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HomeMy WebLinkAboutContracts & Agreements_79-2022RECORDING REQUESTED BY MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT CITY OF REDLANDS WHEN RECORDED RETURN TO CITY CLERK'S OFFICE CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 05/18/2022 01 09 PM SAN 14311 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor -Recorder -County Clerk DOC# 2022-0184930 Titles 1 Pages. 9 Fees $0.00 Taxes $0 D0 CA SB2 Fee $0.00 Total $0.00 (THIS SPACE FOR RECORDER'S USE ONLY) STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS FEES NOT REQUIRED AND MAINTENANCE AGREEMENT PER GOVERNMENT CODE Assessor's Parcel Number(s) SECTION 6103 APN 0174-161-25 THIS AGREEMENT is made and entered into this l$TN day of MAY , 2022, by and between GS Redlands 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 descnbed 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 Orchards at Redlands and filed as Tract 20065 (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 an Infiltration Basin, Infiltration Trenches and Catch Basin Debris Guards (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 within property that is, or upon acceptance by City will be, public or City -owned property, and WHEREAS, the Devices being installed on private property and draining only pnvate property, if any, are private facilities with all maintenance or replacement therefor being the sole responsibility of the Owner, and 11T I lacaddatal_10000_1! 0162 Buoyc Highland Avenuc\k HYDRO103 WQMPIFWQMPIPC3_FINAL105 10162 Stormwater Treatment -Maintenance Agreement 2022.docx RECORDING REQUESTED BY MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT CITY OF REDLANDS WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 (THIS SPACE FOR RECORDER'S USE ONLY) STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS FEES NOT REQUIRED AND MAINTENANCE AGREEMENT PER GOVERNMENT CODE Assessor's Parcel Number(s) SECTION 6103 APN 0174-161 25 THIS AGREEMENT is made and entered into this day of 2022, by and between GS Redlands 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 Orchards at Redlands and filed as Tract 20065 (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 an Infiltration Basin, Infiltration Trenches and Catch Basin Debris Guards (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 within property that is, or upon acceptance by City will be, public or City -owned property and WHEREAS, the Devices being installed on private property and draining only private property if any are private facilities with all maintenance or replacement therefor being the sole responsibility of the Owner; and \\Tl\a addata\_I0000_\10162 Buoye Highland Av e\k_HYDRO\03 WQMP\FWQMP\PC3 FINAL \05 10162 Stormwatc Treatment -Ma llcnan Agre rent 2022.do 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 GS Redlands 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. 0174-161 25 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. 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 attomeys' fees, including fees for the use of in-house counsel by a Party \\TI\acaddata\_I 0000_\10162 Buoye Highland Avenue\k_HYDRO\03 WQMP\FWQMP\PC3_WNAL\0510162 Stonnwate Trcatme 1-Mai 1cnan Agreement 2022.de 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 (i) responsibility for the Devices is transferred to another entity approved by City or (tl) 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 GS Redlands LLC, a California Limited Liability Company 17901 Von Karman Ave , Suite 875 Irvine, CA 92614 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 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above CITY OF REDLANDS Charles M Duggan Jr ,` ?t' ager ATTEST 1)37_6(a, Donaldson, City Clerk OWNER GS Redlands LLC, a California Limited Liability Company Joonhyuck Park, Manager I\Tllacaddatal_10000_110162 Buoyc HEghland Avcnuclk_HYDRO103 WQMPIFWQMPIPC3_FINAL105 10162 Stormwatcr Treatment -Maintenance Agreement 2022.docx ❑ Corporate *fficer — Ti ❑ Partner — R Lim -d( ❑ Genera ❑ Individual ❑ Attorney in Fact CI Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 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 6GOrk lr2 K),7- I rat: ✓]D On 41i tOf �?i7� before me, V1 � 1 C M4(i1 Gl�, NbAZ01 pr 7116. J Date Here insert Name and Title tff the Officer personally appeared G1(161,v-It' 14 12a1,-1 Ir.1 jlaY1v1e poy7, 6,1,1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) }s'lare subscribed to the within instrument and acknowledged to me that Gee/ f1e/thy executed the same in Ns/Or/their authorized capacity(ies), and that by his/fir/their signature(slon the instrument the person(s), or the entity upon behalf of which the person(1acted, 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 1,1 >y JENNIFER MACIAS Notary Public California ''- ,- T San Bernardino County .v} /F Commission # 2388813 CZ�fd. My Comm Expires Dec 31. 