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HomeMy WebLinkAboutContracts & Agreements_78-2024RECORDING 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 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2024-0099330 04/30/2024 Titles: 1 Pages: 9 08:00 AM SAN 14311 SPACE ABOVE THIS LINE FOR RECORDER'S USE Fees Taxes CA SB2 Fee Total $0.00 $0.00 $0.00 $0.00 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 0172-162-04, -26 & -38 THIS AGREEMENT is made and entered into this CiTif day of A j2) L_ , 2021 by and between Terracina Medical Holdings LLC, a California 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 Redlands Healthcare Center and filed as CUP 60 (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 a Catch Basin Insert, Bioretention System and Rain Garden (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 City of Redlands Agreement Version NOVEMBER 2013 DOC #2024-0099330 Page 2 of 9 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 the Owner 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 No. 0172-162-04, -26 &-38 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 #2024-0099330 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 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 Terracina Medical Holdings LLC, A California Limited Liability Company 350 Terracina Boulevard Redlands, CA 92373 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 Attest: City T Tanager anne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 OWNER: Terracina Medi's/a1 Holdings LLC, A California Limited Liability Company Harvey S. Hansen, Vice President DOC #2024-0099330 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 Monday, April 29, 2024 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 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 #2024-0099330 Page 5 of 9 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 3ck& 8 r.ni 0--1 & Ona r, I a 3; before me, . RHQ fi r�p� � 11JU 1�.l POI 1Ic. (insert name and title of the officer) personally appeared i- i-rvh- S 14 tis c./t) who proved to me on the basis of satisfactory evidence to be the person($ whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/leer/their authorized capacity(Ies), and that by his/her/their signatures) on the instrument the person(s-), 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) JANET FORRESTER COMM.112371736CNL�, NOTARY PUBLIC CALIFORNIA i SAN BERNARDINOCOUNTY My Comm. Expires Aug 21, 2025 DOC #2024-0099330 Page 6 of 9 EXHIBIT "A" LOTS 1, 13 AND 14 IN BLOCK 9 OF WEST REDLANDS (FORMERLY TERRACINA), IN THE CITY OF REDLANDS, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 OF MAPS, PAGE 22, RECORDS OF SAID COUNTY, TOGETHER WITH THAT PORTION OF THE NORTHEASTERLY %2 OF ACACIA AVENUE (VACATED) AS SHOWN ON SAID MAP OF WEST REDLANDS ADJOINING SAID LOTS 1 AND 14 SOUTHWESTERLY, ALSO TOGETHER WITH THAT PORTION OF THE NORTHWESTERLY %2 OF THE ALLEY (VACATED) AS SHOWN ON SAID MAP OF WEST REDLANDS ADJOINING SAID LOTS 13 AND 14 SOUTHEASTERLY, ALSO TOGETHER WITH THAT PORTION OF THE SOUTHEASTERLY 1/2 OF THE ALLEY (VACATED) AS SHOWN ON SAID MAP OF WEST REDLANDS ADJOINING SAID LOT 1 NORTHWESTERLY, ALSO TOGETHER WITH THAT PORTION OF FERN AVENUE AS SHOWN ON SAID MAP OF WEST REDLANDS LYING NORTHWESTERLY OF A LINE THAT IS DISTANT 32.00 FEET NORTHWESTERLY OF THE CENTERLINE OF SAID FERN AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF LAUREL AVENUE (80 FEET WIDE) AND ACACIA AVENUE (VACATED, 80 FEET WIDE) AS SHOWN ON SAID MAP OF WEST REDLANDS; THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID ACACIA AVENUE SOUTH 33°35'57" EAST, 40.00 FEET TO A POINT ON THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY RIGHT OF WAY OF SAID LAUREL AVENUE. SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID PROLONGATION AND RIGHT OF WAY NORTH 56°20'48" EAST, 146.08 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 13; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 13 AND ITS PROLONGATION SOUTH 33°17'12" EAST, 180.07 FEET TO THE CENTERLINE OF SAID ALLEY; THENCE SOUTHWESTERLY ALONG SAID ALLEY SOUTH 56°20'24" WEST, 66.09 FEET TO THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTHEASTERLY ALONG SAID PROLONGATION AND NORTHEASTERLY LINE OF SAID LOT 1 SOUTH 33°36'23" EAST, 193.08 FEET TO THE NORTHWESTERLY RIGHT OF WAY OF SAID FERN AVENUE; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY OF SAID FERN AVENUE AND ITS PROLONGATION SOUTH 56°20'00" WEST, 80.08 FEET TO A POINT ON THE CENTERLINE OF SAID ACACIA AVENUE; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID ACACIA AVENUE NORTH 33°35'57" WEST, 373.18 FEET TO THE POINT OF BEGINNING. CONTAINING: 41,773.53 SF (0.96 AC) PREPARED, BY: MARK WHITMER, L.S, NO. 5535 DATE: / Z Z9/_‘223 DOC #2024-0099330 Page 7 of 9 EXHIBIT "B" .0 .0 ` C . • \ .<'/ \ \ • `. '9� 2� yCi 'ids 9 0" y ` G `\BLOCK 9 `>.' �2G ,�, --F ke >' \ rG cP / • ,^ /• / / � / . / /• . / . / / /�• . / / / • . / / / • . . / / / ' / / / /• / / / / • / / / / / / / / / / / / / / / / / / / / / / / / / • / / J / / LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING MARK S. 'WHiTMER• DATE: \ \ . • F 0 M SCALE: 1 " = 80' LINE TABLE NO. BEARING LENGTH Lt S33'35'57"E 40.00' Hartwick, Inc. 37 East Olive Ave. Ste C Redlands, CA. 92373 909.793.2257 DOC #2024-0099330 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 BS-1 Bioretention System 34.038242° -117.203206° Owner 72 Hours after Rain 2 CB-1 Catch Basin Insert 34.038229° -117.203244° Owner 72 Hours after Rain 3 RG-1 Rain Garden 34.038213° -117.203216° Owner 72 Hours after Rain 4 5 6 7 8 9 10 DOC #2024-0099330 Page 9 of 9 Exhibit D BMP Map X. BLDG L EXISTING BUILDING FERN AVENUE