HomeMy WebLinkAboutContracts & Agreements_176-2014_CCv0001.pdf Recorded in Official Records, County of San Bernardino 911112014
DENNIS DRAEGER 1t:t5Am
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�eiwrj ASSESSOR — RECORDER — CLERK SAN
RECORDING REQUESTED BY y P Counter
AND WHEN RECORDED MAIL TO:
Doc#: 2014— 0335451 Titles: t Pages: 9
CITY CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 Othe0.00
I PAID r X0.00
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)
0292-053-01, -02, -09, -10, and-11
THIS AGREEMENT is made and entered into this /0" day of _ M&&,11 , 2014,
by and between Redlands Development, LLC, a California Limited Liability Company
("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 Commerce Center Building 3 — 1300 California Street, Redlands, CA
and filed as PM 19496 (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 three infiltration basins, four sets of
underground infiltration chambers, and one dry well (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 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 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. 0292-053-01,
-02, -09, -10, and-11, 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
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 JohnRMagness
City of Redlands Redlands 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 RE LANDS: OWNER:
Redlands DevelopnTe-K LLC
Pete Agui r, Mayor
By:
Attest: JohnWAness
Sr. Vice President
Sam Irwin, Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
P,
State of California
t County of 47 �fr1 �'O�tlq
On \q before me, t4 ►0�`1 C).Y ��C.,
Date Here Insert Name and Title of the Officer
Cpersonally appeared
Names)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(&)-whose name(6) Ware-
subscribed to the within instrument and acknowledged )
to me that he/sheAtey executed the same in
his/her/their- authorized capacity(ies), and that by
his/her/their signatures} on the instrument the
person(s);or the entity upon behalf of which the
person(&) acted, executed the instrument.
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OLDVANESSA MARIE MASELL I certify under PENALTY OF PERJURY under the
Coeinniseian#2015952 laws of the State of California that the foregoing
Notary Public-California z g g
San Bernardino County ' paragraph is true and correct.
My Comm.Expires Mar 22,2llt 7
- - - - - - - - - - - - - W[TNESS my hand and official seal.
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Signature: Oy'Y'LP V,A ICakL-_nJ DA10�
Place Notary Sea[Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
V Title or Type of Document r
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Individual ❑ Individual
Partner — Limited i General ❑ Partner — ;= Limited General
l
❑ Attorney in Fact ❑Attorney in Fact l
❑ Trustee ❑Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other: [
)
Signer Is Representing: Signer Is Representing: )
O 2012 National Notary Association •NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) 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 September 10, 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.
"r/»f// WITNESS my hand and official seal.
�`� ?PoaaARTHUR S. IRWIN, CITY CLERK
rF�;+N
%�ti +� J rine 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
PrincipaI(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: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: September 10, 2014
Signer(s) Other Than Named Above: John Magness, Sr. Vice President
EXHIBIT t' w 1s SHEET 1 OF 1
(LEGAL DESCRIPTION)
THE LAND REFERRED TO IN THIS POLICY/S DESCRIBED AS FOLLOWS-
REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS-
PARCEL 1: APN'S 0292-053-01, 02 AND 09
LOTS 3, 4 AND 6, BLOCK 6, HENRY L. WILLIAMS TRACT, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11, OF MAPS PAGE 17, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 2.• APN S 0292-053-10 AND 11
LOT 5, BLOCK 6, HENRY L. WILLIAMS TRACT, IN THE COUNTY OF SAN BERNARD/NO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11, OF MAPS PAGE 17, IN THE OFFICE OF THE COUNTY
RECORDER Of SAID COUNTY.
SURVEYOR:
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Exhibit C
Stormwater Pollution Control Devices
Stormwater Pollution 1 1 Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
9 Device Provided By
I TC-11: Underground 34.07342 -117.22556 Redlands Semi-annually(October 1st and February 1st)
Infiltration ChamberDevelopment, LLC
2 TC-11: Underground 34.07336 -1.17.22478 Redlands Semi-annually(October ISt and February I")
Infiltration Chamber Development, LLC
3 TC-11: Underground 34.07157 -117.22563 Redlands Semi-annually(October I"and February 1st)
Infiltration Chamber Development, LLC
4 TC-11: Underground 34.07075 -117.22548 Redlands Semi-annually(October I"and February Ist)
Infiltration Chamber Development, LLC
Redlands Before each rainy season, after any rain
5 TC-1 l: Infiltration Basin 34.07053 -117.22311 Development, LLC event or once per month, whichever is
6 TC-11: Infiltration Basin 34.07067 -117.22398 Redlands Before each rainy season, after any rain
Development, LLC event or once per month, whichever is
7 TC-11: Infiltration Basin 34.07058 -117.22474 Redlands Before each rainy season, after any rain
Development,LLC event or once per month, whichever is
8 Dry Well 34.07330 -117.22420 Redlands Before each rainy season, after any rain
Development, LLC event or once per month, whichever is
9
10
SCALE = 1" = 250' E y U'B'T "D SHEET 1 OF 1
(8MP LOCATION MAP)
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BMP 44 BMP �5
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r =µ= PN.(714)521-4611 FAX(714)521-4173 Last Update:7/18/1+
0:\3100-3199\3164\EXHIBIT'S\EXHIBIT A&B.dwg