Loading...
HomeMy WebLinkAboutContracts & Agreements_174-2021RECORDING 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# 2021-0414252 09/10/2021 1249PM SAN F3010 SPACE ABOVE THIS LINE FOR RECORDER S USE Titles 1 Pages 11 Fees Taxes CA SB2 Fee Total $0 00 $0 00 $0 00 $0 00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-032-31-0000, 0292-032-36-0000, 0292-032-48-0000 THIS AGREEMENT is made and entered into this iV day of N. 04evnber, 20 al by and between Duke Realty Limited Partnership, an Indiana 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 Duke Mountain View and filed as Planned Development No 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 Infiltration Basin and Underground Chambers (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 H \2019\19-0144\Drainage\WQMP\Final\Appendix D -Operation & Maintenance\Stormwater Treatment - Maintenance Agreement Template docx DOC #2021-0414252 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 Duke Realty Limited Partnership, an Indiana 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 0292-032-31- 0000, 0292-032-36-0000, 0292-032-48-0000, 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 hen 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 H \2019\19-0144\Drainage\WQMP\Final\Appendix D -Operation & Maintenance\Stormwater Treatment - Maintenance Agreement Template docx DOC #2021-0414252 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 Christopher Burns Duke Realty Limited Partnership 200 Spectrum Center Drive, Suite 1600 Irvine, CA 91780 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 H \2019\19-0144\Drainage\WQMP\Final\Appendix D -Operation & Maintenance\Stormwater Treatment - Maintenance Agreement Template docx DOC #2021-0414252 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 , Cit Ma ger Attest Donaldson, City Clerk Christopher Burns, Executive Vice President Duke Realty Limited Partnership, an Indiana limited partnership City of Redlands H \2019\19-0144\Drainage\WQMP\Final\Appendix D -Operation & Maintenance\Stormwater Treatment - Maintenance Agreement Template docx DOC #2021-0414252 Page 5 of 11 CALIFORNIA 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 OC'CU t/ } On Malt' 104ak before me Date Here Insert Name and Title of the C icer 00c\\i-OVN v) 5 Name(s) of Signer(s) 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 TERI TANAKA Notary Public California = Orange County Commission # 2266055 My Comm Expires Nov i, 2022 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 Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited 0 General O Individual ❑ Attorney in Fact O Trustee O Other Signer is Representing 0 Guardian or Conservator Signer's Name O Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ Individual ❑ Trustee O Other ❑ General O Attorney in Fact O Guardian or Conservator Signer is Representing �^'.- r„ ',;..�;`<5;,;�r a?n., a as ti h}+.`Sz'.",.:.i`=.,. '`�•v-sxe.8i'.-''-ter �;2019 National Notary Association DOC #2021-0414252 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 Calif rnia Cou ty o a 0 Date personally appeared whq Iproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub abed 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 L R MCCASLAND Notary Public California 1 Riverside County Commission i 2319647 My Comm Expires Feb 19, 2024 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL ignature`t1f Notary Public 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 Title or Type of Document 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 ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2021-0414252 Page 7 of 11 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, BLOCK 7, ALL IN LA DREW SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS PER MAP IN BOOK 12 OF MAPS, PAGE 44, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND THAT PORTION OF LOT 4 IN BLOCK 73 OF THE RANCHO SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT, THENCE SOUTH 2460 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT, THENCE EAST 1325 5, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID LOT, THENCE NORTH ALONG THE EAST LINE OF SAID LOT TO THE SOUTHWESTERLY LINE OF THE SOUTHERN CALIFORNIA RAILROAD, THENCE NORTHWESTERLY ALONG SAID RAILROAD RIGHT OF WAY TO THE NORTH LINE OF SAID LOT, THENCE WEST ALONG THE NORTH LINE OF SAID LOT TO THE NORTHWEST CORNER OF SAID LOT, THE POINT OF BEGINNING ALSO EXCEPT THEREFROM THAT PORTION AS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY POLITIC AND CORPORATE, BY