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HomeMy WebLinkAboutContracts & Agreements_168-2021RECORDING 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# 2021-0405222 09/07/2021 0252PM SAN 11113 SPACE ABOVE THIS LINE FOR RECORDER S USE Titles 1 Fees Taxes CA SB2 Fee Total Pages 11 $0 00 $0 00 $0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 0171-241-24 THIS AGREEMENT is made and entered into this 251k day of AtA6tASY , 2021, by and between Dynamic Redlands 3, LLC, a California Limited Liability Company & Pacific Whale, 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 "Brookside Apartments" , 317 Brookside Avenue and filed as Commission Approval No. 893 (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 Bio Swale (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 \\diskstation\AC6_server\Projects\Brookside Court\1 5 Consultants\1 52 Civil\WQMP\Stormwater Treatment - Maintenance Agreement Template 8-25-2021 docx DOC #2021-0405222 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 Dynamic Redlands 3, LLC, a California Limited Liability Company & Pacific Whale, 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 This Agreement affects County of San Bernardino Assessor's Parcel Nos APN 0171-241-24 4 , 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 \\diskstation\AC6_server\Projects\Brookside Court\1 5 Consultants\1 52 Civil\WQMP\Stormwater Treatment - Maintenance Agreement Template 8-25-2021 docx DOC #2021-0405222 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 Bryan Kang, Principal Dynamic Redlands 3, LLC, a California Limited Liability Company 9885 Novara Lane Cypress, CA 90630 AND James S Yi, MBR, TIC Partner Pacific Whale, LLC, a California Limited Liability Company 700 S Ardmore Ave # 503 Los Angeles, CA 90005 9 This Agreement shall be governed by and construed in accordance with the laws of the State of Cahfornia 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 \\diskstation\AC6_server\Projects\Brookside Court\1 5 Consultants\1 52 Civil\WQMP\Stormwater Treatment - Maintenance Agreement Template 8-25-2021 docx DOC #2021-0405222 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 , CManager Attest. Jeanne Donaldson, City Clerk OWNER. Dy is Redlands mited Liability Bryan Kang, Principal t'acific `Whale, LLC, a Calif() Liability Company James S Yi, MBR, TIC Partner , a California ny ited City of Redlands \\diskstation\AC6_server\Projects\Brookside Court\1 5 Consultants\1 52 Civil\WQMP\Stormwater Treatment - Maintenance Agreement Template 8-25-2021 docx DOC #2021-0405222 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 Sa-L IJer(lard tn.D On Se.pc-wIl(Xx-'� Z�Z Date _ personally appeared C'Y1_ WX 12S 1� befo re me } t ar\w. Reu. as, N o-1-o- '- PiAlo t c, Here Insert Name and Title of the Officer D LA.5 9a \ , J 12 and Ta. ine, 1)ona(e/So✓\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso (s whose namikare subscribed to the within instrurr gt and acknowledged to me that'he/s /they executed the same in h .{,/their authorized capacit ie , and that his�Ch/their signatur son the instrument the perso s or the entity upon behalf of which the person(sjjcted, executed the instrument DIANA RAINS COMM *2342435 Notary Public California g San Bernardino County • Comm res Jen. If, 2025 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 /< _ 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 Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Orin wa.