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Home My WebLink AboutContracts & Agreements_126-2021RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor Recorder -County Clerk DOC# 2021-0305137 07/07/2021 Titles 1 Pages 11 11 28 AM SAN Fees $0 00 Taxes $0 00 F3010 CA SB2 Fee $0 00 Total $0 00 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-154-09 and 0292-154-21 THIS AGREEMENT is made and entered into this 21 day of JAJE , 2021, by and between CIOF I — CA 1 B01, LLC, a Delaware 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 Cabot New Jersey Commerce Center and located at 10843 New Jersey Street, Redlands CA 92373 and filed as CRA 912 (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 set of underground infiltration chambers and catch basin filter inserts (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 referred to as the Water Quality Maintenance Plan, and City of Redlands 0 \3700-3799\3793\WQMP\2021-06-18 FWQMP 5th Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D - Maintenance Agreement docx DOC #2021-0305137 Page 2 of 11 WHEREAS, the Devices being installed on private property and draining only pnvate 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 CIOF I — CA1B01, LLC, a Delaware limited liability company 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 0292-154-09 and 0292-154-21, 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 City of Redlands O \3700-3799\3793\WQMP\2021-06-18 FWQMP 5th Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D - Maintenance Agreement docx DOC #2021-0305137 Page 3 of 11 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 City Engineer City of Redlands P O Box 3005 Redlands, CA 92373 OWNER Justin Harvey CIOF I — CA 1 B01, LLC, a Delaware limited liability company One Beacon Street #2800 Boston, MA 02108 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 City of Redlands O \3700-3799\3793\WQMP\2021-06-18 FWQMP 5th Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D - Maintenance Agreement docx DOC #2021-0305137 Page 4 of 11 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS Charles M Duggan Jr , City anager Attest Donaldson, City Clerk OWNER CIOF I — CA 1 BO 1, LLC, a De ware limit- : iability company Jus in Har!ey, Managing Director CIUF I — CA1B01, LLC, a Delaware limited liability company City of Redlands O \3700-3799\3793\WQMP\2021-06-18 FWQMP 5th Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D - Maintenance Agreement docx DOC #2021-0305137 Page 5 of 11 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 J sky G1202I before me, } Diana Rains, Notary Public (Here insert name and title of the officer) personally appeared Charles M Duggan, Jr and Jeanne Donaldson who proved to me on the basis of satisfactory evidence to be the person hose nameats/are subscribed to the within instrument and acknowledged to me that l'v../s1TeJthey executed the same in'tus/hlr/their authorized capacit , and that by /Ptes/their signature s@, on the instrument the persons s�, or the entity upon behalf of which the persont(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 Jtoxa Rcwni Notary Public Signature ♦ (Notary Public Seal) D- IANA RAINS COMM *2342435 • Notary Public Catitamta o San BNnardtna County - MI Comm En uos 10n. 194.1025 j ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and if needed should be completed and attached to the document 4cknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notan to violate California notary law • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must pnnt his or her name as it appears within his or her commission followed by a comma and then your tide (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization • indicate the correct singular or plural Corms by crossing oft incorrect torms (i.e he/she/they, is /are) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges re seal if a sufficient area permits otherwise complete a different acknowledgment Corm • Signature of the notary public must match the signature on tile with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document number of pages and date Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title (i.e CEO CFO Secretary) • Securely attach this document to the signed document with a staple DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version wv w NotaryClasses com 800 873 9865 DOC #2021-0305137 Page 6 of 11 CALIFORNIA ALL-PURPOSE ACKNOWLLDGMFNT A notary public of 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. of validity of the document State of Massachusetts County of Suffolk On ZY"v l e -2 I , .p. ( before me, ICJ l.L,1 ctiw�5� NAME TITLE OF OFFICER DATE Personally appeared Z-L ±✓) Notary Public, NAME(S) OR SIGNER(S) 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 his/her/thee authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), of the entity upon behalf- of which the person(s), acted, executed the