DEED RECORDED OCTOVER 7, 1959 IN BOOK 4949, PAGE 389 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS A PORTION OF LOT 4 OF BLOCK 7 OF LA DREW SUBDIVISION, AS PER MAP RECORDED IN BOOK 12 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, SAID PORTION DESCRIBED AS BEING ALL OF SAID LOT LYING, SOUTHWESTERLY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY S 50 FEET RIGHT OF WAY AND NORTHEASTERLY OF A LINE BEING 125 FEET SOUTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO, A PARALLEL TO THE CENTERLINE OF SAID RAILWAY COMPANY'S 50 FOOT RIGHT OF WAY ALSO EXCEPT THEREFROM THAT PORTION AS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY POLITIC AND CORPORATE, BY DEED RECORDED OCTOBER 7, 1959 IN BOOK 4949, PAGE 389, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS A PORTION OF LOT 4, BLOCK 73, RANCHO SAN BERNARDINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 OF MAPS PAGE 2 RECORDS OF SAID COUNTY, SAID PORTION DESCRIBED AS BEING ALL OF SAID LOT 4 LYING, SOUTHWESTERLY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 100 FOOT RIGHT OF WAY AND NORTHEASTERLY OF A LINE BEING 125 FEET SOUTHWESTERLY OF AND PARALLEL, MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF SAID RAILWAY COMPANY'S 100 FOOT RIGHT OF WAY ALSO EXCEPT THEREFROM THAT PORTION AS ACQUIRED BY THE STATE OF CALIFORNIA, BY ORDER OF CONDEMNATION, RECORDED JANUARY 22, 1962 IN BOOK 5634, PAGE 303, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS PAGE 1 OF 2 H \2019\19-0144\Drainage\WQMP\Final\Appendix D -Operation & Maintenance\Stormwater Treatment Maintenance Agreement Template docx DOC #2021-0414252 Page 8 of 11 EXHIBIT "A" BEGINNING ON THE EAST LINE OF MT VIEW AVENUE AS IT NOW EXISTS DISTANT ALONG SAID EAST LINE NORTH 0° 26' 55" WEST 1,033 82 FEET FROM THE INTERSECTION WITH THE NORTH LINE OF COLTON AVENUE AS IT NOW EXISTS THENCE NORTH 44° 33' 05" EAST 36 74 FEET, THENCE NORTH 86° 47' 56" EAST 398 57 FEET, THENCE NORTH 89° 16 37 EAST 1,549 22 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO SAN BERNARDINO FLOOD CONTROL DISTRICT BY DEED RECORDED OCTOBER 7 1959 IN BOOK 4949 PAGE 389 OFFICIAL RECORDS THENCE ALONG SAID SOUTHWESTERLY LINE ALONG A NON -TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 1,557 69 FEET FROM A TANGENT BEARING NORTH 56° 55 44 WEST, THROUGH AN ANGLE OF 6° 17' 37" A DISTANCE OF 171 10 FEET, THENCE NORTH 50° 38 7 WEST 368 75 FEET, THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 89° 45 05 WEST 1,178 89 FEET THENCE NORTH 88° 41' 26' WEST 348 25 FEET THENCE NORTH 45° 26' 55" WEST 36 74 FEET TO SAID EAST LINE OF MT VIEW AVENUE, DISTANT ALONG SAID EAST LINE NORTH 0° 26 55 WEST 441 78 FEET FROM THE POINT OF BEGINNING, THENCE ALONG SAID EAST LINE SOUTH 0° 26' 55 ' EAST 441 78 TO THE POINT OF BEGINNING ALSO EXCEPT THAT PORTION OF SAID LOT 4, BLOCK 73, AND LOT 4, BLOCK 7, LA DREW SUBDIVISION, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THAT PORTION OF LAND ACQUIRED BY THE STATE OF CALIFORNIA, BY ORDER OF CONDEMNATION, RECORDED JANUARY 22, 1962 IN BOOK 5634 PAGE 303 OFFICIAL RECORDS PAGE 2 OF 2 H \2019\19 0144\Drainage\WQMP\Final\Appendix D -Operation & Maintenance\Stormwater Treatment - Maintenance Agreement Template docx EXHiB(r 5 DOC #2021-0414252 Page 9 of 11 MOUNTAIN VIEW AVENUE COULSTON STREET cV Cr)CO 1 PROJECT BOUNDARY AREA=22 51 ACRES N45 26'50'W 36 74' N8,8 A4V?8"W N89 44'40,"W 348 25' / / Nai9, 44,49"W 909 86' 269 90' INTERSTATE HIGHWAY 10 ALIERT A WEBB A 3 3 0 C I A T E 3 ENGINEERING CONSULTANTS 3788 McCRAY STREET RIVERSIDE CA 92506 PH (951) 686-1070 FAX (951) 788-1256 wo 19-0173 SHEET 0f 1 SHEETS 0 0 cc 1- ri X 0 0 �0 x 0 (ri 0 z z 0 0 0 0 0 DOC #2021-0414252 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 Infiltration Basin 34 06892° 117 24153° Owner Per WQMP 2 Underground Chambers 34 06907° 117 24207° Owner Per WQMP 3 4 5 6 7 8 9 10 H \2019\19 0144\Drainage\WQMP\Final\Appendix D Operation & Maintenance\Stormwater Treatment Maintenance Agreement Template docx DOC #2021-0414252 Page 11 of 11 LEGEND INN DRAINAGE AREA BOUNDARY N E LID BMP S / W 1” = 200' LT j 200 0 200 % l INFILTRATION BASIN LAT N34 06892 LONG W117 24153 N 1848328 81 E 6791368 41 INFILTRATION CHAMBERS LAT N34 06907° LONG W1 17 24207° N 1848384 16 E 6791203 50 MOUNTAIN VIEW AVENUE ALBERT T A WEBB ASSOCIATES EXHIBIT D - BMP MAP H 2019 19-0144 Drainage WQMP Final Appends D —Opera ion & Mamt nonce E hibitD_BMPMop dwg 6 2b 2021 5 56 PM THIS EXHIBIT IS SOLELY AN AID IN LOCATING THE ONSITE BMP FACILITIES SCALE. 1 " = 200' SHEET 1 OF 1 WO 19-0144