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HomeMy WebLinkAboutContracts & Agreements_211-2023RECORDING REQUESTED BY 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 11/09/2023 08:00 AM SAN 14311 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2023-0277891 Titles: 1 Pages: 10 Fees Taxes CA SB2 Fee Total SPACE ABOVE THIS LINE FOR RECORDER'S USE $0.00 $0.00 $0.00 $0.00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-156-22 THIS AGREEMENT is made and entered into this 29th day of September , 2023, by and between Chase Partners, LTD, a Nevada 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 475 Iowa Street and filed as CRA No. 946 (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 basins, area drains, trench drains, inlet filters, underground infiltration chambers and an infiltration 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 City of Redlands P:\JOBS\0882102\ADMIN\REPORTS\WQMP\0882102 MAINTENANCE AGREEMENT.docx DOC #2023-0277891 Page 2 of 10 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 Chase Partners, LTD, a Nevada 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. 0292-156-22, 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. City of Redlands P:\JOBS\0882102\ADMIN\REPORTS\WQMP\0882102 MAINTENANCE AGREEMENT.docx DOC #2023-0277891 Page 3 of 10 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 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 David A. Parker, President Chase Partners, LTD 6444 San Fernando Road, #3944 Glendale, CA 91211 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. City of Redlands P:\JOBS\0882102WDMIN\REPORTS\WQMP\0882102 MAINTENANCE AGREEMENT.docx DOC #2023-0277891 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: A.4,1,4_,T.1Q Charles M. Duggan Jr., ty I anager Attest: Donaldson, City Clerk OWNER: David A. Parker, President Chase Partners, LTD a Nevada corporation Replace this page with a fully executed Notary Acknowledgment page. City of Redlands P:\JOBS\0882102\ADMIN\REPORTS\WQMP\0882102 MAINTENANCE AGREEMENT.docx DOC #2023-0277891 Page 5 of 10 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 Wednesday, November 8, 2023 before me, Jennifer Macias, Notary Public, personally appeared Charles M. Duggan, Jr. 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 re of Notary Public JENNIFER MACIAS Notary public - California San Bernardino County Commission # 2388813 My Comm. Expires Dec 31, 2C25 (Seal) Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2023-0277891 Page 6 of 10 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 California County of Los Angeles On September 29, 2023 before me, Dawn M. Ellis, Notary Public (insert name and title of the officer) personally appeared David A. Parker who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ -I e#t#tey executed the same in his/+100th* i< authorized capacity(ies), and that by his/ '#heip signature(s) on the instrument the person(, 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. WITNESS my hand and official seal. (Seal) DAWN M. ELLIS Notary Public - California Los Angeles County s: Commission x 2387369 i My Comm. Expires Dec 18, 2025 DOC #2023-0277891 Page 7 of 10 Exhibit A Legal Description That portion of Parcel 2, Parcel Map No. 8449, recorded in Book 134 of Parcel Maps, Page 19, in the County of San Bernardino, State of California, described as follows: THAT PORTION OF PARCEL 2, PARCEL MAP NO. 8449, RECORDED IN BOOK 134 OF PARCEL MAPS, PAGE 19, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 89° 58' 26", WEST 195.48 FEET; THENCE NORTH 0° 55' 37" WEST PARALLEL TO THE CENTERLINE OF IOWA STREET AS SHOWN ON SAID MAP 299.09 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY LINE SOUTH 89° 55' 37" EAST 175.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 00' 00" AN ARC DISTANCE OF 31.07 FEET TO A TANGENT LINE; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTH 0° 55' 37" EAST 279.28 FEET TO THE POINT OF BEGINNING. THE LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A CERTIFICATE OF COMPLIANCE, RECORDED APRIL 19, 1989 AS INSTRUMENT NO. 139652 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NUMBER: 0292-156-22 P:\JOBS\0882102\ADMIN\REPORTS\WQMP\0882102 MAINTENANCE AGREEMENT.docx DOC #2023-0277891 Page 8 of 10 REDLANDS BLVD PARK EASEMENT LOCATION AVE 1- u) NEVADA ST IOWA ST IIALABAMA CITRUS AVE VICINITY MAP NOT TO SCALE EXHIBIT "B" MAP PARK AVENUE —1 LLl CL CD CD CL 0 N N00'55'37"W N89'55'37"E 175.83' p A. ND, 34449 J 19 N89'58'26"W r1\9C5.48' N0055'37"W W 3 H 0 SCALE: 1 "=50' VALUED NGENEERLNC, lNc CIVIL ENGINEERING • LAND SURVEYING • LAND PLANNING 600 N. MOUNTAIN AVE, STE C102, UPLAND, CA 91786 PHONE: (909) 982-4601 EXHIBIT "B" MAP DOC #2023-0277891 Page 9 of 10 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 34.05847 -117.21371 Property Owner Bi-annually and after> 0.5" storm event 2 Infiltration Basin 34.05917 -117.21383 Property Owner Bi-annually and after> 0.5" storm event 3 Drop Inlet Filter 34.05838 34.05846 34.05917 34.05878 34.05861 -117.21348 -117.21376 -117.21381 -117.21329 -117.21329 Property Owner Weekly and after > 0.5" storm event 4 Catch Basin Inlet Filters 34.05867 34.05848 34.05846 -117.21375 -117.21348 -117.21376 Property Owner Weekly and after > 0.5" storm event 5 Trench Drain 34.05868 -117.21361 Property Owner Weekly and after > 0.5- storm event 6 Trash Enclosure 34.05840 -117.21355 Property Owner Bi-annually and after> 0.5" storm event 7 Under Sidewalk Drain 34.05921 -117.21386 Property Owner Bi-annually and after> 0.5" storm event P:\JOBS\0882102\ADMIN\REPORTS\WQMP\0882102 MAINTENANCE AGREEMENT.docx DOC #2023-0277891 Page 10 of 10 Exhibit D BMP Map IL- • • - • • • - • • - • • - • • - • • -• • - • • - - • • - • • - • • - • PARIcAVINJE •-• •- • •-• - • - -• --•-•-- /PN 0292-156-21 • • -tZt,14 PARKING LOT SWEEPING COvERED LOADING COCK :SCALE 1". 1:1 11 ROOFDRAIN DOWNSPOUT APN 0292-156-22 PA GRA PHI,: 5 f ALE .ITN 0292-156-20 RIVE ELEC TANS WATER • METERS PARKING DOT WEEPING • GROW WQMP AREA 56,370 FT2 DEMO AREA iMPERviauS AREA = PERVIOUS AREA = PROPOSED AREA IMPERVIOUS AREA PERVIOUS AREA = D FT2 58,3 70 F12 45,955 F12 12,405 FT2 P:\JOBS\0882102\ADMIN\REPORTS\WQMP\0882102 MAINTENANCE AGREEMENT.docx