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HomeMy WebLinkAboutStormwater - In N Out BurgerRECORDING REQUESTED BY: MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT CITY OF REDLANDS WHEN RECORDED RETURN TO: CITY CLERKS OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 0 Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2023-0237109 09/26/2023 10:12 AM SAN 14609 Titles: 1 Fees Taxes CA SB2 Fee Total Pages: 9 $0.00 $0.00 $0.00 $0.00 r r: ES NOT REQUIREDSTO WATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS PER GOVERNMENT CODE AND MAINTENANCE AGREEMENT SECTION 6NT Assessor's Parcel Number(s) APN 0169-341-09 and APN 0169-341-07 THIS AGREEMENT is made and entered into this 2.(j fday of 5r~'( lBER„ , 2023, by and between In-N-Out Burgers, a California Corporation ("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 In-N-Out Burger, 1301 W. Lugonia Avenue, Redlands, CA 92374 and filed as CUP #1170 (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 (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 P:\Land Projects 2009\Land Projects 2009\21054 - INO - REDLANDS\dwg\Stormwater\Stormwater Treatment -Maintenance Agreement Template.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 GOVERNMENT 0.+ S NOT REQUIRED TREATMENT DEVICE AND CONTROL MEASURE ACCESS PERr CODE AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) SECTION 6103 APN 0169-341-09 and APN 0169-341-07 THIS AGREEMENT is made and entered into this 2ljflfday of sEPtt44B0. , 2023, by and between In-N-Out Burgers, a California Corporation ("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 In-N-Out Burger, 1301 W. Lugonia Avenue, Redlands, CA 92374 and filed as CUP #1170 (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 (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 P:\Land Projects 2009\Land Projects 2009\21054 - INO - REDLANDS\dwg\Stormwater\Stormwater Treatment -Maintenance Agreement Template.docx 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 In-N-Out Burgers, a California Corporation 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. 0169-341-09 and 0169-341-07, 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 the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. P:\Land Projects 2009\Land Projects 2009\21054 - INO - REDLANDS\dwg\Stormwater\Stormwater Treatment -Maintenance Agreement Template.docx 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 In-N-Out Burgers, a California Corporation 13502 Hamburger Lane Baldwin Park, CA 91706 Attn: Real Estate Dept. 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 REDLANDS: J' NicE McCo JIJELL A 3 t 5wir cur), I,444-0k14 Attest: AX4R-/-42,)\I e Donaldson, City Clerk Mike Abbate Assistant Vice President — Real Estate In-N-Out Burgers, a California Corporation P:\Land Projects 2009\Land Projects 2009\21054 - INO - REDLANDS\dwg\Stormwater\Stormwater Treatment -Maintenance Agreement Template.docx CALIFORNIA ACKNOWLEDGEMENT 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 San Bernardino On Tuesday, September 26, 2023 before me, Jennifer Macias, Notary Public, personally appeared Janice Marie McConnell and Jeanne Donaldson, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, 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. WITNESS my hand and official seal. Signature (Seal) • o rotary Public JENNIFER MACIAS Notary Public - California San Bernardino County Commission # 2388813 My Comm. Expires Dec 31, 2025 Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. 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 Los Angeles On knl.IX,1( .t,2, '2O23 before me, Lori Brazzill, Notary Public 1 Here Insert Name and Title of the Officer personally appeared ,V U IC,ci A101 a.t - Date Name( of Signer( who proved to me on the basis of satisfactory evidence to be the person) whose name( is/are-- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hcr/thcirauthorized capacity(.esj; and that b his/hcr/tl ieirsignaturef4) on the instrument the persons}, or the entity upon behalf of which the person( acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LORI BRAllILL A„?> Notary Public - California L rs I Los Angeles County ems"► Commission Y 2347401 My Corrr. Expires F. 17. 2025 Place Notaty Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signat - of ;[.tp 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 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP NO. 3855, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40 OF PARCEL MAPS, PAGE 34, RECORDS OF SAID COUNTY. APN 0169-341-09 PARCEL B LEGAL DESCRIPTION THAT PORTION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL MAP OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED FEBRUARY 24, 1869, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A 3/4 INCH IRON PIPE WITH R.C.E. TAG 13537 MARKING THE INTERSECTION OF THE WEST LINE OF SAID EAST 1/2 WITH THE SOUTH LINE OF LUGONIA AVENUE, 60 FEET WIDE; THENCE ALONG SAID WEST LINE, SOUTH 0° 00' 38" EAST 316.70 FEET TO A 1 INCH IRON PIPE WITH R.C.E. TAG 11653; THENCE NORTH 16° 37' 39" EAST 329.85 FEET TO SAID SOUTH LINE OF LUGONIA AVENUE; THENCE ALONG SAID SOUTH LINE, NORTH 89° 36' 37" WEST 94.45 FEET TO THE POINT OF BEGINNING. APN 0169-341-07 P:\Land Projects 2009\Land Projects 2009\21054 - INO - REDLANDS\dwg\Stormwater\Stormwater Treatment - Maintenance Agreement Template.docx N t0 0 O N 01 O 0 EXHIBIT "B" utie NORTH LINE OF THE SW Y4 OF SEC. 21, T1S, R3W, SBM / g•COUNTY OF SAN BERNARDINO CITY OF REDLANDS 312.00' 44.00' tLUGONIA AVENUE 30.00, — N89'36'37"W 402.27' 14,00' 312.00' THE WEST LINE OF THE — EAST )¢ OF THE NE Y4 OF THE SW Y4 OF SEC 21, Ti S, R3W, SBM 'PARCEL A CITRUS PLAZA DRIVE (FRONTAGE ROAD) CALTRANS 2699.53' 103.39' L1 z O 0 0 w 0o N89°36'37"W 312.00' APN 169-341-08 LINE TABLE NO. BEARING DISTANCE Li N89°36'37"W 94.45' 'PARCEL B ' 0 //D 52, 70' 40 5.83' 80 GRAPHIC SCALE SCALE: 1 "=80' 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 34.06989 -117.20254 In-N-Out Burger Annual 2 3 4 5 6 7 8 9 10 P:\Land Projects 2009\Land Projects 2009\21054 - INO - REDLANDS\dwg\Stormwater\Stormwater Treatment - Maintenance Agreement Template.docx DXFe11 D - a`1P MAf N Z Z N 00 > rn I N a Z N Z re p I J OLI O 0 mW I- o r O z Z INOB PROPERTY LIMITS BMP #1 UNDERGROUND INFILTRATION CHAMBERS