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HomeMy WebLinkAboutContracts & Agreements_131-2015_CCv0001.pdf Recorded in Official Records,County of San Bernardino 6/16/2015 r: BOB DUTTON 11:29 AM covN�., SG swKoanrunorxi ASSESSOR — RECORDER — CLERK SAN RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: C Priority Mail CITY CLERK Doc#: 2015—0249336 Titles: 1 Pages: 9 CITY OF REDLANDS Fees 0.00 Taxes 0.00 P.O. BOX 3005 other 0.00 REDLANDS, CA 92373 PAID $0.00 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) 0171-342-16 THIS AGREEMENT is made and entered into this.q''i�day of 1 � , 20L, by and between Pacific American Development ("Owner"), and the City of Redlands, a municipal corporation ("City"). The Owner and the City are sometimes each individually referred to herein as a"Parry"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 Starbucks Coffee, 625 E. Redlands Blvd. and filed as Revision 2 to CUP 341 (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 Basins and Rain Gardens (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 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 Pacific American Development 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. 0171-342-16, 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 City of Redlands Agreement Version NOVEMBER 213113 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 Pacific American Development City of Redlands Bernard Weiner, President P.O. Box 3005 1100 Newport Center Drive, Suite 110 Redlands, CA 92373 Newport Beach, CA 92660 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 si tures as of the date first written above. CITY OF REDLAND OWN Paul W. Foster, Mayor Bernard Weiner, President Pacific American Development 1100 Newport Center Drive, Suite 110 Newport Beach, CA 92660 Attest: Sam Irw , C 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 before me, Jeanne Donaldson, Deputy City Clerk (Date) (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/fix executed1he same in hisMer/f e r authorized capacity(ies), and that by his/her/their signature( on the instrument the person(, or the entify upon behalf of which the person(ss)acted, execut�he 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. 0�\�>,l u r i r fill// LCA ' U;\�coaPoggr�o:N Signature of officer # 1888 r. O '••••......•• �, �� Rev.01/01/2015 CALIFOM41A ALL-PVRPOSE ACMMOVAEDGMWff CML COVE§r 1169 i A notary pubic or other officer completing tft ce'"cda vw fi8s anfy ttre identity of itis hdh4duW who signed the I decumentto wffthWis ceffkateisathdiediandM1heftM*VM�,arvalfcWof#atrlorxMMt 1 i State of GaMmia ) C urrty of Ct an __ qtr' iy Q-v On �2 45 beafb=Te Date p Here fnsert Name and TFffe of the blUcer personally appeared NameN ofSrgrer(s) who proved to me on the basis of sa ry evkWrtce to be n(s) whose nHrne{sWre scribed to the wi>;hin instrument and ackn ed to etre i Maw authorized�ciW es),andlhat erAwr ' �irrstr:urrevttth�carne in or the entity open 6elralf of vtfaidt the Pn(s) the ntretrt. p '(S)' I cerMy urlder PENALTY OF PERJLRY under the taws i of the Stat of Calftrinia that the foregoing pmw is true and c onwt gMph v C. CARL INESS my hand and official seal. COMM.#2062511 A OTARY PUBLIC•CALIFORNIA SAlwI BERNARDINO COUNTY Signage LQ om 666;n EVkw Apr 24,2018 Signature of ivlotw PUMC Aaacs NotWSealAbove OPT70MAL Though this section is optfbna�ccmpkdfing this hDbMwffm cam deter MWNWM of ttre dorumant or fraudulent'n3aftowimw offt&form tv art Un#MUMW cr, i3esctfp&on of Affached D Td `T� yyi t'�t �" Ll V-Pic �q -5 C-Lv�. Tale or Type of Docum>�r� �r`'GY1 Da �iv� G, r, Number of Pages: Signer(s) Quer Than famed Above Capacft(ies)Claimed by Signerts) Signer's Name: t Signer's Nie_ Q Corporate Officer"--Trfie(s)_ Li Oboe owx*r- TARKSY - 0 Partner— ©f knftd II Genes C,Parser•-- 0 Lkfted Q eawterat 0 Individual CI Attorney in Fact G Individual Ct Attomey in Fact O Trustee 0 Guardian or Cbrisenrator Q Trusbee ©Cuardim or Consewa nr 0 Other: 0 CMIM Signer Is Represerc#ng Signer Is Reprowiting: 02014 National Notary Association-wwFr.Rf&arrafi+lufiarycrg-1-8004M NOTARY 0-8no-576-88M Rem#59Q7 Exhibit A Legal Description LOTS 32,33 AND 34, BERKELEY TRACT, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 15, OF MAPS, PAGE 86, RECORDS OF SAID COUNTY. FES /0 S W z k3362 *sr CIVIL o��� June 2, 2015 �l� OF v A``F P Exhibit B Plat Map N89°57'33'W 167.17' --------------- � I � I I I I I i I I i I i 34 1 33 32 31 Z i I � I I \ i I i I c n I I ;BERKELEY TRACT; M.B. 15/86 I I I � ; I O � Z I O ' J� I I O ' G I N90 00 00 E 80.30 �O o 0 Lo N CLARK STREET 5 5 v XL o,,pFESSia \ N W ti�9 � z 3362 a SCALE: 1"=30' *sr'r� 1VI .i`F9ea��* June 2, 2015 Exhibit C Stormwater Pollution Control Devices ----- Stormwater Pollution.Control " BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency 4 Device Provided By I BRI 34.0550300 -117.1751130 Property Yearly Bioretention Basin Owner 2 BR2 34.0550340 -117.1749710 Property Yearly Bioretention Basin Owner 3 BR3 34.0550280 -117.1747440 Property Yearly Bioretention Basin Owner 4 RGI 34.0548130 -117.1749650 Property Yearly Rain Garden Owner 5 RG2 34.0547190 -117.1747690 Property Yearly Rain Garden Owner 6 RG3 34.0547920 -117.1747470 Property Yearly RainGarden Owner 7 8 9 10 Exhibit D BMP Map o r BA7 �:,_ ` .` BR2 ✓, .,p _M 13 1 I XN \� \�tip= \ `=•. l rs'X, j 'Rol •moo \��, � ,'' \ 4i' \ CLARK STREET M \ NOT TO SCALE