HomeMy WebLinkAboutContracts & Agreements_55-2013_CCv0001.pdf Recorded in Official Records, County of San Bernardino 4/01/2013
RECORDING REQUESTED BY ` R DENNIS DRAEGER 10:04 AM
ASSESSOR - RECORDER - CLERK ALS
WHEN HEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO: ' R Regular Mail
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Doc#: 2013—0131623 Titles: 1 Pages: 11
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FEES NOT REQUIRED -
SECTION 6103 SPACE ABOVE FOR RECORDER'S USE ONLY
Stormwater Treatment Agreement - APNs 168-171-13,
168-171-14, 168-171-15 and 168-171-16
AGREEMENT
Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3,00 Additional Recording Fee Applies)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
U
PER GOVERNMENT CODE
SE1,11UN 61U3 SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0168-171-13, 0168-171-14, 0168-171-15, 0168-171-16
0,
THIS AGREEMENT is made and entered into this A70 day of ntillAr 2013
by and between LCD Redlands Village, LLC, a Delaware limited liability company/, and Stater
Bros Markets, a California corporation ("Owners"), and the City of Redlands, a municipal
corporation ("City"). The Owners and the City are sometimes each individually referred to
herein as a"Party'and, collectively, as the"Parties."
RECITALS
WHEREAS,the Owners own 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 Owners' development project commonly
known as Redlands Village, 1755, 1775, 1785, and 1795 East Lugonia Avenue and filed as CRA
875, NIS 333, Parcel Map 19371, CUP 1001 and 1002 (the "Project"), the City required the
Project to employ on-site control measures to minimize pollutants in urban stormwater runoff;
and
WHEREAS, the Owners have chosen to install Stormtech MC-3500, and Fossil Filter:
FGP-12F, FGP-18F, FGP-42CI. FGP-7.0CL or equivalent (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 Owners. and
WHEREAS, the Owners are aware that periodic and continuous maintenance including,
but not necessarily limited to, filter material replacement and sediment removal is required to
City of Redlands
Agreement Version NowTbw 2008
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 LCD Redlands Village, LLC and
Stater Bros Markets agree as follows:
AGREEMENT
I The Owners hereby provide the City and its designees with full right of access to the
Devices and the Owners' 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 Owners' expense as provided for in Section 3, below. The
City shall make every effort at all times to minimize or avoid interference with the
Owners' use of the Property when undertaking such inspections and repairs.
2. The Owners 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 Owners and the Owners' 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 Owners fail 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 Owners,
including administrative costs, attorneys' fees and interest thereon at the maximum rate
authorized by law, twenty (20) days after the Owners' receipt of the notice of expense
until paid in full.
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0168-171-13,
0168-171-14, 0168-171-15, 0168-171-16, and shall be recorded in the Official Records of
the County of San Bernardino at the expense of the Owners 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.
City of Redlands
Agreement Version November 2008
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 OWNERS:
City Engineer David L. Linden
City of Redlands LCD Redlands Village, LLC
P.O.Box 3005 1156 North Mountain Ave.
Redlands, CA 92373 Upland, CA 91786
Michael Thomas Slaton
Stater Bros Markets
301 South Tippecanoe Avenue
San Bernardino, CA 92408
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 Owners.
City of Redlands
Agreement Version November 2008
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS: OWNER: LCD Redlands Village,LLC
a Delaware limited liability company
By: Lewis Operating Corporation.
A California corporation—Its Manager
BY:
Pete AguilWr, Mayor
Name: DAMD L. UNDEN
Its: Authorized Agent
Attest: OWNER: Stater Bros Markets
Sam Irwin, ieytlerk Michael Thomas Slaton, V.P.Real Estate
City of Redlands
Agreement Version November 2008
CALIFORNIA ALL-PURPOSE
State of California
County of c+rr A AL3
On 12. before me,
4a - Herd I339ert l�tarrc and Tale of t e Officer
personally appeared t Vt r�
fameW of Signer(s)
who proved to me on the basis of satisfactory evidence to
e the person(2r) whose narne( is/am subscribed to the
within instrument and acknowledged to me that
helms ,.,may executed the same in hir authorized
JENNIFER SZATK KI-BARKER capacity(i ), and that by his;` it signature( ) on the
Cernlssi 1891493 instrument the peronA), or the entity upon behalf of
Z - Notary Politic.California z which the person(g) acted, executed the instrument-
San Bernardino CountyMy
Comm.Expires Jun 23,2414 l certify under PENALTY OF PERJURY under the laves
of the Mate of California that the foregoing paragraph i
true and correct.
