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HomeMy WebLinkAboutContracts & Agreements_99-2022RECORDING 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 0 Electronically Recorded in Official Records San Bernardino County Bob Dutton Assessor Recorder -County Clerk DOC# 2022-0210670 06/09/2022 Titles 1 Pages 9 04 06 PM SAN Fees Taxes 14311 CA SB2 Fee Total $0 00 $0 00 $0 00 $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 0292-154-11 THIS AGREEMENT is made and entered into this II 9 f h day of A4 y , 2022, by and between Yocom-Baldwin Development, LP, a California 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 Ownei 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 Park Amigos Industrial, 1941 Park Avenue and filed as CRA No 929 (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 underground infiltration chambers and catch basin trash racks (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 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 DOC #2022-0210670 Page 2 of 9 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 Yocom-Baldwin Development, LP, a California limited partnership agree as follows AGREEMEN1 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 1 he 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 Ownei 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 0292-154-11, 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 1 his 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 attorneys' fees, including fees for the use of in-house counsel by a Party DOC #2022-0210670 Page 3 of 9 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 ownei 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 of 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 Guy Yocom, Manager Yocom-Baldwin Development, LP, a City of Redlands California limited partnership P 0 Box 3005 3299 Horseless Carriage Lane, Suite H Redlands, CA 92373 Norco, CA 92860 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 wi itten above CITY OF REDLANDS OWNE Charles M Duggan Jr , City Mager Attest JeaDonaldson, City Clerk N447L Guy Yocoi Manager Yocom-Baldwin Development, LP, a California limited partnership 3299 Horseless Carriage Lane, Suite H Norco, CA 92860 DOC #2022-0210670 Page 4 of 9 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 I County of �jG1vt 'it'vIG{✓GLi,v1v On 14vle �, 2.022— before me, Date personally appeared ,vlvtrfram i1/4401,U4S N,>07y PAbIZ,' Here Insert Name and Title`-bf the Officer CWta,v Duttcon jr_ , atvi(.l vw, -Dovt*laOil 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 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 Bernardino County Commission # 2388813 My Comm Expires Dec 31, 2025 Place Notary Seal Above WITNESS my hand and official seal Signature ignature 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 AP' (4-12151--'I Title or Type of Document Avievlvaoti>i✓P, te 1101t4cv is Document Date ' VI! 2'22— Signer(s) Other Than`'Named Above Capacity(ies) Claimed by Signer(s) Signer's Name i ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑--neral ❑ Individual ❑ Attor -y in Fact ❑ Trustee ❑ G rdian or Conservator ❑ Other Signer Is Representing ► -e n'tev1— Number of Pages 1 Signer's Name ❑ Corporate Officeritle(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual /❑ Attorney in Fact El 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 #2022-0210670 Page 5 of 9 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 Califorr��rr� County of �CIf' On sfieit/s7i personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is/' subscribed to the within rostrum nt and acknowledged to me that he/sl/th 'i, executed the sa a in 7his/ham/th authorized capacity , and that by his/IYr/tlir signature(' on the instrument the person( , or the entity upon behai of which the person acted, executed the instrument } before me,/IG1 1/0{V1{ VC (insert name and title of the officer) 6),' /Vvw 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 Signature63 ?")3 (Seal) S Public California t Nolary Public C itivertide County f Commissions 22.M,, 6,� ety Carom Expires Jan t6, 2021 DOC #2022-0210670 Page 6 of 9 Exhibit A Legal Descript►on (APN• 0292-154-11) REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, DESCRIBED AS FOLLOWS• TENTATIVE PARCEL MAP NO 20419, BEING A DIVISION OF THE FOLLOWING THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF LOT OR BLOCK 5 OF BARTON RANCH, IN THE CITY or REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6, PAGE 19 OF MAPS, IN THE OFFICE OF THE COUNT Y RECORDER OF SAID COUNTY DOC #2022-0210670 Page 7 of 9 0 0 ro N N O 0 z PARK EXHIBIT B MAP N89 27'42'W 164 02' PARCEL 1 TT V 0 r 0 0 ro 0) 0 \0 164 02' ----A N89 30'03 W 328 66' e) AVENUE 328 54' 164.50' 20/19 PARCEL 2 164 31' SCALE 1"=60' 0) d- N 0 Z DOC #2022-0210670 Page 8 of 9 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 CHAMBERS 34 05912 -117 22047 OWNER EVERY 6 MONTHS AND AFTER RAIN EVENTS, SEE MANUFACTURER O&M MANUAL 2 CATCH BASIN TRASH RACK 34 05914 -117 22065 OWNER QUARTERLY AND AFTER RAIN EVENTS 3 CATCH BASIN TRASH RACK 34 05915 -117 22039 OWNER QUARTERLY AND AFTER RAIN 4 CATCH BASIN TRASH RACK 34 05897 -117 22025 OWNER QUARTERLY AND AFTER RAIN 5 CATCH BASIN TRASH RACK 34 059214 -117 22009 OWNER QUARTERLY AND AFTER RAIN DOC #2022-0210670 Page 9 of 9