDS OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF PALMETTO AVENUE VACATED BY RESOLUTION NO. 7145
RECORDED JUNE 4. 2012 AS INSTRUMENT NO. 2012-0218943 OF OFFICIAL RECORDS DESCRIBED IN
EXHIBIT "A", BOUNDED ON T14E EAST BY THE EASTERLY LINT OF SAID LOT 4 PROJECTED
SOUTHERLY.
TOGETHER WITH LOT 7 OF GREGORY TRACT NO, 1, IN THE CITY OF DLANDS, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED IN BOOK 19, PAGE 94 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,
EXCEPTING THEREFROM THAT PORTION OF LOT 7 OF SAID GREGORY TRACT NO. I DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF SAID GREGORY TRACT NO, I AS
SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 68, PAGE 23 RECORDS OF SURVEY IN THE
OFFICE OF THE COUNTY RECORDER,COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,
THENCE, S89'27 5-1"E 320 FEET, MORE OR LESS, ALONG THE NORTH LINE OF SAID LOT 7, TO A
POINT ON A LINE THAT IS PARALLEL WITH AND 320 FEET EAST OF THE WEST LINE OF SAID LOT
7. SAID POINT BEING THE TRUE POINT OF BEGINNING,
THENCE; S00*3821"1 30.07 FEET, MORE OR LESS, PARALLEL WITH AND 320 FEET EAST OF SAID
WEST LINE OF LOT 7,TO A POINT ON A LINE THAT IS PARALLEL WITH AND 600.00 FEET NORTH OF
THE SOUTH LINE OF SAID LOT 7,
THENCE; S89'2'f7'49"E 340.66 FEET, MORE OR LESS, PARALLEL WITH AND 600.00 FEET NORTH OF
SAID SOUTH LINE OF LOT 7,TO THE EAST LINE OF SAID LOT 7,
THENCE, NOO*36'38"E 30.08 FEET, MORE OR LESS, ALONG THE EAST LINE OF SAID LOT 7, TO THE
NORTHEAST CORNER OF SAID LOT 7£
THENCE, N89*27'57"W 340.65 FEET, ALONG THE NORTH LINE OF SAID LOT 7, TO THE POINT OF
BEGINNING.
SAID PROPERTY BEING DESCRIBED AS PROPOSED PARCEL I IN A CERTIFICATE OF COMPLIANCE
FOR LOT LINE ADJUSTMENT NO. 567, RECORDED TUNE 4, 2012 AS INSTRUMENT NO. 2012-0218944
OF OFFICIAL RECORDS OF SAID SAN BERNARDINO COUNTY,
TOGETHER WITH THAT PORTION OF PALMETTO AVENUE VACATED BY RESOLUTION NO. 7145
RECORDED JUNE 4, 2012 AS INSTRUMENT NO 2012-0218943 OF OFFICIAL RECORDS DESCRIBED IN
EXHIBIT "A". BOUNDED BY THE WESTERLY AND EASTERLY LINES OF SAID LOT 7 PROJECTED
SOUTHERLY.
TOGETHER WITH LOT 10 OF GREGORY TRACT NO. 1, IN TIME CITY OF REDLANDS, COUNTY OF
SAI BERNARDINO, STATE OF CALIFORNIA, RECORDED IN BOOK 19, PACE 94 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER,COUNTY OF SANS BERNARDINO,STATE OF CALIFORNIA.
EXCEPTING THAT PORTION OF LOT 10 OF SAID GREGORY TRACT NO. I DESCRIBED AS FOLLOWS:
COMMENCING G AT THE NORTHEAST CORNER OF LOT 10 OF SAID GREGORY TRACT NO. I AS
SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 68, PAGE 23 RECORDS OF SURVEY IN THE
OFFICE OF T14E COUNTY RECORDER,COUNTY OF SAN BERNARDINO,S'T'ATE OF CALIFORNIA,
THENCE; Ngr2757"W 300 FEET, MORE OR LESS, ALONG THE NORTH LINE OF SAID LOT 10, TO A
POINT ON A LIME THAT IS PARALLEL WITH AND 300 FEET WEST OF THE EAST LINE OF SAID LCT
10,SAID POINT BEING THE TRUE POINT OF BEGINNING,
THENCE, SIO-34"55- Y 30.1€I FEET, MORE OR LESS, PARALLEL WITH AND 300 FEET WEST OF SAID
EAST LINE OF LOT 10,TO A POINT ON A LINE THAT IS PARALLEL, WITH AND 600.00 FEET NORTH
OF THE SOUTH LINE OF SAID LOT 10,
THENCE; NS 27 "W 330,67 FEET, MORE OR LESS, PARALLEL °TrH AND 600.00 FEET NORTH OF
SAID SOUTH LINE OF LOT 10,TO THE WEST LIME OF SAID LOT 10,
THENCE; N '3638"E 30.08 FEET, MORE OR LESS, ALONG THE LEST LINE OF SAID LOT 10,TO THE
NORTHWEST CORNER OF SAID LOT 10,
THENCE; S8927'57"E 330. 5 FEET, ALONG THE NORTH LIME OF SAID LOT 10, TO THE POINT OF
BEGINNING.
.
SAID PROPERTY BEING DESCRIBED AS PROPOSED PARCEL 3 IN A CERTIFICATE OF COMPLIANCE
FOR. LOT LINE ADJUSTMENT NO. 567, RECORDED JUNE 4, 2012 AS INSTRUMENT NO. 2012-0281944
OF OFFICIAL RECORDS OF SAID SANS BERNARDINO COUNTY.
TOGETHER WITH THAT PORTION OF PALMETTO A ENUE VACATED BY RESOLUTION UTION NO. 7145
RECORDED JUNE 4, 2{112 AS INSTRUMENT NO, 2017-0218943 OF OFFICIAL RECORD DESCRIBED IN
EXHIBIT "A% BOUNDED ON THE WEST BY THE WESTERLY LINE OF SAID LOT 10 PROJECTED
SOUTHERLY.
SEE PLAT ATTACHED HERETO AS EXHIBIT"B"AND MADE A PART HEREOF.
PREPARED UNDER MY SUPERVISION
Andrew Y.Oro, 5491ate
LLS 5491
Pre-pared b ,
Checked by:
Exhibit B
Map
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Exhibit C
Stormwater Pollution Control Devices
Stormwater PollutionControl
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device Provided By
1 Infiltration Basin 34.08575°N 117.22171°W Developer Monthly
2
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