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HomeMy WebLinkAboutContracts & Agreements_128-2010_CCv0001.pdf Recorded In Oficial Records,County of San Bernardino $11$12010 LARRY WALKER 3:05 PM Auditor/Controller — Recorder MP RECORDING REQUESTED BY , AND WHEN RECORDED MAIL TO: R Regular Mail CITY CLERK Doc#: 2010—0337393 Titles: 1 Pages: 11 CITY OF REDLANDS Fee,, 0.60 T 0.00 P.O. BOX 3005 other 0.00 REDLANDS, CA 92373 PAID $0.00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Numbers: 0171-011-15-0000 0171-011-27-0000 0171-011-28-0000 0171-011-45-0000 0171-011-47-0000 0171-011-54-0000 0171-011-56-0000 0171-011-58-0000 THIS AGREEMENT is made and entered into this i�l�`day of May, 2010, 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 Parking Lot WQMP and filed as CRA 825 Rev. 6, CUP 375 Rev. 1 and CUP 652 Rev. 1 (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 vegetated swales, bio retention, and 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 therefore 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 4, 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. 0171-011-15, 27, 28, 45, 47, 54, 56 and 58, 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 Laura Dangermond City of Redlands Property One, LLC P.O. Box 3005 P.O. Box 7555 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 REDLANDS: SER: Mayor LDan aura gerrnond, ber Trustee Property One, LLC Attest: City Clerk 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 November 4, 2009, before me, Lisa Caldera, Deputy City Clerk, on behalf of Sam Irwin, City Clerk of the City of Redlands, California, personally appeared Pat Gilbreath, Mayor, and Sam Irwin, City Clerk, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies) and that by their signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. SAM IRWIN, CITY CLERK jc83 By: yll_eA— Lisea Caldera,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 Principal(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, API's: 0171-011-15 0171-011-27, 0171-011-28, 0171-011-45, 0171-011-47, 0171-011-54,0171-011-56, 0171-011-58 Date of Document: August 16,2010 Signer(s)Other Than Named Above: Laura Dangermond,Member Trustee,Preps -=One,LLC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT IR State of California County of On before me, Date mere n" ameTHd Title of1hd Officer personally appearedLau_rl� Name(s a s) (G r who proved to me on the whose nam�basis of satisfactory erson p ( evidence to be the is/ate subscribed to the within instrument and acknowledged to me that W/she/pr6y executed the same in t..fher/ttwrr authorized capacity, and that by /her/th it signature( on the instrument the VERONICA BURGESS Commission� 1822706person(s);'or the entity upon behalf of which the Nobly Public C&Mrnia person(s,�acted, executed the instrument. San Bernardino County %Comm.Expires Nov t5.2012 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ; WITNESS my nd and official seal. Signature: Place Notary Seal and/or Stamp Above Signature of Nota P lic 44 i 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 4 Title or Type of Document: Document Date: Num of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ?—L—Corporate ner's Name: Corporate Officer—Title(s): Officer—Title(s): C_l Individual =;' [ individual ' E C::1 Partner—C:1 Limited E]General op of thumb here E_1 Partner—E:.:1 Limited C General Top of thumb here [, 1 Attorney in Fact f..::.1 Attorney in Fact Trustee E. Trustee ❑ Guardian or Ca ervator E:1 Guardian or Conservator '"7 Other: =Other: er Is Representing: Signer Is Representing: Reorder:Call Toll-Free 1-800-876-6827(3c 2008 National Notary Association-9350 De Soto Ave.,PA.Box 2402•Chatsworth,CA 913132402-www.NatlonalNotaty.org Item#5907 EXHIBIT "A" LEGAL DESCRIPTION WQMP MAINTENANCE EASEMENT BEING A PORTION OF BLOCK 26 OF THE BARTON RANCH MAP,IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,FILED IN BOOK 6 OF MAPS,AT PAGE 1.9,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF NEW YORK STREET AND PARK AVENUE AS SHOWN ON SAID BARTON RANCH MAP; THENCE SOUTH 00043'151'EAST ALONG THE CENTERLINE OF SAID NEW YORK STREET,A DISTANCE OF 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 89055'43"WEST ALONG SAID PROLONGATION AND SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 90.