HomeMy WebLinkAboutContracts & Agreements_198-2013_CCv0001.pdf Recorded in Official Records. County of San Bernardino 9/18/2013
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RECORDING REQUESTED BY ASSESSOR — RECORDER — CLERK
AND WHEN RECORDED MAIL TO: R Regular Mail
CITY CLERK Doc#; 2013—0409317 Titles: 1 Pages: 8
CITY OF REDLANDS Fees 9.6e
P.O. BOX 3005 Taxes 0.00
REDLANDS, CA 9_2373 I PA>er $0.00
Fa ilOi ter=E`,'i D
PER CCVEi NWLE4T ::CuE
JECIIIt�� lJiVi
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0171-011-45 and portion of 0171-011-47
THIS AGREEMENT is made and entered into this 3d day of July, 2013, by and between
Property One, 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 Park Avenue West Parking Lot Facility, 1045 West Park Avenue, Redlands CA 92373
and filed as CRA 825 REV. 10 (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 Pervious Concrete Pavement (the
"Devices") to minimize pollutants in urban stormwater runoff; 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
City of Redlands
Agreement Version November 2008
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 night 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. 0171-011-45
and 0171-011-47, 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
City of Redlands
Agreement Version November 2008
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 Property Management
City of Redlands Property One, LLC
P.O. Box 3005 P.O. Box 7538
Redlands, CA 92373 Redlands, CA 92354
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: Pro erty One, LLC
414
4
Pete AguiYar, Mayor Laura Dangermond,X(ember Trustee
Attest:
Sam Irwin,I C* CI
City of Rediands
Agreement Version November 2008
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CrVIL CODE§1189
State of California
County of n- 6�611 ri 6
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before me,
On /-, / 1 --7 —4 Oil aal A
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an
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person( whose name(g)' is/W
subscribed to the within instrument and acknowledged
to me that f)e/she/thilay executed the same in
hi6er/tWr authorized capacity(Lasj, and that by
2841-7 �iherlthair signature(.-ay on the instrument the
VERONICA BURGESS
persori(s), or the entity upon behalf of which the
CWylpilission* 1994360
�Iic� person,(sj acted, executed the instrument.
Notary PUbfiC-California
san Bernardino County
Comm. N"O"V 11
ExOres 5�,20111 1 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.
Signator
Place Notary Seal Above
Signature of otary Pblicj
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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Gamed Above: il�
Capacity(fes) Claimed bXAiqner(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s): Corporate Officer — Title(s): —------
Individual Individual
Partner — Limited General rap of thF imb here Partner — Limited General 7 t r n L)fire
Attorney in Fact Attorney in Fact
� 'Trustee Trustee
Guardian or Conservator Guardian or Con;,Pr,,ator
Other: Other:
------------------
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__-Signer Is Representing: ------------ Si,,)nr,,r Is Representing:
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30 2010 National Notary Asscc,unr,-NatiyiaINotary,org-1-8W US NOTARY(1-800-876-6827) Item#5907
EXHIBIT 44A"
LEGAL DESCRIPTION
WQMP MAINTENANCE EASEMENT
BEING A PORTION OF BLOCK 26 OF THE BARTON RANCH MAP, IN THE CITY OF REDLANDS,COUNTY 01,
SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 6 OF MAPS, AT PAGE 19, IN THE OFFICL OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF NEW YORK STREET AND PARK AVENUE AS Sf IOWN'
ON SAID BARTON RANCH MAP;
THENCE SOUTH 004315-EAST ALONG THE CENTERLINE OF SAID NEW YORK STREET,A DISTANCI,' OF0
32.00 FEET TO THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE SOUTH RIGHT OF WAY
LINE OF SAID PARK AVENUE AND SAID CENTERLINE OF NEW YORK STREET;
THENCE SOUTH 8905543"WEST ALONG SAID PROLONGATION AND SAID SOUTH RIGHT OF WAY LINT"A
DISTANCE OF 250.23 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 8905543"WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF
220.78 FEET;
`THENCE SOUTH 00343' EAST DISTANCE OF 303.85 FEET;
THENCE SOUTH 70'02'01"WEST DISTANCE OF 201.02 FEET;
THENCE SOUTH 0004')'45-EAST A DISTANCE OF 3,76 FEET;
THENCE SOUTH 89055"43"WEST A DISTANCE OF 10.44 FEET;
THENCE SOUTH 70002'01"WEST A DISTANCE OF 235.52 FEET TO THE BEGINNING OF A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 877.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6037155-,AN AIZ(-'
LENGTH OF 101.51 FEET,
THENCE SOUTH 00044'00"EAST A DISTANCE OF 79,74 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 953.00 FEET A RADIAL LINE TO SAID
BEGINNING BEARS SOUTH 12016'28" EAST;
THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF
7°41'31", AN ARC LENGTH OF 127.94 FEET:
THENCE NORTH 70002'01"EAST A DISTANCE OF 654.19 FEET;
THENCE NORTH 00343'15"WEST A DISTANCE OF 306.89 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2,74 ACRES MORE OR LESS
ALL AS SHOWN ON EXHIBIT`'B"ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
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