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HomeMy WebLinkAboutContracts & Agreements_60-2022RECORDING 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# 2022-0144068 04/19/2022 08 00 AM SAN 14311 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) 0171-021-06 THIS AGREEMENT is made and entered into this 1r day of Aq1,;l, , 2004 by and between NYS, 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 ESRI Building N — 404 New York Street, Redlands, CA 92373 and filed as 2387-PG (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 Pervious Concrete Pavement, Bioretention Areas, and Underground Infiltration 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 Q \1188-0175 Post Office & Building N Site\Water-Quality\WQMP\Maintenance-Agreement\1188-0175- Stormwater Treatment -Maintenance Agreement docx DOC #2022-0144068 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 NYS 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 0171-021-06 , 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 Q \1188-0175 Post Office & Building N Site\Water-Quality\WQMP\Maintenance-Agreement\1188-0175- Stormwater Treatment -Maintenance Agreement docx DOC #2022-0144068 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 OWNER City Engineer Dave Atchley NYS, LLC, a California limited liability City of Redlands company P 0 Box 3005 380 New York Street Redlands, CA 92373 Redlands, CA 92373 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 Q \1188-0175 Post Office & Building N Site\Water-Quality\WQMP\Maintenance-Agreement\1188-0175- Stormwater Treatment -Maintenance Agreement docx DOC #2022-0144068 Page 4 of 11 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS OWN Charles M Duggan Jr , City Mager Attest e Donaldson, City Clerk Dave Atchley, Facilrta Manager NYS, LLC A California limited liability company City of Redlands Q \1188-0175 Post Office & Budding N Site\Water-Quality\WQMP\Maintenance-Agreement\1188-0175- Stormwater Treatment -Maintenance Agreement docx DOC #2022-0144068 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►'i rb6✓✓iG►'GiivIC) On p ri l l � 21b7 2 before me, 1✓►rCer Hatt t5, Ilo-IZtV2 Ri b ll G I Date Here Insert Name and Title`df the Officer personally appeared Do►-i&th0►-) ai'tc� �l�Wrle�j 1 Puna✓? ,jrName(s) of Signer(s) �•�J 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 JENNIFER MACIAS Notary Public California San 8emardino County /Commission # 2388813 My Comm Expires Dec 31, 2025 Place Notary Seal Above WITNESS my hand and official seal Signature _r-.`•cam nature of Notary 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 Title or Type of Document rw,wHkr'Cr xt-Device, AtC i1I,M4nk�.4c /�cr��vvt4 Document Date 1-k i tS f 2021- Number of ages 1- Signer(s) Other Than Named Above Capa es Claimed by Signer(s) Signer's Name Signer's - - e ❑ Corporate Officer — Title(s) ,i•orate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — I: i ited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ A •rney in Fact ❑ Trustee ❑ Guardian o •nservator ❑ Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Represents g Signer Is Representing ©2016 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2022-0144068 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 San Bernardino On 4/13/2022 before me, Veronica Burgess, Notary Public Date Here Insert Name and Title of the Officer personally appeared Dave Atchley Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscnbed 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 VERONICA BURGESS Notary Public California San Bernardino County I Commission # 2355846 My Comm Expires Apr 28, 2025 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS mizhild and o ' '-I seal Signatur The notary commission extended pursuant to