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HomeMy WebLinkAboutContracts & Agreements_211-2019RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P 0 BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 0 Electronically Recorded in Official Records County of San Bernardino Bob Dutton Assessor -Recorder -County Clerk DOC# 2019-0382276 10/24/2019 Titles. 1 Pages: 10 08:00 AM SAN Fees $0.00 Taxes $0.00 G8467 CA SB2 Fee 0,00 SPACE ABOVE TIIIS LINE FOR RECORDER'S USE Total $0,00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-271-21, 47, 52, and 58 THIS AGREEMENT is made and entered into this day ofbI "' , 20 lei 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 Packing House District — Phase 2 and filed as CUP 905 R-4 (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 an underground infiltration basin and storm drain inlet filters (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 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 City of Redlands Agreement Version NOVEMBER 2013 RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-271-21, 47, 52, and 58 THIS AGREEMENT is made and entered into thi day of 0V•Y'^ , 2011 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 Packing House District — Phase 2 and filed as CUP 905 R-4 (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 an underground infiltration basin and storm drain inlet filters (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 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 City of Redlands Agreement Version NOVEMBER 2013 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, a California 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. 0169-271-21, 47, 52 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 City of Redlands Agreement Version NOVEMBER 2013 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 obhgations 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 Property One, LLC, a California Limited Liability Company By Dave Atchley, Facilties Manager PO Box 7538 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 (A ( yk / Ja cConnell, Assistant City Manager Attest JptDonaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 OWNER Property One, LLC, a California Limited Liability Company By Dave Atchley, Facilities Manager PO Box 7538 Redlands, CA 92375 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 l Yl L) County of On l.Li ` cx } 1 9 before me, i afick KOLA_ Date Here Insert Name and Title of the Officer personally appeared Ja-`\ 1 f) � d1tr\(%CL'aY\c, O\ \ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor((s chose name sNare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities , and that by Ifirs/h'er/their signature@ ): on the instrument the persor0 or the entity upon behalf of which the person(4acted, executed the instrument 4 z DIANA RAINS Notary Public California San Bernardino Cbunfy Commission # 2175775 My Comm Expires Dec 16 2020 z Place Notary Seal and/or Stamp Above 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 Signature A,7 OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document c t_ Title or Type of Document �3i-111C Y 30,-A-Q_C' ' 1 ect-t-(lr\_C i t ' Ui CQ ; Co P c c- Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited 0 General O Individual 0 Attorney in Fact O Trustee ❑ Guardian of Conservator O Other Signer is Representing Signer's Name O Corporate Officer — Title(s) D Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator 0 Other Signer is Representing ©2017 National Notary Association 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/ rif)(4 COUNTY OF`y? 1 bernardinp On in/i (17 fp before me, %i r7)v) I nQ L'if'Cl eS S i /Ll d--Pair (Name and tie of the officer) J personally appeared I ave4-kiAII.1 ( ame of 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/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 Rev 01 /01 /2015 VERONICA BURGESS Notary Public California San Bernardino County Commission # 2171206 My Comm Expires Nov 15 2020 (Seal) Exhibit A Legal Description Real property in the City of Redlands, County of San Bernardino, State of California, described as follows PARCEL ONE. THE EAST 45 FEET OF THAT PORTION OF THE WEST 1/2 OF THE EAST %2 OF THE NORTH '/2 AND THE WEST 'A OF THE NORTHEAST 1/4 OF THE SOUTH '/2 OF THE LOT 27, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS PAGE 2, RECORDS OF SAID COUNTY, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING 15 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 10, IN BLOCK "F" OF FAIRBANKS AND WILSON SUBDIVISION IN BOOK 4, PAGE 47 OF MAPS, THENCE WEST 115 FEET, THENCE SOUTH 161 8 FEET, MORE OR LESS, TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CALIFORNIA CENTRAL RAILWAY, THENCE EAST 115 FEET, THENCE NORTH 161 8 FEET, MORE OR LESS, TO THE POINT OF BEGINNING PARCEL TWO PARCEL 1 ALL OF LOT 10 AND THE WEST 22 FEET OF LOT 9, BLOCK F, FAIRBANKS & WILSON SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 47 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THE NORTH 15 FEET AS CONVEYED TO