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HomeMy WebLinkAboutContracts & Agreements_153-2021RECORDING 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 0 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk DOC# 2021-0385097 08/26/2021 Titles 1 Pages 11 09 27 AM SAN Fees Taxes F3010 CA SB2 Fee Total SPACE ABOVE THIS LINE FOR RECORDER'S USE $0 00 $0 00 $0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-063-58 & 59 THIS AGREEMENT is made and entered into this day of WlbeAl , 20)0, by and between Chase Holdings, LP, a California limited partnership ("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 Redlands Corporate Center, 1800 & 1820 W Redlands Blvd and filed as CRA No 909 (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 underground infiltration basins, catch basin inserts and vegetated swales (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 DOC #2021-0385097 Page 2 of 11 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 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 Chase Holdings, LP, a California limited partnership 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 0292-063-58 & 59, 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 DOC #2021-0385097 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 pnor 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 Ryan L Chase, Manager Chase Holdings, LP, a California limited partnership 129 W Wilson Street, #100 Costa Mesa, CA 92627 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 wntmg and approved by the City Council of City and signed by the City and the Owner City of Redlands DOC #2021-0385097 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 Attest City of Redlands Manager Donaldson, City Clerk OWNER Ryan L Chase, Manager Chase Holdings, LP, a California limited partnership 129 W Wilson Street, #100 Costa Mesa, CA 92627 DOC #2021-0385097 Page 5 of 11 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 County of S4-r Cr-Ct,0 l fl On vts"I2d2-i before me, personally appeared L J. bov a,J cI soy\ who proved to me on the basis of satisfactory evidence to be the persols whose namPs/are subscribed to the within instrument and acknowledged to me that he/No/they executed the same in his/her/their authorized capacit ie ), and that by'?s s/Nr/their signature J on the instrument the person(® or the entity upon behalf of which the persoacted, executed the instrument } 1�. tea_ R c , N of-4-0-1 PL UDL t c, Date Here Insert Name and Title of the Officer I,es Th . Dw4 a� ti e(s) of Signer(s) DIANA RAINS 1 COMM #2342435 I Notary Public California 0 San Bernardino County • Comm F ns lart.11. 2025t Place Notary Seal and/or Stamp Above ran 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 OPTIONAL /_)/( kaAALO 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 /1 ,p 1� N q Title or Type of Document 15 1�-%Y) LAJQ. 1--/�A ►v o / O 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 - 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer - o Partner - ❑ Limite ❑ Individual ❑ Trustee ❑ Other Title(s) d 0 General ❑ Attorney in Fact ❑ Guardian of Conservator Signer is Representing ©2017 National Notary Association DOC #2021-0385097 Page 6 of 11 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 County of Orange On 11/4/2020 Date personally appeared before me, Susan L. Walters, a Notary Public Ryan L. Chase Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th erson(0), whose name($ sQare subscribed to the within instrument and acknow dged to me tha he/they executed the same in eS,�, er/their authorized capacity(rand that byier/their signature on the instrument the person(a), or the entity upon behalf of which the person(teacted, 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 SUSAN L WALTERS Notary Public California Orange County Commission # 2245807 My Comm Expires Jul 10 2022 Place Notaty Seal Above WITNESS my ha Sign and official seal .frA // Signature' otaty Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Stormwater Letter for Title or Type of Document the City of Redlands Document Date 11/4/2020 Number of Pages 4 Signer(s) Other Than Named Above Charles M. Duggan Jr. and Jeanne Donaldson Capacity(ies) Claimed by Signer(s) Signer's Name Ryan L. Chase Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other Lit Other Manager Signer Is Representing Signer Is Representing Chase Holdings, LP ©2014 National Notary Association www NationalNotary org 