HomeMy WebLinkAboutContracts & Agreements_214-2015_CCv0001.pdf Recorded in Official Records,County of San Bernardino 11/0612015
�avK BOB DUTTON 2:47
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CG
ASSESSOR — RECORDER - CLERK SAN
C Priority Mail
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: Doc#: 2015-0482157 Titles: 1 Pages: 12
Fees 0.00
CITY CLERIC Taxes 0.00
CITY OF REDLANDS Other 0.00
P.O. BOX 3005 PAID $0.00
REDLANDS, CA 92373
FEES HOT REQU I RED 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)
0169-I41-22, 0169-151-16, 0169-151-17, 0169-151-20, 0169-151-21, 0169-151-22, 0169-151-27,
0169-151-29, 0169-151-32
THIS AGREEMENT is made and entered into this 23rd day of October, 2015, by and
between Property One, 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 Redlands Promenade Shops 5, 505 Eureka Street and filed as CUP No. 905 (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 3 Infiltration Basins and 2 Sediment 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
City of Redlands
Agreement Version NOVEMBER 2013
WHEREAS, the Devices being installed oil 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 Property One, LLC agree as follows:
AGREEMENT
I. 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 frill.
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0169-141-22,
0169-151-16, 0169-151-17, 0169-151-20, 0169-151-21, 0169-151-22, 0169-151-27, 0169-
151-29, 0169-151-32, 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.
City of Redlands
Agreement Version NOVEMBER 2013
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 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 David Atchley
City of Redlands Property One, LLC
P.O. Box 3005 P.O. Box 7538
Redlands, CA 92373 Redlands, CA 92375
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 RED
LANDS: OW
Paul W. Foster, Mayor David Atchley, Facilit' Manager
Property One, LLC
Attest:
i"
Sam Irwi it Clerk
City of Redlands
Agreement Version NOVEMBER 2013
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 I O 12-31.i--5 before me, Jeanne Donaldson, Deputy City Clerk
I ( ate) (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/F�executed-the same in hisMer/f Fir authorized
capacity(ies), and that by his/her/their signature( on the instrument the person(s�), or the entify 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.
WITNESS my hand and official seal.
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Rev.01/01/2015
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
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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 10/23/2015 before me, Veronica Burgess, Notaty Public
Date Here Insert Name and Title of the Officer
personally appeared David Atchley
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(*is/we
subscribed to the within instrument and acknowledged to me that he/si=re/grey executed the same in
his/h er/thyauthorized capacityks),and that by his/heir/thdr signature(4on 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 paragraph
is true and correct.
VERONICA BURGESS WITNESS m d and official seal.
Commission# 1994360
z Notary Public-California
z
Z Yom' San Bernardino County Signatur
My Comm.Expires Nov 15,2016 Signature of Notaryublic
Place Notary Seal Above
OPTIONAL
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 Document
Title or Type of Document: Document Date
Number of Pages: Signer(s) Other Than Named Above:
Capacity(iies) Claimed by Signer(s)
Signer's Name: igner's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner— ❑Limited ❑ Genera ❑ Partner -- ❑Limited ❑General
❑ Individual ❑Attorneyjwract ❑Individual ❑Attorney in Fact
❑Trustee ❑ ion or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: ❑ Other:
Signer Is esenting: Signer Is Representing:
z�:�z.�.�; �ez,:�xerr,ce���:�.�; �,�?=<.cz,c:r.�; .�r.�.�:�;•u�rr;��,er,�s�.��w�c��z.
02014 National Notary Association •www,NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT"A"
LEGAL DESCIUPTION
PARCEL A:
THAT PORTION OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTH ]/, OF LOT 27,BLOCK 77,
RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2,RECORDS
OF SAID COUNTY.LYING SOUTH OF THE STATE HIGHWAY,AS CONVEYED TO THE STATE
OF CALIFORNIA BE DEED RECORDED DECEMBER 11, 1961 1N BOOK 5607, PAGE 40, OF
OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY PORTION EMBRACED WITHIN THE LINES OF BLOCK"F",OF
FAIRBANKS AND WILSON'S SUBDIVISION, AS PER MAP RECORDED IN BOOK 4 OF MAPS,
PAGE 47, RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF REDLANDS
BY DEED RECORDED FEBRUARY 28, 1905,IN BOOK 358, PAGE 211 OF DEEDS RECORDS OF
SAID COUNTY.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE CITY OF REDLANDS RECORDED
AUGUST 7, 1972, IN BOOK 7993, PAGE 631, OFFICIAL RECORDS AND RECORDED JANUARY
5, 1973 IN BOOK 8094, PAGE 1073,OFFICIAL RECORDS.