THE CITY OF REDLANDS BY DEED RECORDED JANUARY 27, 1905 IN BOOK 358 PAGE 91 OF DEEDS TOGETHER WITH THAT PORTION OF VACATED PARK AVENUE PERUANT TO THAT CERTAIN DOCUMENT ENTITLED AS "RESOLUTION 7986 STREET VACATION NO 169" RECORDED ON JUNE 19, 2019 AS INSTRUMENT NO 2019-0201965 OF OFFICIAL RECORDS PARCEL 2 THE EAST 40 FEET OF LOT 8, IN BLOCK "F" OF FAIRBANKS AND WILSON SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 47 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THE NORTH 15 FEET AS CONVEYED TO THE CITY OF REDLANDS BY DEED RECORDED JANUARY 27, 1905 IN BOOK 358 PAGE 91 OF DEEDS TOGETHER WITH THAT PORTION OF VACATED PARK AVENUE PERUANT TO THAT CERTAIN DOCUMENT ENTITLED AS "RESOLUTION 7986 STREET VACATION NO 169" RECORDED ON JUNE 19, 2019 AS INSTRUMENT NO 2019-0201965 OF OFFICIAL RECORDS PARCEL 3 THE EAST 28 FEET OF LOT 9 AND THE WESTERLY 10 FEET OF LOT 8, BLOCK "F" OF FAIRBANKS AND WILSON'S SUBDIVISION OF A PART OF LOTS 27 AND 28 IN BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLNDS, COUNTY SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 47 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPT THE NORTH 15 FEET AS CONVEYED TO THE CITY OF REDLANDS BY DEED RECORDED JANUARY 27, 1905 IN BOOK 358 PAGE 91 OF DEEDS TOGETHER WITH THAT PORTION OF VACATED PARK AVENUE PERUANT TO THAT CERTAIN DOCUMENT ENTITLED AS "RESOLUTION 7986 STREET VACATION NO 169" RECORDED ON JUNE 19, 2019 AS INSTRUMENT NO 2019-0201965 OF OFFICIAL RECORDS PARCEL THREE. LOTS 1, 2, 3, 4, 5, 6 AND 7, BLOCK "F" OF FAIRBANKS AND WILSON SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 47, RECORDS OF SAID COUNTY EXCEPTING THE NORTH 15 FEET FOR ROAD PURPOSES ALSO EXCEPTING THAT PORTION OF LOT 1, BLOCK "F" OF FAIRBANKS AND WILSON'S SUBDIVISION, DESCRIBED AS FOLLOWS BEGINNING ON THE EAST LINE OF SAID LOT 1, DISTANT ALONG SAID EAST LINE, BEING ALSO THE WEST LINE OF LUGONIA STREET, 50 FEET WIDE, AS SHOWN ON SAID MAP (KNOWN ALSO AS FIRST STREET), NORTH 0° 18' 11" WEST, 43 01 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 1, THENCE ALONG SAID EAST LINE, NORTH 0° 18' 11" WEST, 106.99 FEET TO THE SOUTH LINE OF SAID STUART AVENUE, 50 FEET WIDE, AS SHOWN BY TRACT NO 2083, AS PER PLAT RECORDED IN BOOK 30 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY, THENCE ALONG SAID SOUTH LINE, SOUTH 89° 41' 29" WEST, 31.83 FEET, THENCE ALONG A NONTANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 25 FEET FROM A TANGENT BEARING NORTH 89° 41' 29" EAST THROUGH AN ANGLE OF 83° 50' 04", A DISTANCE OF 36.58 FEET, THENCE SOUTH 6° 28' 27" EAST, 44.62 FEET, THENCE ALONG A TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 375 FEET THROUGH AN ANGLE OF 6° 10' 16", A DISTANCE OF 40.39 FEET TO THE POINT OF BEGINNING ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 1 AND 2, BLOCK "F" CONVEYED TO SANBERNARDINO COUNTY TRANSPORTATION AUTHORITY BY GRANT DEED RECORDED NOVEMBER 27, 2018 AS INSTRUMENT NO 2018-439186 OF OFFICIAL RECORDS TOGETHER WITH THAT PORTION OF VACATED PARK AVENUE PERUANT TO THAT CERTAIN DOCUMENT ENTITLED AS "RESOLUTION 7986 STREET VACATION NO 169" RECORDED ON JUNE 19, 2019 AS INSTRUMENT NO 2019-0201965 OF OFFICIAL RECORDS APN 0169-271-21-0-000 (Affects. Parcel One) 0169-271-47-0-000 (Affects Parcels 2 and 3 of Parcel Two) 0169-271-52-0-000 (Affects Parcel 1 of Parcel Two) 0169-271-58-0-000 New APN, 0169-271-44-0-000 Old APN (Affects Parcel Three) SCALE I "-GO' EXHIBIT 'B' PLAT 1-_._______ APN 0 169-271-21 -I ; I--- 5C I I I- -1 I I I I APN 01 69-271 -52 APN 01 69-271-47 APN 0169-27 I -58 EUREKA i 1 1 1 1 EXHIBIT C Stormwater Pollution Control Devices BMP # BMP or Pollution Control Device Latitude Longitude Maintenance Provided By Frequency 1 Stormtech Underground Infiltration Basin 34 05921 -117 1880 Owner lx in October & April 2 Prefilter 34 05913 -117 1882 Owner lx every three months 3 Prefilter 34 05927 -117 1882 Owner 1x every three months 4 Prefilter 34 05954 -117 1882 Owner 1x every three months 5 Prefilter 34 05954 -117 1880 Owner Ix every three months 6 Prefilter 34 05948 -117 1875 Owner 1x every three months 7 Prefilter 34 05952 -117 1873 Owner lx every three months 8 Prefilter 34 05952 -117 1871 Owner 1x every three months 9 Prefilter 34 05949 -117 1868 Owner lx every three months 10 Prefilter 34 05944 -117 1866 Owner Ix every three months 11 Prefilter 34 05938 -117 1866 Owner lx every three months 12 Prefilter 34 05932 -117 1866 Owner lx every three months 13 Prefilter 34 05923 -117 1866 Owner lx every three months 14 Prefilter 34 05923 -117 1867 Owner lx every three months 15 Prefilter 34 05913 -117 1873 Owner lx every three months 16 Prefilter 34 05941 -117 1876 Owner lx every three months PROPOSED TRASH ENCLOSURE BMP #15 SCALE I "=G0' EXHIBIT 'D' BMP LOCATION MAP APN 01 69-27 1 20 1 dill BMP #3 P#?L ,PROPOSED UNDERGROUND INFILTRATION BASIN! 2 PROPOSED LBUILDING rj PROPOSED '3 USE. RETAIL 0 0 0 kumia DA 1 0 II PROPOSED Y BUILDING 2 PROPOSED USE. RESTAURANT L BMP #14 MP #12 BMP #13 3 EUREKA_.- - N00°I7'I5"W +II B P 4 II _ BMO 5 I o it PROPOSED R/W EXISTING R/W