instrument I certify under PENALTY OF PERJURY uncle! the laws of the State of Massachusetts that the foregoing paragraph is true and correct Witness my hand and official seal SIGN TURE OF NOTARY PUBI. IC STEPHANIE WILLIAMSON Notary Public Commonwealth of Massachusetts My Commission Expires May 23, 2025 DOC #2021-0305137 Page 7 of 11 m EXHIBIT "A' (LEGAL DESCRIPTION) SHEET 1 OF 1 THE LAND REFERRED TO HEREIN BELOW /S SI TUA TED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STA TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS THAT PORTION OF THE SOUTHWEST 1/4 OF BLOCK 5, BARTON RANCH, IN THE COUNTY OF SAN BERNARDINO, STA TE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY, DESCR/BED AS FOLLOWS COMMENCING AT THE CENTERLINE INTERSECTION OF NEW JERSEY STREET AND CITRUS AVENUE, AS SHOWN BY RECORD OF SURVEY RECORDED IN BOOK 44 OF SURVEYS, PAGE 63, AND ALSO IN BOOK 49 OF SURVEYS, PAGE 66, RECORDS OF SAID COUNTY, THENCE NORTH 0 DEGREES 18' 41" WEST ALONG THE CENTERLINE OF SAID NEW JERSEY STREET, 367 97 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 89 DEGREES 52' 46" EAST ALONG THE SOUTH LINE OF THAT CERTAIN PARCEL DESCRIBED BY QUITCLAIM DEED RECORDED SEPTEMBER 29, 1983 AS INSTRUMENT NUMBER 83-227738, OFFICIAL RECORDS OF SAID COUNTY, 657 65 FEET TO THE POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID BLOCK 5, THENCE NORTH 0 DEGREES 21' 01" WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF BLOCK 5, 293 67 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID BLOCK 5, THENCE NORTH 89 DEGREES 32' 32" WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID BLOCK 5, 65750 FEET TO THE CENTER LINE OF NEW JERSEY STREET, THENCE SOUTH 0 DEGREES 18' 41" EAST ALONG THE CENTERLINE OF NEW JERSEY STREET, 300 31 FEET TO THE POINT OF BEGINNING APN 0292-154-21 TOGETHER WITH THE SOUTH HALF OF THE NORTHWEST QUARTER OF BLOCK 5 OF BARTON RANCH, IN 7HE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 19 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY czs APN 0292-154-09 w a> r) Thienes Engineering, Inc C/I4L ENGINEERING •LAND SURVEYING 14349 FIRESTONE BOULEVARD LA MIRADA, CALIFORNIA 90638 PH.(714)521-4811 FA2(714)521-4173 SURVEYOR PREPARED UNDER THE SUPER 19S/ON OF RIAN L THIENES L S NO 5750 REG. EXP DEC 31, 2021 DOC #2021-0305137 Page 8 of 11 SCALE 1" = 120' 0) 35' 5 8'41" W 634 29' 0 0 z 1 1 EXHIBIT "B" (MAP/ILLUSTRATION) N 89'52'45" E 657 22' NORTH LINE OF THE SOUTH 1/2, OF THE NW 1/4, BLOCK 5 SHEET 1 OF 1 EAST LINE OF THE NW 1/4 BLOCK 5, BARTON RANCH M B 6 / 19 SOUTH 1/2 OF THE NORTHWEST 1/4 OF BLOCK 5, BARTON RANCH, M B 6/19 N 89'32'32" W 657 50' NORTH LINE OF THE SW 1/4, BLOCK 5 Zo N N co EAST LINE OF THE SW 1/4 BLOCK 5, BARTON RANCH M.B 6 / 19 CERT/FICATE OF COMPLIANCE NO 4 RECORDED AUGUST 16, 2019 AS DOC NO 2019-0282075, 0 R SOUTH LINE OF DOC NO 83-227738, 0 R N 89 52'46" E 657 65' SURVEYOR: CITRUS AVE. PREPARED UNDER THE SUPERVISION OF Thienes Engineering, Inc CRML ENGINEERING • LAND SURVEYING 14349 FIRESTONE BOULEVARD LA MIRADA, CAL/FORNi4 90638 PN.(714)521-4811 FAX(714)521-4173 BIAN L. TH/ENES P L S NO 5750 REG EXP DEC 31, 2021 N 00'21'01 " DOC #2021-0305137 Page 9 of 11 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 Underground Infiltration Chambers 34 05753 -117 21982 Owner Semi - annually (October 1 st and February 1st) and 48 hours after ram 2 Underground Infiltration Chambers 34 05715 -1 17 22155 Owner Semi - annually (October 1st and February 1st) and 48 hours after rain 3 Underground Infiltration Chambers 34 05829 -117 22105 Owner Semi - annually (October 1st and February 1st) and 48 hours after rain 4 Dram Insert 3405688 -11722152 Owner Semi- annually (October 1st and February 1st) 5 Dram Insert 3405761 -1 1 7 22151 Owner Semi- annually (October 1st and February 1st) O \3700 3799\3793\WQMP\2021 06 18 FWQMP 5th SubmittalvAttachments\Attachment D Maintenance Agreement\Attachment D Maintenance Agreement docx Page 1 of 2 DOC #2021-0305137 Page 10 of 11 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 6 Drain Insert 34 05835 -1 17 22151 Owner Semi- annually (October 1' and February 1st) 7 Drain Insert 34 05778 -1 17 22004 Owner Semi- annually (October 1st and February 1st) 0 \3700 3799\3793\WQMP\2021 06-18 FWQMP 5th SubmittalvAttachlnents\Attachment D Maintenance Agreement\Attachment D Maintenance Agreement docx Page 2 of 2 DOC #2021-0305137 Page 11 of 11 SCALE 1" = 120' DRAIN #6 INSERT EXHIBIT "D" (BMP SITE MAP) SHEET 1 OF 1 UNDERGROUND INFILTRAITON CHAMBERS#3 MC-3500 STORMTECH CHAMBERS r /r IIIIIuii11% Flu UNDERGROUND INFILTRAI ON CHAMBERS #1MC-3500 STORMTECH C AMBERS BUIL ING AR • A 179, 0 S.F 8 CO RETE Mk 9 DOOK DOORS UN)ERGRI ND INFILTRAITOV CHAMBERS SC-740 S ORMTEDH CHA BERS cv H Thienes Engineering, Inc CIVIL ENGINEERING •LAND SURVEYING 14349 FIRESTONE BOULEVARD LA MIRADA, CALIFORNIA 90638 PH.(714)521-4811 FAX(714)521-4173 Last Update 6/18/21 0 \3760-3799\3793\EXHIBITS\3793_EXHIBIT A & B dwg