ALSO EXCEPTING ANY PORTION WITHIN STUART AVENUE, 50 FEET WIDE.
ALSO EXCEPTING THEREFROM THAT PORTION CONDEMNED TO THE STATE OF
CALIFORNIA FOR HIGHWAY PURPOSES BY FINAL ORDER OF CONDEMNATION, A
CERTIFIED COPY OF WHICH RECORDED JUNE 27, 1991 AS INSTRUMENT N0. 91-242078,
OFFICIAL RECORDS.
PARCEL B:
LOTS 31,32 AND 33 OF TRACT NO. 2083, ROGERS TERRACE, IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN
BOOK 30, PAGE 26 OF MAPS, RECORDS OF SAID COUNTY.
TOGETHER WITH THE SOUTH HALF OF T14E ALLEY ADJOINING LOTS 31, 32 AND 33
VACATED BY THE CITY OF REDLANDS IN RESOLUTION NO. 594 RECORDED MAY 13, 1949
AS BOOK 2402, PAGE 332 OF OFFICIAL RECORDS.
EXCEPT THEREFROM THAT PORTION OF SAID LOT 31 AS CONVEYED BY DEED TO THE
CITY OF REDLANDS RECORDED MAY 11, 1960 IN BOOK 5133, PAGE 439 OF OFFICIAL
RECORDS.
ALSO TOGETHER WITH THAT PORTION OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTH
V�OF LOT 27, BLOCK, 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN
Lorree Cobb Page 1 1012212015
K:1Drawings\SP\SP5820D•Red landslSurvey\Exhibits\wgmp\SPS820 legal description docx
BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY,LYING SOUTH OF THE STATE
HIGHWAY,AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED
DECEMBER 11, 1961 IN BOOK 5607, PAGE 40, OF OFFICIAL RECORDS.
EXCEPT THEREFROM THOSE PORTIONS CONVEYED TO THE CITY OF REDLANDS
RECORDED AUGUST 7, 1972 IN BOOK 7993, PAGE 631, OFFICIAL RECORDS AND RECORDED
JANUARY 5, 1973 IN BOOK 8094, PAGE 1073,OF OFFICIAL RECORDS.
EXCEPT THEREFROM ANY PORTION WITHIN STUART AVENUE, 50 FEET WIDE.
EXCEPT THEREFROM THE EAST HALF OF THE ALLEY ADJOINING LOTS 34 THROUGH 42,
INCLUSIVE VACATED BY THE CITY OF REDLANDS IN RESOLUTION NO. 6628 RECORDED
MARCH 11, 2015 AS INSTRUMENT NO. 2015-0095229, OF OFFICIAL,RECORDS.
EXCEPT THEREFROM THAT PORTION CONDEMNED TO THE STATE OF CALIFORNIA FOR
HIGHWAY PURPOSES BY FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF
WHICH RECORDED JUNE 27, 1991 AS INSTRUMENT NO. 91-242078,OF OFFICIAL RECORDS.
AND EXCEPTING THEREFROM ANY PORTION OF THE LAND DESCRIBED HEREIN
EMBRACED WITHIN THE LINES OF BLOCK "F" OF FAIRBANKS AND WILSONS
SUBDIVISION,AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 47,RECORDS OF SAID
COUNTY AND THAT PORTION OF COLTON AVENUE AS CONVEYED TO THE CITY OF
REDLANDS BY DEED RECORDED FEBRUARY 28, 1905, IN BOOK 358,PAGE 211 OF DEEDS
RECORDS OF SAID COUNTY.
PARCEL C:
LOT 34 OF ROGER'S TERRACE TRACT NO. 2083,IN THE CITY OF REDLANDS, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30, PAGE 26
OF MAPS, RECORDS OF SAID COUNTY.
TOGETHER WITH THE NORTH HALF OF THE ALLEY ADJOINING LOT 34 ON THE SOUTH
VACATED BY THE CITY OF REDLANDS IN RESOLUTION NO. 594 RECORDED MAY 13, 1949
IN BOOK 2402, PAGE 332 OF OFFICIAL RECORDS.
ALSO TOGETHER WITH THE EAST HALF OF THE ALLEY ADJOINING LOT 34 ON THE WEST
VACATED BY RESOLUTION NO. 6625 RECORDED MARCH 11, 2015 AS INSTRUMENT NO.
2015- 0095229 OF OFFICIAL RECORDS.
