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HomeMy WebLinkAboutContracts & Agreements_122-2023Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk RECORDING REQUESTED BY DOC# 2023-0153804 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 06/22/2023 Titles: 1 Pages: 9 11:10 AM SAN Fees $0.00 Taxes $0.00 T1585 CA SB2 Fee $0.00 Total $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 0298-051-07 THIS AGREEMENT is made and entered into this ZZlI day of J 144L , 202by and between GSI Redlands Owner, LLC, a Delaware 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 Go Store It Self Storage and filed as CUP 1 168 (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 Infiltration Basins and Catch Basin Drain Inserts (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 City of Redlands Agreement Version NOVEMBER 2013 DOC #2023-0153804 Page 2 of 9 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 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 the Owner agree as follows: AGREEMENT 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 No. 0298-051-07, 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 City of Redlands Agreement Version NOVEMBER 2013 DOC #2023-0153804 Page 3 of 9 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 (i) responsibility for the Devices is transferred to another entity approved by City or (ii) 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 GSI Redlands Owner, LLC 6805 Carnegie Blvd., Suite 120 Charlotte, NC 28211 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: OWNER 711212 Charles M. Duggan Jr., ny anager GSI Re c lands Owner, LLC, a Delaware limited liability company Joe F. Teague, Jr., Vice President ATTEST: Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 DOC #2023-0153804 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 ,o1✓1 f9(111 4100 On SVIC/ Z2-1 202/7 Date personally appeared C' GCS VA. D before me, 1-441c.i41,5 ,1\10-1-34r V�bli G Here Insert Name and Title) of the Officer ✓1„�i'. avtat AV WIG Pavla14.56)vi Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose nameis) 4/are subscribed to the within instrument and acknowledged to me that he/ego/they executed the same in his/her/their authorized capacitges), and that by his/her/their signature) on the instrument the person, or the entity upon behalf of which the persons) 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Cii Partner — C Limited :r General L Individual torney in Fact Trustee ❑ Guardian or Conservator Li Other: Signer -Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Li 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 #2023-0153804 Page 5 of 9 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG § § I, the undersigned Notary Public in and for the County and State aforesaid, do hereby certify that Joe F. Teague, Jr. personally came before me this day and acknowledged that he is the Vice President of GSI Redlands Owner, LLC and acknowledged the due execution of the foregoing instrument in writing by himself for GSI Redlands Owner, LLC, a Delaware limited liability company, for the purposes stated therein. WITNESS my hand and official seal or stamp this / 1 day of May, 2023 Notary Pubi Print Notary Name: My Commission Expires: 1 1 7 7 DOC #2023-0153804 Page 6 of 9 EXHIBIT "A" LEGAL DESCRIPTION LOTS 'A', 'B', 'C' AND 'D', TRACT NO. 7076, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 91 OF MAPS, PAGES 43 AND 44, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF NORTH ONE-HALF OF FLORENCE AVENUE ADJOINING ON THE SOUTH AND THOSE CERTAIN ALLEYWAYS, 20 FEET WIDE, LYING BETWEEN SAID LOTS 'A' THROUGH `D', AS VACATED BY THE BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY, BY RESOLUTION RECORDED JUNE 24, 1964 IN BOOK 6176, PAGE 690, OFFICIAL RECORDS OF SAID COUNTY AND THAT PORTION OF JASPER AVENUE VACATED BY RESOLUTION RECORDED JUNE 27, 1990 AS INSTRUMENT NO. 90-251131, AND THAT PORTION OF CHRYSOLITE AVENUE LYING BETWEEN LOTS 'B' AND 'C' PREVIOUSLY VACATED BY THE BOARD OF SUPERVISIORS, SAN BERNARDINO COUNTY, WHICH WOULD PASS BY OPERATION OF LAW WITH A CONVEYANCE OF SAID PROPERTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF NAPLES AVENUE AND JASPER AVENUE AS SHOWN ON SAID TRACT NO. 7076, SAID INTERSECTION ALSO BEING SHOWN ON RECORD OF SURVEY 07-376 RECORDED IN BOOK 135 OF RECORDS OF SURVEY, PAGE 20, RECORDS OF SAID COUNTY, THENCE SOUTHERLY ALONG SAID CENTERLINE OF JASPER AVENUE SOUTH 00°01'57" EAST, 425.15 FEET TO THE CENTERLINE INTERSECTION OF SAID VACATED FLORENCE AVENUE, THENCE WESTERLY ALONG SAID CENTERLINE OF SAID FLORENCE AVENUE SOUTH 89°57'23" WEST, 767.79 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF WABASH AVENUE; THENCE NORTHERLY ALONG THE CENTERLINE OF WABASH AVENUE NORTH 01°09'21" WEST, 425.70 FEET TO THE CENTERLINE INTERSECTION OF SAID NAPLES STREET; THENCE EASTERLY ALONG THE CENTERLINE OF SAID NAPLES AVENUE NORTH 89°59'28" EAST, 776.14 FEET TO THE POINT OF BEGINNING ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. AREA: 328,380.50 SF GROSS (7.54 AC GROSS) MARK S. WHITMER, L.S. NO. 5581 DOC #2023-0153804 Page 7 of 9 N895928"E -NO Oc OC EXHIBIT "B" PLAT OF PROPERTY N00°01'57"W 425.15' JASPER AVENUE F-- "5' •v 1—•••• It, a os1 • I. , • , • F - 0) (0 N N89.57.23"E PREPARED BY: MARK S. WHITMER, L.S. 5535 DATE. "4- N01°09 21"W 425.70' WABASH AVENUE L 03/z/ 2.07. SCALE: 1" = 100' DOC #2023-0153804 Page 8 of 9 Exhibit C Stormwater Pollution Control Devices BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Devices Maintenance Provided By Frequency Longitude 1 Infiltration Basin 'A' IB-A 34.068502 -117.138677 Owner Yearly 2 Infiltration Basin 'B" IB-B 34.068516 -117.138650 Owner Yearly 3 Catch Basin Insert CB-1 34.068692 -117.136522 Owner Yearly 4 Catch Basin Insert CB-2 34.067810 -117.136553 Owner Yearly 5 Catch Basin insert CB-3 34.068822 -117.137935 Owner Yearly 6 7 8 9 10 DOC #2023-0153804 Page 9 of 9 Exhibit D BMP Map CB W W 0 z CHRYSOLITE AVENUE CB-3 1 JASPER AVENUE GCB-2 1.1 I LI-1_I_14 mn IB-A IB-B WA3ASH AVENUE