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HomeMy WebLinkAboutContracts & Agreements_121-2023RECORDING 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 06/22/2023 10:35 AM SAN C5032 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2023-0153606 Titles: 1 Pages: 9 Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS FEES NOT REQUIRED AND MAINTENANCE AGREEMENT PER GOVERNMENT CODE Assessor's Parcel Number(s) SECTION 6103 APN: 0169-021-19 THIS AGREEMENT is made and entered into this seventh day of June, 2023, by and between Redlands Supportive Housing, L.P., 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 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 1215, 1219, 1223, 1227, and 1231 Texas Street and filed as CUP 1045 (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 catch basin inserts, an underground infiltration system, and a detention basin (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 C:\Users\aservetnick\Downloads\WQMP Maintenance Agreement — 23.06.06 AS.docx DOC #2023-0153606 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 Redlands Supportive Housing, L.P., a California 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. 0169-021-19, 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 attorneys' fees, including fees for the use of in-house counsel by a Party. C:\Users\aservetnick\Downloads\WQMP Maintenance Agreement -- 23.06.06 AS.docx DOC #2023-0153606 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 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 Dora Leong Gallo Redlands Supportive Housing, L.P. 3701 Wilshire Blvd, Suite 700 Los Angeles, CA 90010 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., City Manger Attest: e Donaldson, City Clerk OWNER: Redlands Supportive Housing, L.P., a California limited partnership By: Supportive Housing LLC, a California limited liability company Its: Managing General Partner By: A Community of Friends, a California nonprofit public benefit corporation Its: Sole member' meager By: Dora Leong fllallo President and Chief Executive Officer C:\Users\aservetnick\Downloads\WQMP Maintenance Agreement -- 23.06.06 AS.docx DOC #2023-0153606 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 County of v/Uvi Q?G✓YYrdt n0 On SAnev � 1r72 bate n , n before me, jev++4 �� r4.-Z 4.5 I�IC'iZtl (4 b i2 (iG Here Insert Name and Title of the Officer personally appeared CW4v'U , ‘'A• h Sr• anot ,9—Ann- DenALA t v1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(4s/are subscribed to the within instrument and acknowledged to me that 19e/chc/fl executed the same in his/her/their authorized capacity(), and that by hi&her/their signature(s) on the instrument the personas), or the entity upon behalf of which the person 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 Signature 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: 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: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2023-0153606 Page 5 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 County of arle.1.0 On /a3 Date personally appeared before me, ��� ,e0 %'AkirAzkiiAli%l L-ri 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 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. `"\ DINDE R. PATRICK Notary Public • California Los Angeles County Commission # 2391363 Y My Comm. Expires Jan 20, 2026 t Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Nota 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: ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DOC #2023-0153606 Page 6 of 9 EXHIBIT "A" LEGAL DESCRIPTION All that certain real property situated in the County of San Bernardino, State of California, described as follows: THE NORTH 1/2 OF LOTS 1 AND 2, SMITH TRACT, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 8, PAGE 86 OF MAPS, RECORDS OF SAID COUNTY. SAVING AND EXCEPTING THE WEST 198 FEET OF SAID LOT 2. ALSO SAVING AND EXCEPTING THE EAST 250 FEET OF THE SOUTH 185 FEET OF SAID NORTH 1/2 OF LOT 1. ALSO SAVING AND EXCEPTING THAT PORTION OF SAID LOT 1 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF LUGONIA AVENUE WEST 113.0 FEET THEREON FROM THE INTERSECTION OF SAID CENTER LINE OF LUGONIA AVENUE WITH THE CENTER LINE OF TEXAS STREET; THENCE SOUTH 0° 38' 38" EAST 164 FEET, PARALLEL WITH THE CENTER LINE OF TEXAS STREET; THENCE WEST 120 FEET; PARALLEL WITH THE CENTER LINE OF LUGONIA AVENUE; THENCE NORTH 164 FEET, PARALLEL WITH THE CENTER LINE OF TEXAS STREET TO A POINT IN SAID CENTER LINE OF LUGONIA STREET; THENCE EAST 120 FEET TO THE POINT OF BEGINNING EXCEPTING THAT PORTION LYING WITHIN LUGONIA STREET. Assessor's Parcel Number: 0169-021-19-0-000 C:\Users\aservetnick\Downloads\WQMP Maintenance Agreement -- 23.06.06 AS.docx DOC #2023-0153606 Page 7 of 9 EXHIBIT 'B' CL LUGONIA 0 0 r7 n 0 0 z PORTION OF THE NORTH 1/2 AND 2, SMITH TRACT, AS PER RECORDED IN BOOK 8, PAGE RECORDS OF COUNTY OF SAN APN: 0169-021-19 80.00' 0 0 OF LOTS 1 PLAT 86 OF MAPS, BERNARDINO. 0 0 Sri oo 250.00' cn x W H J 0 1" = 100' DOC #2023-0153606 Page 8 of 9 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # Stormwater BMP or Pollution Control Device Pollution Control Longitude Devices Maintenance Provided By Frequency Latitude 1 Catch Basin with Filter Insert 34.06955 -117.19250 Owner Before and After Rain 2 Catch Basin with Filter Insert 34.06935 -117.19250 Owner Before and After Rain 3 Catch Basin with Filter Insert 34.06930 -117.19250 Owner Before and After Rain 4 Catch Basin with Filter Insert 34.06869 -117.19250 Owner Before and After Rain 5 Catch Basin with Filter Insert 34.06869 -117.19220 Owner Before and After Rain 6 Underground Infiltration Chamber 34.06850 -117.19244 Owner Annual 7 Detention Basin 34.06991 -117.19259 Owner Quarterly 8 9 10 C:\Users\aservetnick\Downloads\WQMP Maintenance Agreement -- 23.06.06 AS.docx DOC #2023-0153606 Page 9 of 9 EXHIBIT 'D'