2025 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL nature 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 YV 4t r T►- -e'A-F Dew cc Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies Claimed by Signer(s) Signer's Na e Signer's Name ❑ Corporate Officer — Title(s) 3 ❑ Pa ited ❑ General Individual ❑ rney 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 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 0 ran e: On L- Il 2-0 before me, J J Vasquez, Notary Public Date _ (� personally appeared 3 o O s7 rV c k {- ac 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 the person(s) whose narne(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 jJ VASQIy� EZ H COMM. #2339963 �i Notary Public -California g ORANGE COUNTY IL My Comm Expires Dec 11, 2024 Place Notary Seal Above WITNESS my hand and official seal Signature%y V(�J�Poi✓ f 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 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) El Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing ©2016 National Notary Association • www NatienalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION REAL PROPERY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY EMBRACED WITHIN BOUNDARY LINES OF BLOCK 35 OF ADDITION NO 1, TO SECOND PRELIMINARY MAP OF REDLANDS, 1N THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 5, PAGE 4 OF MAPS, RECORDS OF SAID COUNTY, AND THAT PORTION OF SUB LOT 10, OF LOTS 9 AND 10, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, ACCORDING TO MAP OF EAST REDLANDS, AS PER PLAT RECORDED IN BOOK 7, PAGE 47 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE NORTH 00°06'45" EAST, 50 02 FEET, THENCE NORTH 78°11'45" EAST 297 84 FEET, THENCE NORTH 29°14'15" EAST, 77 54 FEET, THENCE SOUTH 89°24'45" EAST, 156 86 FEET TO A POINT 10 FEET DISTANT FROM THE OUTER EDGE OF THE NORTH WALL OF THE CANAL OF REDLANDS WATER COMPANY, THENCE NORTH 58°34'15" EAST, PARALLEL WITH AND 10 FEET NORTH OF SAID NORTH CANAL WALL, 211 73 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 33°40'00" WEST 493.13 FEET TO THE SOUTHERLY LINE OF HIGHLAND AVENUE, 100 FEET WIDE AS SHOWN ON SAID MAP OF EAST REDLANDS, THENCE NORTH 56°20'00" EAST, 1012 82 FEET TO AN ANGLE POINT, THENCE NORTH 89°48'29" EAST 62 83 FEET TO THE CENTERLINE OF PROPOSED LINCOLN STREET; THENCE SOUTH 00°35'36" EAST, 544 99 FEET TO THE NORTHERLY LINE OF THE LAND CONVEYED TO GAIL GOWLAND BY DEED RECORDED MAY 28, 1948, IN BOOK 2237, PAGE 94 OF OFFICIAL RECORDS, THENCE ALONG SAID NORTHERLY LINE SOUTH 40°41'15" WEST, 84 81 FEET TO A POINT 10 FEET DISTANT FROM THE OUTER EDGE OF THE NORTH WALL OF SAID CANAL OF REDLANDS WATER COMPANY, THENCE SOUTH 70°08'45' WEST, PARALLEL WITH AND 10 FEET NORTH OF SAID NORTH WALL 213 91 FEET TO A TANGENT CURVE HAVING A RADIUS OF 315 00 FEET AND A CENTRAL ANGLE OF 19°34'30", THENCE ALONG SAID TANGENT CURVE, 107 62 FEET TO A TANGENT LINE HAVING A BEARING OF SOUTH 50°34'15" WEST, SAID TANGENT LINE BEING PARALLEL WITH AND 10 FEET NORTH OF SAID NORTH LINE OF SAID CANAL OF REDLANDS WATER COMPANY, THENCE SOUTH 50°34'15" WEST, 373 49 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 10 21 ACRES PREP R BY s, Z7L) MARK S WHITMER, L S 5535 DATE D11 2(12.7 EXHIBIT "B" sa. TR 7110 a M B 114/72-73 a PREPARED BY DATE SHEET 1 OF 1 2o2Z BLOCK 36 ADDITION NO 1 2ND PRELIMINARY MAP OF REDLANDS M B 5/4 TRUE POINT OF BEGINNING so / / z J I- O W U W Z [Y J 01 L1 r HIGHLAND AVENUE s> SUB LOT 10 MAP OF EAST REDLANDS M B 7/47 LINE DATA TABLE LINE BEARING LENGTH L1 N89 48'29"E 62 83' L2 S40 41 15'W 84 81' L3 S70 08 45'W 213 91' CURVE DATA TABLE C1 A=19°34'30" R=315 00 T=54 34' L=107 62' N SCALE 1' =200' Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 IB-1 Infiltration Basin 1 34.051756 117 152260 CFD Yearly 2 IT 1 Infiltration Trench 1 34.050491 117 154901 CFD Yearly 3 IT 2 Infiltration Trench 2 34.050739 117 154446 CFD Yearly 4 CB-1 Catch Basin Guard 1 34.050335 117 154505 CFD Yearly 5 CB-2 Catch Basin Guard 2 34.050396 117 154394 CFD Yearly 6 7 8 9 10 bi#3it-B-� Exh�b�fi 4 BMP Map — KENWOOD __�DRIVE