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HomeMy WebLinkAboutContracts & Agreements_80-2022RECORDING 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 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk DOC# 2022-0184960 05/18/2022 0118PM SAN T1585 SPACE ABOVE THIS LINE FOR RECORDER S USE Titles 1 Pages 10 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) 0292-154-02,0292-154-03 and 0292-154-04 THIS AGREEMENT is made and entered into this ''-ti day of hay , 2022, by and between Nevada Street Holdings, 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 The Orchard On Nevada and located at 10756 Nevada Street, Redlands CA 92373 and filed as CRA 928 (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 one (1) underground infiltration CMP system and three (3) catch basin 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 City of Redlands 0 \3800-3899\3865\WQMP\2021-12-03 FWQMP 1st Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D - Maintenance Agreement docx DOC #2022-0184960 Page 2 of 10 WHEREAS, the Devices being installed on pnvate 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 Nevada Street Holdings, LLC, a Cahforma hmited liability company agree as follows AGREEMENT 1 The Owner hereby provides the City and its designees with full nght 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 appropnate 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 0292-154-02, 0292-154-03 and 0292-154-04, 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 O \3800-3899\3865\WQMP\2021-12-03 FWQMP 1st Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D - Maintenance Agreement docx DOC #2022-0184960 Page 3 of 10 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 John Steinmann Nevada Street Holdings, LLC, a California limited liability company PO Box 11608 San Bernardino, CA 92423 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 wrrtmg and approved by the City Council of City and signed by the City and the Owner City of Redlands O \3800-3899\3865\WQMP\2021-12-03 FWQMP 1st Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D - Maintenance Agreement docx DOC #2022-0184960 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first wntten above CITY OF REDLANDS dif,,i_p(A2 Charles M Duggan Jr , City Manager Attest nne Donaldson, City Clerk Nevad eet Holdings, LLC, a C 16��L� limited liability company ohn Steinmann, Managing Member Nevada Street Holdings, LLC, a Cahforma limited liability company City of Redlands O \3800-3899\3865\WQMP\2021-12-03 FWQMP 1st Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D - Maintenance Agreement docx DOC #2022-0184960 Page 5 of 10 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 0504tr13,4 4.00004titaiitiit40M40604G41: Wt0041404t4t4d40kl:` 4WOi407giKtgiAlfrt3iila7t0SQ,': 40s i-ws"s>ioktStiyk kitM-ttc.$Mt f; i00i204.1W}fE3t:sk:fQ,3 Cit*4:! M),,,,It. 24 A notary public or other office! 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 May 9th, 2022 Date personally appeared John Steinmann } before me Daniet_NabiRazzouk, Notary Public Here Insert Name and Title of the Officer Nome(s) of Signer(s) 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 DANIEL NABIL RAllOUK Notary Public California San Bernardino County Commission It 2273885 My Comm Expires Jan 1, 2023 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 Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this forrn 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 Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer - Title(s) ❑ Partner — ❑ Limited ❑ General D Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other ❑ Other Signer is Representing Signer is Representing OW)..104 _0"*: fItikti#4:t00ihs4ftf 20i0 )i4Mfit441;0)40ti4tii',i43E,yitifi'Fitfti 2L S #B WSC7£:ti*ti, S4J e t#Scei4Oftli',4'. a .fatt tPthit4S{gti-z4 tK'rfi SW ."