-1-P4r Cie A I Jo 3 Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer - Title(s) ❑ Partner - ❑ Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing Signer's Name ❑ Corporate Officer - Title(s) ❑ Partner - ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other Signer is Representing ©2017 National Notary Association DOC #2021-0405222 Page 6 of 11 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 LOS ANGE I,E S On /kU(-AAN 25 i O2i before me, \-IZ2-A \ CAN ND 6ffiy"1 r thkiA L (insert name and title of the officer) personally appeared 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 Signature (Seal) KIZZY DAVON Notary Public California Los Angeles County Commission r 232t 184 My Comm Exai es Feo 11 2024 DOC #2021-0405222 Page 7 of 11 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 t On / c-,LA 'Lk before me, lLi ii 1 )/ -1o(. NCiry l,lC (insert name and title of the officer) personally appeared �Pctvq-S S 1 1 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 Signature (Seal) . KIZZY DAVON 41/i�,T?^:ei Notary Public California " Los Angeles County g c;.., Commission W 2321184 - y My Comm Excites Etc t t, 2024 DOC #2021-0405222 Page 8 of 11 Exhibit A Legal Description REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS LOTS 5 AND 6, TRACT NO 1994, PARKWOOD ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 29, PAGE 4, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY A P N 0171-241-24 \\diskstation\AC6_server\Projects\Brookside Court\ 1 5 Consultants\ 1 52 Crvi1\WQMP\Stormwater Treatment - Maintenance Agreement Template 8-25 2021 docx DOC #2021-0405222 Page 9 of 11 a z 0 •� T Exhibit B Map N56°20'00"E 10718'{107 00') ` SETYdAILANDTAG L.S 5535 IN SIDEWALK BY INTERSECTION OF THE SOUTHERNLY LINE OF LOTS 5 & 6AND THE RIGHT OF WAY OF PARKWOOD DRIVE (ESTABLISHED BYA BEST FIT LINE OF BACK OF SIDEWALK SHOTS TAKEN ON BOTH SIDES OF PARKWOOD DRIVE) (C.w) FD 13/4" IJP FLUSH TAGGED RE 1921, NO REFERENCE. S33130',p"E, 0.23 FROM RIGHT OF IVk4 USED FOR LINE FD CHISLED LINE ON BACK OF SIDOW4K USED FOR LINE LOT 5 LJ_J FD 1/2 IRON ROD PER TR 1994 DN 0.5 HELD FOR CORNER FD 3/4 JP FLUSH TAGGED RE 1921 NO REFERENCE N81°53 E 0.25 FROM CORNER N56'21 25 E 107 00' (107 00') FD 1/2 IRON ROD PER TR 1994 DN 05 HELD FOR CORNER ALLEY N33'30'49'W 140.23 \\diskstation\AC6_server\Projects\Brookside Court\1 5 Consultants\1 52 Civil\WQMP\Stormwater Treatment - Maintenance Agreement Template 8-25-2021 docx DOC #2021-0405222 Page 10 of 11 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Control Devices Maintenance Provided By Frequency Latitude Longitude 1 SC-11, Spill Prevention 34 05427 -117 18727 Owner Yearly 2 SC-60, Housekeeping Practice 34.05427 -117 18727 Owner/Tenant Daily & 6 Month 3 SC-73, Landscape Maintenance 34 05427 -117 18727 Owner Yearly 4 SC-74, Drainage System Maint 34 05427 -117 18727 Owner Monthly 5 SD-10, Site Landscape Planning 34 05427 -117 18727 Owner Weekly 6 SD-11, Roof Runoff Control 34 05427 -117 18727 Owner Yearly 7 SD-12, Efficient Irrigation 34 05427 -117 18727 Owner Monthly 8 TC-32, Planter Box 34 05427 -117 18727 Owner Monthly 9 TC-30 Bio Swale 34 05420 -117 18742 Owner Monthly 10 \\diskstation\AC6_server\Projects\Brookside Court\1 5 Consultants\1 52 Civil\WQMP\Stormwater Treatment Maintenance Agreement Template 8 25-2021 docx DOC #2021-0405222 Page 11 of 11 Exhibit D BMP Map 'r}N BA.sIDEVvALF SIDE Vvr">LK SC-74 "O O N56 20 00' E a-07-1-$' (107 00") TC-30 Nb6'1"3 1,0' 7 ,00 <a , 1 0 (.nI • O O 0 \\diskstation\AC6_server\Projects\Brookside Court\1 5 Consultants\1 52 Civil\WQMP\Stormwater Treatment - Maintenance Agreement Template 8 25 2021 docx