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2021-0385097 Page 7 of 11 Exhibit A Legal Description (APN. 0292-063-58) THAT PORTION OF LOT 5, BLOCK 1 OF HENRY L WILLIAMS TRACT, A SUBDIVISION OF THE EIGHTY ACRE SURVEY OF THE RANCHO SAN BERNARDINO, LOCATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11, PAGE(S) 17, OF MAPS, RECORDS OF THE COUNTY OF SAN BERNDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5, SAID CORNER BEING THE INTERSECTION OF THE EAST LINE OF NEVADA STREET, 30 00 FEET WIDE ON THE EAST ONE-HALF, SAID EAST LINE BEING THE WEST LINE OF SAID LOT 5 AND THE NORTH LINE OF REDLANDS BOULEVARD, FORMERLY COLTON AVENUE, 41.25 FEET WIDE ON THE NORTH ONE-HALF, SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 5, THENCE SOUTH 89°43'14" EAST 245 00 FEET ALONG THE SAID SOUTH LINE, THENCE NORTH 00°26'53" WEST 18 75 FEET ALONG A LINE PARALLEL TO WEST LINE OF SAID LOT 5 TO A POINT ON A LINE PARALLEL WITH AND DISTANT 60 00 FEET NORTH OF THE CENTERLINE OF SAID REDLANDS BOULEYARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00°26'53" WEST 213 25 FEET, CONTINUEING ALONG SAID PARALLEL LINE TO THE WEST LINE OF SAID LOT 5, THENCE SOUTH 89°43' 14" EAST 162 37 FEET ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID LOT 5, THENCE SOUTH 00°26'53" EAST ALONG A LINE PARALLEL TO THE WEST LINE OF SAID LOT 5 A DISTANCE OF 213 25 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 60 00 FEET NORTH OF THE CENTERLINE OF SAID REDLANDS BOULEYARD, THENCE NORTH 89°43'14" WEST 162 37 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING SAID DECRIPTION CONTAINS 0 80 ACRES, MORE OR LESS (APN• 0292-063-59) THAT PORTION OF LOT 5, BLOCK 1 OF HENRY L WILLIAMS TRACT, A SUBDIVISION OF THE EIGHTY ACRE SURVEY OF THE RANCHO SAN BERNARDINO, Page 1 of 2 DOC #2021-0385097 Page 8 of 11 LOCATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11, PAGE(S) 17, OF MAPS, RECORDS OF THE COUNTY OF SAN BERNDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5, SAID CORNER BEING THE INTERSECTION OF THE EAST LINE OF NEVADA STREET, 30 00 FEET WIDE ON THE EAST ONE-HALF, SAID EAST LINE BEING THE WEST LINE OF SAID LOT 5 AND THE NORTH LINE OF REDLANDS BOULEVARD, FORMERLY COLTON AVENUE, 41 25 FEET WIDE ON THE NORTH ONE-HALF, SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 5, THENCE SOUTH 89°43'14" EAST 407 37 FEET ALONG THE SAID SOUTH LINE, THENCE NORTH 00°26'53" WEST 18 75 FEET ALONG A LINE PARALLEL TO THE WEST LINE OF SAID LOT 5 TO A POINT ON A LINE PARALLEL WITH AND DISTANT 60 00 FEET NORTH OF THE CENTERLINE OF SAID REDLANDS BOULEYARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00°26'53" WEST 213 25 FEET, CONTINUEING ALONG SAID PARALLEL LINE TO THE WEST LINE LOT 5, THENCE SOUTH 89°43' 14" EAST 222 61 FEET ALONG A LINE PARALLEL TO THE SAID SOUTH LINE TO A POINT ON THE EAST LINE OF SAID LOT 5, THENCE SOUTH 00°26'36" EAST 213 25 FEET ALONG THE EAST LINE OF SAID LOT 5 TO A POINT ON A LINE PARALLEL WITH AND DISTANT 60 00 FEET NORTH OF THE CENTERLINE OF SAID REDLANDS BOULEYARD, THENCE NORTH 89°43' 14" WEST 222 59 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING. SAID DECRIPTION CONTAINS 1 09 ACRES, MORE OR LESS Page 2 of 2 DOC #2021-0385097 Page 9 of 11 NO 26'53"W i WEST LINE LOT 5 POC IBIF ,e`<.*cL SOUTHWEST COR N LOT 5 TPOB NO°26'53"W 18 75' S89 43'14'E 245 00' N PGA G� 43 1 ,► � -\\\ SCALE 1 "=100' 4 EAST LINE LOT 5 S89 43'14"E 384 98' N 0 162 37' N r) APN 0292-063-58 0 z 162 37' 222 61' APN 0292-063-59 222 59' N89°43'14"W 384 96 SOUTH LINE LOT 5 REDLANDS BLVD N N 0 DOC #2021-0385097 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 1 UNDERGROUND INFILTRATION BASIN - EAST 34 06333 117 21592 OWNER EVERY 6 MONTHS AND AFTER RAIN EVENTS, SEE MANUFACTURER O&M MANUAL 2 UNDERGROUND INFILTRATION BASIN - WEST 34 06328 117 21617 OWNER EVERY 6 MONTHS AND AFTER RAIN EVENTS, SEE MANUFACTURER O&M MANUAL 3 CATCH BASIN INSERT 34 06317 117 21656 OWNER QUARTERLY 4 CATCH BASIN INSERT 34 06317 117 21633 OWNER QUARTERLY 5 CATCH BASIN INSERT 34 06319 117 21586 OWNER QUARTERLY 6 CATCH BASIN INSERT 34 06347 117 21592 OWNER QUARTERLY 7 TC-30, VEGETATED SWALE 34 06317 117 21631 OWNER MONTHLY / SEASONALLY / AFTER RAIN EVENT 8 TC-30, VEGETATED SWALE 34 06319 117 21586 OWNER MONTHLY / SEASONALLY / AFTER RAIN EVENT 9 TC-30, VEGETATED SWALE 34 06358 117 21594 OWNER MONTHLY / SEASONALLY / AFTER RAIN EVENT DOC #2021-0385097 Page 11 of 11 1 ( SCALE 1"=60' _I 1 /o E 11 E J REDLA D BOUtEVA-RD 11 II II