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HomeMy WebLinkAboutContracts & Agreements_212-2023RECORDING 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 11/09/2023 01:42 PM SAN F3010 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2023-0278614 Titles: 1 Pages: 9 Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 (THIS SPACE IS FOR RECORDER'S USE ONLY) STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS FEES NOT REQUIRED AND MAINTENANCE AGREEMENT PER GOVERNMENT CODE Assessor's Parcel Number(s) SECTION 6103 10292-158-16 THIS AGREEMENT is made and entered into this'. lday of LJ 1V Pit( I, 2023, by and between LBA LVF VII COMPANY XXXI, LLC, a Delaware limited liability company 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 LBA Warehouse, 350 Iowa Street and filed as CRA 938, CUP 1187 (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 the StormTech SC740 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 M:\2021\21-996 LBA Redlands Iowa St\WQMP\Maintenance Agreement\Stormwater Treatment -Maintenance Agreement Template 6-23.docx DOC #2023-0278614 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 LBA LVF VII COMPANY XXXI, LLC, a Delaware limited liability company agrees 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.0292-158-16 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. M:\2021\21-996 LBA Redlands Iowa St\WQMP\Maintenance Agreement\Stormwater Treatment -Maintenance Agreement Template 6-23.docx DOC #2023-0278614 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 OWNER City Engineer Perry Schonfeld City of Redlands LBA LVF VII COMPANY XXXI, LLC P.O. Box 3005 3347 Michelson Drive Redlands, CA 92373 Irvine, CA 92612 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: e Charles M. Duggan Jr., ity Manager Attest: e Donaldson, City Clerk Schonfeld, Vice President BA LVF VII Company XXXI, LLC, Delaware limited liability company M:\2021\21-996 LBA Redlands Iowa St\WQMP\Maintenance Agreement\Stormwater Treatment -Maintenance Agreement Template 6-23.docx DOC #2023-0278614 Page 4 of 9 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 of Notary Public JENNIFER MACIAS Notary Public - California San Bernardino County Commission # 2388813 My Comm. Expires Dec 31, 2025 (Seal) Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2023-0278614 Page 5 of 9 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 i'CIA C:1 } O.n LC 9b2.7 o,—),aoa3 before me, .1 • Imo-2CQIN11U (vo{Arl,N PL4.61',C Date Here Insert Name and Title ofkthe Officer personally appeared Perr Sc4 ad N�e(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. D. PECENKA Notary Public • California Orange County Commission I/ 2440887 My Comm. Expires Apr 5, 2027 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 J 1 • --0.S.e_LI. 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: 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 — 0 Limited 0 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 ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association DOC #2023-0278614 Page 6 of 9 EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING PARCEL B OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 564, RECORDED APRIL 10, 2012 AS INSTRUMENT NO. 2012-0135955, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALL AS SHOWN ON EXHIBIT "Be ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIP710N WAS PREPARED BY ME OR UNDER MY DIRECAON IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. JAKE W. LAPPERT PLS 9303 SHEET 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION CITY OF REDLANDS, CALIFORNIA Engineering, Inc. Civil Engineering/Land Surveying/Land Planning 160 S. Old Springs Rood Suite 210 Anaheim Hills, CA 92808 (114) 685-6860 DOC #2023-0278614 Page 7 of 9 E ao Exhibit \21-996exh 101. dwg; Aug 24, 2023 21-996 LBA Redlands EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCR/P71ON FOR EXHIBIT "A" stn QUITCLAIM DEED PARK AVENUE REC. 08/27/2015 DOC. NO. 2015-0368421, O.R. 40' — co 33' -- II- - -j, Z 7' 2� `-p 2 Q a' c'1 PARCEL A �wZ0Z IOWA STREET PARCEL B LOT LINE ADJUSTMENT NO. 564 REC. 04/10/2012 DOC. NO. 2012-0135955, O.R. 40' — 33' -- 7' -i-'--- GRANT DEED REC. 11/18/1963 - BOOK 6031, PAGE 127, O.R. LEGEND DESCRIP710N AREA RIGHT-OF-WAY UNE/ UNDERLYING LOT UNE ,oq I9 9 9cFz3 -e,4/ • 28,2jst �,s-0 CITRUS AVENUE — 60' AL4BAMA STREET �-- 50' } GRANT DEED N- REC. 10/25/2021 DOC. NO. 2021-0482207, O.R. GRANT DEED REC. 09/22/1965 BOOK 6477. PAGE 146. O.R. K Q SCALE: 1 "=200' - CEN7ER UNE SHEET 1 OF 1 EXHIBIT "B" PLAT CITY OF REDLANDS, CALIFORNIA Engineering, Inc. Civil Engineering/Land Surveying/Land Planning 160 S. Old Springs Road Suite 210 Anaheim Hills, CA 92808 (714) 685-6860 DOC #2023-0278614 Page 8 of 9 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 StormTech SC740 Chambers Area 1 34.05719 N 117.20128 W 2 StormTech SC740 Chambers Area 2 34.05638 N 117.21291 W 3 StormTech SC740 Chambers Area 3 34.05701 N 117.21107 W 4 5 6 7 8 9 10 BMP or Pollution Control Device: Enter BMP designation and description (ie TC-10, Infiltration Trench). Latitude: Enter Latitude to 5 decimal places in decimal degree format (DD.DDDDD). Longitude: Enter Longitude to 5 decimal places in decimal degree format (DD.DDDDD). Maintenance provided By: Enter name of individual or entity responsible for maintenance and record keeping for this project. Frequency: Enter the frequency of maintienance for this BMP, M:\2021\21-996 LBA Redlands Iowa St\WQMP\Maintenance Agreement\Stormwater Treatment -Maintenance Agreement Template 6-23.docx DOC #2023-0278614 Page 9 of 9 EXHIBIT "D" BMP MAP SC740=AREA #1 LATITUDE: 34°03'25.91"N LONGITUDE:117°12'4.6"W SC740-AREA #3 — LATITUDE 34°G3'25,25"N LONGITUDE:117°12' 39,87"W SC740—AREA #2 LATITUDE: 34°03'2,2.97"N LONGITUDE:117°12'46.49°W ORANGE BLOSSOM TRAIL SCALE: 1' =100' Engineering, Inc. Civil Engineering/Land Surveying/Land Planning 160 S. Old Springs Road Suite 210 Anaheim Hills, CA 92808 714-685-6860 WQMP MAINTENANCE AGREEMENT EXHIBIT "C" — BMP LOCATION REDLANDS, CALIFORNIA