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89055'43"WEST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 252.27 FEET; THENCE SOUTH 00004'17"EAST A DISTANCE OF 19.83 FEET; THENCE NORTH 89055'43"EAST A DISTANCE OF 19.51 FEET; THENCE SOUTH 00"04'17"EAST A DISTANCE OF 231.60 FEET; THENCE SOUTH 70002'01"WEST A DISTANCE OF 355.01 FEET; THENCE SOUTH 00°43'45"EAST A DISTANCE OF 3.76 FEET; THENCE SOUTH 89055'43"WEST A DISTANCE OF 10.44 FEET; THENCE SOUTH 70°02'01"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 6°37'55", AN ARC 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 NORTH 1.2016'28"WEST; THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 704 P31",AN ARC LENGTH OF 127.94 FEET; THENCE NORTH 70002101"EAST A DISTANCE OF 720.66 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 950.00 FEET; Page I of 2 Wword processingNjob mtue&,,1188-ESRT11198-113 Park Avenue Parking Lot-ENGTEGALS\WQW EASEM 'TSIESRI WQMP EASEMENT.doc EXHIBIT "A" LEGAL DESCRIPTION WQMP MAINTENANCE EASEMENT THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4019'47", AN ARC LENGTH OF 71.79 FEET; THENCE NORTH 78044'33"EAST A DISTANCE OF 82.03 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SAID NEW YORK STREET; THENCE NORTH 00043'15"WEST ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 39.39 FEET; THENCE SOUTH 89055'43"WEST A DISTANCE OF 210.23 FEET; THENCE NORTH 00043'15"WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 89055'43"EAST A DISTANCE OF 160.23 FEET; THENCE NORTH 00043'15"WEST A DISTANCE OF 152.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2.70 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTIO, WAS PREPARED BY ME OR UNDER MY DIRECTION. RICHARD S.FURLONG,P.L.S. 8422 DATE c�`O S.F MY LICENSE EXPIRES ON 12/31110 (fes\ '�O No. 8422 1 J, EXP. 12131110 SOF CA1-�Fd Page 2 of 2 Wword proccuingtjob relatedti 188-ESR1~1 I88-113 Park Avenue Parking Lot-ENGi EGAMWQMP EASEMENTSTSR1 ihQMP EA.SEMENT,doc LEGEND EXHIBIT 0** L.,,7 SHEET ) OF 3 P.O.B = POINT OF BEGINNING T.P.O.B. = TRUE POINT OF BEGINNING Q = WQMP MAINTENANCE EASEMENT - - - PARK AVENUE I SCALE: 1"= 150' n 4W SEE SHEET 2 FOR DETAIL LAN© SEE SHEET 3 4r,`'���0 S. FOR DETAIL (1 o `cv 4. < cl- 70 NO. 8422 EXP. 12131110 -� ADIKASC E NC.;)NEL-P,I C-: RICHARD S. FURLONG, P.L.S. 8422 DATE 937 SOUTH M L4Tjk SUrre 506 MY LICENSE EXPIRES ON 12131110 COLTON. C" 92324 PH. { )783-rrroi FAX (90)W-0108 EXHI BI T PpB pp SHEET 2 OF 3 PARK AVENUE S00*43'15"E 32.00' T.P.O.B4� SCALE: 1 60' 589*55'43"W 252.27' —�—S89*55'43"W 90-00' Ll 40' L2 C14 Lr) LINE DATA TABLE SHEET 2 Ll BEARING DISTANCE 1 S00`04'17'E 19,83' 2 N89*55'43"E 19.51' :t 3 N78'44'33"E 82.03' 0 0 z 4N00*43'15'W 39.39' Z 5 — N00'43'15"W�-50M' clq CURVE DATA TABLE SHEET 2 Cl DELTA I RADIUS LENGTH 11 4 950.00' 71.79' N89*55'43"E 160.23' 0 V) PORTION OF BLOCK 26 L5 BARTON RANQi M.B. 6/19 S89'55'43"W 210.23' L4 w 0 CA ,, AEIE-NJC_-)I r-li I--E I-It I r"i c; 937 SOUTH VIA LATA, SUfff SDO COLTON. CA 92324 PH, (909)783-0101 FAX (909)783-0108 EX/ I Il..a I T PPB pp I SHEET 3 OF 3 SCALE. 1"= 100' C4 elp d 64& A L3 CZ CURVE DATA TABLE SHEET 3 LINE DATA TABLE SHEET 3 C DELTA TA RADIUS LENGTH L BEARING DISTANCE 1 6*3755" 877.00' 101.51' 1 500*43'45"E 3.76' ARICASC 2 7*4131" 953.00' 127.94 --Y. S89-55'43"W 10.44' E r-li Ci I N E I:-: I:z I r"i C; 3 4*19'47" 950.00' 71.79' 3 500-44'00"E 79.74' 937 SOUTH M LATA, SWE 5W COLTON, CA 92324 PH. (909)783-0101 FAX (9W)783-0108