?2017 National Notary Association DOC #2022-0184960 Page 6 of 10 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 GjGt h QZVVIr4i ✓10 ) On Iv in Vat ZOZZ ► before me, ��✓�i -�✓ a("i R,S, N ltO(i G Date Here Insert Name and Titth of the Officer personally appeared (it/WA-6 k • VU Oil ,,Tir G1 ✓‘al a 'W ID,,,v16, lot 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 subscribed to the within instrument and acknowledged to me that Iae9SP(e/they executed the same in b s/Mer/their authorized capacity(ies), and that by his/her/their signature( sj on the instrument the person(s), or the entity upon behalf of which the person(sj 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 Bernardino County Commission # 2388813 My Comm Expires Dec 31, 2025 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL ►gnature of 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 417:0/W1 �t rit�U' T✓ ' t" 17 is /4-ccec6AciA;v nu'w `e'"�" Document Date a , 2LL 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 Number of Pages 4' Signer's Name ❑ Corporate Officer — Title(s) E Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2016 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2022-0184960 Page 7 of 10 EXHIBIT "A" (LEGAL DESCRIPTION) SHEET 1 OF 1 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND /S DESCRIBED AS FOLLOWS PARCEL NO 1 THE SOUTH ONE—HALF OF THE NORTHEAST ONE —QUARTER OF BLOCK 5, BARTON RANCH, IN THE COUNTY OF SAN BERNARDINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY EXCEPTING THEREFROM THE SOUTH 4 ACRES THEREOF AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTER LINE OF ADJOINING STREETS AND ROADS EXCEPTING THEREFROM THE EAST 152 FEET MEASURED TO THE CENTER LINE OF NEVADA AVENUE PARCEL NO. 2. THE SOUTH 4 ACRES OF THE SOUTH ONE—HALF OF THE NORTHEAST ONE —QUARTER OF BLOCK 5, OF BARTON RANCH, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY AREAS AND DISTANCES ARE COMPUTED TO THE ADJOINING STREETS AND ROADS PARCEL NO. 3. THE EAST 152 FEET MEASURED TO THE CENTER LINE OF NEVADA STREET OF THE FOLLOWING DESCRIBED PROPERTY THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF BLOCK 5 OF BARTON RANCH, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTH 4 ACRES O Thienes Engineening, Inc. CIVIL ENGINEERING • LAND SURVEYING g14349 FIRESTONE BOULEVARD QLA M/RADA, CALIFORNIA 9063E PH.(714)521-4811 FAX(714)521-4173 Last Update 1/4/22 0 \3800-3899\3865\EXHIBITS\3865_EXHIBIT A & B.dwg DOC #2022-0184960 Page 8 of 10 SCALE 1" = 100' EXHIBIT "B" (MAP/ILLUSTRATION) WEST UNE OF THE NORTHEAST QUARTER OF BLOCK 5, MAP OF THE BARTON RANCH, M B 6/19 STREET TREET J Uco <0 0- Z J W WEST UNE OF THE NORTHEAST QUARTER OF BLOCK 5, MAP OF THE BARTON RANCH M B 6/19 Thienes Engineering, Inc. CML ENGINEERING • LAND SURVEYING 14349 FIRESTONE BOULEVARD LA MIRADA, C:ALIFORN/A 9063E PN.(714)521-4811 FAX(714)521-4173 SHEET 1 OF 1 Last Update 5/6/22 0 \3800-3899\3865\EXHIBITS\3865_EXHIBIT A & B.dwg DOC #2022-0184960 Page 9 of 10 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 CMP 34 05765 -117 21839 Owner Semi- annually (October 1st and February 1st) and 48 hours after rain 2 Dram Insert 34 057503 -117 21839 Owner Semi- annually (October 1 St and February 1st) 3 Dram Insert 34 057521 -117 21954 Owner Semi- annually (October 1st and February 1 st) 4 Dram Insert 34 058395 -117 21954 Owner Semi- annually (October 1st and February 1st) O \3800 3899\3865\WQMP\2022-03 XX FWQMP 2nd Submittal\Attachments\Attachment D - Maintenance Agreement\Attachment D Maintenance Agreement.docx Page 1 of 1 DOC #2022-0184960 Page 10 of 10 EXHIBIT "D" (BMP SITE MAP) hen!1J2Wen1 Engineering, Inc. CML ENGI R/NG • LAND SURVE1ING 14349 FiReSTONE BOULEVARD LA MIRADA, CALIFORN14 90638 PH.(714)521-1811 FAX(714)521-4173 Last Update 5/5/22 0 \3800-3899\3865\EXHIBITS\3865 EXHIBIT