Executive Order N 63 20 Place Notary Seal Above OPTIONAL Signature o Notary -..Iic Though this section is optional, completing this information can deter alteration o - - . ocument or fraudulent reattachment of this form to an unintended do Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than ed Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ - -neral ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ At ey in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee uardian or Conservator ❑ Trustee El Guardian or Conservator ❑ Other ❑ Other Signer Is - . resenting Signer Is Representing ent ❑ Corporate Officer — Title(s) ©2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2022-0144068 Page 7 of 11 WQMP EASEMENT EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA THAT PORTION OF BLOCK 29, BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 19 OF MAPS, AS DESCRIBED BY GRANT DEED RECORDED AS DOCUMENT NO 2020-0394694 OFFICIAL RECORDS OF SAID COUNTY, BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF NEW YORK STREET AND THE SOUTH LINE OF THE NORTH 1/2 OF SAID BLOCK 29, PRODUCED WESTERLY, THENCE NORTH 0°43' 15" WEST ALONG THE CENTERLINE OF SAID NEW YORK STREET, 320 00 FEET, THENCE NORTH 89° 54'32" EAST ALONG A LINE PARALLEL WITH THE AFORESAID SOUTH LINE OF THE NORTH 1/2 OF SAID BLOCK 29, A DISTANCE OF 616 00 FEET, THENCE SOUTH 0°43' 15" EAST PARALLEL WITH THE CENTERLINE OF SAID NEW YORK STREET, 320 00 FEET TO A POINT ON THE SOUTH LINE OF THE AFORESAID NORTH 1/2 OF BLOCK 29, THENCE SOUTH 89°54'32" WEST ALONG THE AFORESAID SOUTH LINE OF THE NORTH 1/2 OF BLOCK 29, 616 00 FEET TO THE POINT OF BEGINNING CONTAINING 4 53 ACRES MORE OR LESS ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF THIS LEGA DESCRIPTION WAS PREPARED BY ME OR UNDCTI •N LZ RICHARD S URLSNG P L S 84 DATE Page 1 of 1 DOC #2022-0144068 Page 8 of 11 EXHIBIT "B" SHEET 1 OF 1 NEW YORK APN 0171-021-09 PORTION OF BLOCK 29, BARTON RANCH M B 6/19 N89 54'32"E 616 00' N0 43'15"W 320 00 O 0 0 N GRANT DEED RECORDED r-) OCTOBER 14, 2020 AS w DOC NO 2020-0394694 0 R in S89'54'32'W 616 00' M O cn POINT OF BEGINNING LEGEND: SOUTH LINE OF THE NORTH 1/2 OF BLOCK 29 PARCEL 4 PARCEL MAP NO 18165 P M B 233/54-56 — INDICATES EASEMENT AREA (-- „,J 44,0_, R HARD S FURLONG, P L S 84 DATE APN 0171-171-29 SCALE 1" = 100' Engineering and Consulting DOC #2022-0144068 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 lA Bioretention Area (without underdrain) 34 05823 -117 19551 Property One, LLC Weekly 1 B Pervious Concrete Pavement 34 05789 -117 19519 Property One, LLC Prior to rainy season, 48 hours after rain events, Vacuum sweep twice/year minimum 2A Pervious Concrete Pavement 34 05818 -117 19454 Property One, LLC Prior to rainy season, 48 hours after ram events, Vacuum sweep twice/year minimum 2B Underground Chambers 34 05801 -117 19395 Property One, LLC Every six months 2C Pervious Concrete Pavement 34 05798 -117 19373 Property One, LLC Prior to rainy season, 48 hours after rain events, Vacuum sweep twice/year minimum 2D Pervious Concrete Pavement 34 05766 -117 19393 Property One, LLC Prior to rainy season, 48 hours after rain events, Vacuum sweep twice/year minimum Q \1188-0175 Post Office & Building N Site\Water-Quality\WQMP\Maintenance Agreement\1188-0175- Stormwater Treatment Maintenance Agreement.docx DOC #2022-0144068 Page 10 of 11 2E Pervious Concrete Pavement 34 05763 -117 19428 Property One, LLC Prior to rainy season, 48 hours after rain events, Vacuum sweep twice/year minimum Q \ 1188-0175 Post Office & Building N Stte\Water-Quality\WQMP\Maintenance-Agreement\1188-0175- Stormwater Treatment Maintenance Agreement.docx DOC #2022-0144068 Page 11 of 11 EXHIBIT D - BMP LOCATION MAP 0 0 NEW YORK STREET NEI GRAPHIC SCATF 75 0 37 5 75 750 75