WITNESS my hand and official
Place Notary Seal Above Signal re -ig azure f N.-ly P-11-
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 Cate: Number of Pages:
Signer(s) Other Than planned Above:
apacity(ies) Claimed by Signer(s)
Signer's Dame- Signer's fame
Individual Individual
Corporate Officer—Title(s), Corporate Officer—`T isle(s):
Partner— Limited =' General , Partner Limited ; General �}„
ftorney in Fact NMU#&ILBAW Attorney in Pact �
Trustee e e Trustee ?)p of thumb'nese
Guardian or Conservator Guardian or Conservator
Other: I Other: I
I
Signer Is Representing: j Signer Is Representing, k
l
2007 Na.iaral W� ar4 AvFiat-era=9350 De Soto Ave,RO,Box 2402 Cnatsvorth,CA 91313-2402-,{„vrad.Nationa€Ne#ary.osg ,ern?x5907 Rec-der.CaNToll-Free eC&8.r'P.-6827
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS: OWNER: LCD Redlands Village, LLC
a Delaware limited liability company
By: Lewis Operating Corporation.
A California corporation-Its Manager
By:
Pete Aguilar, Mayor
Name:
Its: Authorized Agent
Attest: OWNER: Statpr Bros Markets
'y I�-
Sam Irwin,4��iPferk Michael Thomas Slaton, V.P. Real Estate
City of Redlanas
Agreement Version Novernber 2008
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 March 19, 2013, before
me, Teresa Ballinger, 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, 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/they executed the same in hisAwAheir
authorized capacity(ies) and that by his4ierAheir 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.
ARTHUR S. IRWIN, CITY CLERK
ilp-R4
1883
0, ri
"°°°.
By:
F 0 Teresa Ballinger, Deputy' Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneselVthemselves
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
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: February 12, 2013
Signer(s) Other Than Named Above: LCD Redlands Village, LLC by: Lewis Operating Corporation, a
California corporation—Its Manager, David L. Linden; Stater Bros Markets by Michael Thomas Slaton,
VP Real Estate
ACKNOWLEDGMENT
State of California
County of SAN BERNARDINO
On February 12, 2013 before me, Deborah L. Antonucci Notary Public
Personally appeared Michael Thomas Slaton
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person 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.
DEWMAN L.ANTONUCCI
WITNESS my hand and official seal. among 1957027
Notary Pubk-California
SO Befftafffifto County
mitconun-=es Nov 12,2015
Signature
(SEAL)
EXHIBIT "A
LEGAL DESCRIPTION
PARCELS 1, 2, J, AND 4 OF PARCEL MAP NO. 19371, IN THE CITY OF REDLANDS, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 240, PAGES 83 THROUGH 86,
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ALL AS SHOW ON EXHIBIT "B". ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
THIS DESCRIP770M WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WTH
THE PROFE5SIONAL L NO SURVEYOR'S A C T
J.MARTY
J MARTY SMITH, P.L.S.1-90A-Y-,�-,, 0
SMITH
DA TE PREPARED. 0210112013
IP;l 8070
OF
SHEET 1 OF 1
EXHIBIT "Am LEGAL DESCRIPTION 160 S.014 Springs Roca,Ste,210
PM 19371 Engineering, Inc. Anaheim Hills,California 92808
CITY OF REDLANDS, CALIFORNIACivil Engineering/Land Surveying/Land Planning (714)685-6860
EXHIBIT "B"
PLAT TO A CCOMPAN Y LEGAL DESCRIPTION FOR EXHIBIT 'A
Z11
PARCEL 1 PARCEL 4 z
LQ
o PARCEL MAP NO. 19371
P.M.B. 240183-86
ra
PARCEL J
PARCEL 2
LUGONIA A VENUE
47ND
J.M RTY
smi
LEGEND
EXTERIOR BOUNDARY OF PM 19371 80
PARCEL LINES PER PM 19371 SCALE: 1"-100'
C
CENTERUNES OF
ADJACENT PROPERTY
021011201J SHEET 1 OF 1
EXHIBIT "B" — PLAT :160 S.Old Springs Road,Ste,210
PM 19371 Engineering, Inc. 'Anaheim Hills,California 92808
CITY OF REDLANDS, CALIFORNIA
Civil Engineering/Land Surveying/Land Planning (714)685-6860