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HomeMy WebLinkAboutContracts & Agreements_154-2023RECORDING 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 0 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2023-0213410 08/30/2023 Titles: 1 Pages: 9 01:24 PM SAN 14311 Fees Taxes 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 SECTION 6103 Assessor's Parcel Number(s) 0292-152-21 THIS AGREEMENT is made and entered into this day of v , 2023, by and between NJPP, LLC, a California limited liability company ("Owner"), and th 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 10796 New Jersey Street and filed as CRA No. 943 (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 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 NJPP, 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. 0292-152-21, 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. 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 6 Jo Z abed 01.17EI.ZO-EZOZ# OOa 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 OWNER City Engineer John H. Gilner, Manager NJPP, LLC, a California limited liability City of Redlands company P.O. Box 3005 P.O. Box 310959 Redlands, CA 92373 Fontana, CA 92331 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.` pity N nager Attest: Donaldson, City Clerk John lner, anager NJPP, , a California limited liability comp P.O. Box 310959 Fontana, CA 92331 6 Jog abed Ol-bEI-ZO-EOZ# 000 CALIFORNIA 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 GN On eenesortivio Date personally appeared before ()narks M me, } Sim for ktci 6t , Nvf ArK Here Insert Name and Title the Officer h fir. , a t4 ,TeArwtL- Dd ij5(F Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person), whose name )4e/are subscribed to the within instrument and acknowledged to me that tref frto/they executed the same in ltisfher/their authorized capacity(), and that by h+e&Her/their signature on the instrument the person(s), or the entity upon behalf of which the person(•acted, executed the instrument. JENNIFER MACIAS Notary Public - California San Bernardino County Commission # 2388813 My Comm. Expires Dec 31, 2025 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 OPTIONAL • ature of Notary Public 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: fiber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s ❑ Partner — 0 Limite General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Guardian or Conservator ❑ Trustee ❑ Other: Signer is Representing: ©2019 National Notary Association 6 Jo b 06ed O1.17EI.ZO-EZOZ# OOa CALIFORNIA 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 SCAs'\ BOO( ko01/4_1 On ! \v9• � �t ►�� before 1 Date 1 me, S [ OJ'ti-k 01. 1nk>-t vt �11v1h1` Here Insert Name and Title of theOfficer personally appeared N'W\ \'i/1JIX NameX of Signir(s) who proved to me on the basis of satisfactory evidenc to be the,person4 whose name(s)Q/ay4 subscribed to the within instrume t and acknowledged to me that he sie/thy executed the same i hl /1-kr/thAir authorized capacity(i ), and that by is I r/tyf'eir signature%) on the instrument the person ), or the entity upon behalf of which the person( acted, executed the instrument. z tj oII SAMANTHA KAKOL Notary Public • California L Santa Barbara County g Commission # 2364713 My Comm. Expires Jul 27_2025 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 OPTIONAL Signature of Notary Public 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: NKYINVivaitx fife (k ck C wf\"M3\ Y'& Signer(s) Other Than Named Above: Mb.h-C Document Date: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Guardian or Conservator ❑ Trustee ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: 610 9 e6ed Ol-bEI-ZO-EOZ# 00G ISUrk 0. cc. c. aid pnownAcrvaii �SS�\ pv'rlCf Old12-►'")- ©2019 National Notary Association EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED REDLANDS IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHERLY 2 ACRES OF THE NORTHEAST'/ OF BLOCK 3, BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6, PAGE 19 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. NOTE: THE AREA AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY CORPORATE AND POLITIC, BY DEED RECORDED JANUARY 5, 1962, IN BOOK 5625, PAGE 92, OF OFFICIAL RECORDS, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE MARKING THE CENTER OF SAID BLOCK 3; THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST'/4 OF BLOCK 3, SOUTH 89° 34' 01" EAST (RECORD EAST), 115.30 FEET; THENCE NORTHWESTERLY, 12.20 FEET ALONG A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1250 FEET AND A CENTRAL ANGLE OF 00° 33' 33", THE BEGINNING TANGENT THEREOF BEARING NORTH 42° 07' 33" WEST; THENCE NORTH 41° 34' 00" WEST, 16.69 FEET; THENCE NORTHWESTERLY 141.78 FEET ALONG A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1145 FEET AND A CENTRAL ANGLE OF 07° 05' 40", TO A POINT IN THE NORTH LINE OF THE SAID SOUTHERLY 2 ACRES OF THE NORTHEAST 1/4 OF BLOCK 3; THENCE ALONG SAID NORTH LINE NORTH 89° 34' 01" WEST, 9.44 FEET TO A POINT IN THE WEST LINE OF THE SAID NORTHEAST'/4 OF BLOCK 3, SAID POINT BEING NORTH 00° 16' 21" WEST (RECORDED NORTH), 132.40 FEET ALONG SAID WEST LINE FROM THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE SOUTH 00° 16' 21" EAST (RECORDED SOUTH), 132.40 FEET TO THE POINT OF BEGINNING. APN: 0292-152-21 610 9 abed 01-1701-ZO-9ZOZ# 0Oa SOUTH LINE OF THE N 1/2 BLOCK 3 EXHIBIT B MAP N 41 °34'00"W 16.69' R=1250.00' L=12.20' in to Ln in SCALE: 1"=80' NORTH LINE OF THE f SOUTH 2 ACRES OF THE NE 1/4 OF BLOCK 3 in N00°30'W _ M f NEW JERSEY STREET in N) 6 Jo L abed Ol-bEI-ZO-EOZ# 000 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # Stormwater Pollution Latitude Longitude Control Devices Maintenance Provided By Frequency BMP or Pollution Control Device 1 UNDERGROUND INFILTRATION CHAMBERS 34.05774 -117.22365 OWNER EVERY 6 MONTHS AND AFTER RAIN EVENTS, SEE MANUFACTURER O&M MANUAL 2 CATCH BASIN TRASH RACK 34.05784 -117.22373 OWNER QUARTERLY AND AFTER RAIN EVENTS 3 CATCH BASIN TRASH RACK 34.05786 -117.22200 OWNER QUARTERLY AND AFTER RAIN 4 CATCH BASIN TRASH RACK 34.05774 -117.22319 OWNER QUARTERLY AND AFTER RAIN 6 Jo g abed Ol-bEI-ZO-EOZ# 000 EXHIBIT D BMP LOCATIONS 0 J. 5 NEW JERSEY STREET SCALE: 1"=80' 6 Jo 6 abed 0 1-17E IZO-EOZ,# 000