PARCEL D:
LOTS 35,36, 37 AND THE SOUTH 40 FEET OF LOT 38, ROGER'S TERRACE TRACT NO.2083,
IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 30, PAGE 26 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
TOGETHER WITH THE SOUTH HALF OF THE ALLEY ADJOINING LOT 38 ON THE NORTH
Lorree Cobb Page 2 10/22/2015
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VACATED BY RESOLUTION NO. 6628 RECORDED MARCH 11,2015 AS INSTRUMENT NO.
2015-0095229 OF OFFICIAL,RECORDS.
ALSO TOGETHER WITH THE EAST HALF OF THE ALLEY ADJOINING LOT 35 THROUGH 38,
INCLUSIVE,ON THE WESTVACATED BY RESOLUTION NO. 6628 RECORDED MARCH 11,
2015 AS INSTRUMENT NO.2015-0095229 OF OFFICIAL RECORDS.
PARCEL E:
LOTS 39 AND 40,TRACT NO. 2083, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 30, PAGE 26 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THE NORTH HALF OF THE ALLEY ADJOINING LOT 39 ON THE SOUTH
VACATED BY RESOLUTION NO. 6628 RECORDED MARCH 11, 2015 AS INSTRUMENT NO.
2015-0095229 OF OFFICIAL RECORDS.
ALSO TOGETHER WITH THE EAST HALF OF THE ALLEY ADJOINING LOTS 39 AND 40 ON
THE WEST VACATED BY RESOLUTION NO. 6628 RECORDED MARCH 11, 2015 AS
INSTRUMENT NO.2015-0095229 OF OFFICIAL RECORDS.
PARCEL F:
LOT 41 AND THAT PORTION OF LOT 42 OF ROGERS TERRACE, TRACT 2083, AS SHOWN ON
MAP RECORDED IN BOOK 30 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 42; THENCE NORTH 35°14'48"
WEST 33.20 FEET;THENCE NORTH 84°56'45" WEST 111.49 FEET TO A POINT IN THE
WESTERLY LINE OF SAID LOT, DISTANT ALONG SAID WESTERLY LINE NORTH 0°20'47"
WEST 37.84 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT;THENCE ALONG
SAID WESTERLY LINE SOUTH 0°20'47" EAST 37.84 FEET TO SAID SOUTHWESTERLY
CORNER;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT,NORTH 89036'13" EAST TO THE
POINT OF BEGINNING.
TOGETHER WITH THE EAST HALF OF THE ALLEY ADJOINING LO'T'S 41 AND 42 ON THE
WEST VACATED BY RESOLUTION NO. 6628 RECORDED MARCH 11, 2015 AS INSTRUMENT
NO. 2015-0095229, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND
HEREIN ABOVE DESCRIBED, WITHOUT", HOWEVER, THE RIGHT TO DRILL. DIG OR MINE
THROUGH THE SURFACE THEREOF;AS EXCEPTED IN THE DEED FROM THE STATE OF
CALIFORNIA RECORDED FEBRUARY 6, 1963 IN BOOK 5847, PAGE 922, OF OFFICIAL
RECORDS.
Lorree Cobb Page 3 10/22/2015
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APN: 0169-141-22-0-000, 0169-151-16-0-000, 0169-151-17-0-000, 0169-151-20-0-000, 0169-151-21-0-
000,0169-151-22-0-000,0169-151-27-0-000, 0169-151-29-0-000 and 0169-151-32-0-000
SEE EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
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Exhibit C
Stormwater Pollution Control Devices
Stormwater PollutionControl
SMP BMP or Pollution Latitude Longitude Maintenance Frequency
# Control Device Provided By
1 Infiltration Basin A 34.0603 -117.I872 Owner Twice per year, before and
after rainy season
2 Infiltration Basin B 34.0601 -117.1870 Owner Twice per year, before and
after rainy season
3 Infiltration Basin C 34.0598 -117.1875 Owner Twice per year, before and
after rainy season
4 Sediment Basin D 34.0603 -117.1858 Owner When damaged, clogged,or
sediment depth reaches 6"
5 Sediment Basin E 34.0600 -117.1876 Owner When damaged,clogged, or
sediment depth reaches 6"
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LEGEND
PROJECT BOUNDARY N
10 INFILTRATION BASIN A
O2 INFILTRATION BASIN B
Q3 INFILTRATION BASIN C
® SEDIMENT BASIN D
O �SEDIMENT BASIN E 64 94 14
a
( 1N FEET }
1 INCH =60 FEET i
EXHIBIT D — BMP LOCATION MAP
fnnl°�na Ch 4TIJ$
1 OF 1 REDLANDS PROMENADE — SHOP 5 TAIT
CITY OF REDLANDS, CA °�'b"` `M mati
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