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HomeMy WebLinkAboutContracts & Agreements_146-2024RECORDING 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 0 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2024-0185705 08/07/2024 Titles: 1 Pages: 9 08:00 AM SAN 14311 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) 0292-033-11,0292-033-13 THIS AGREEMENT is made and entered into this .11-1 day of 1)01144 I 2074by and between CRP-NPP Redlands Industrial Owner, LLC, a Delaware 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 California Street Industrial at 1101 California Street and filed as Planned Development NO. 7 (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 an underground infiltration chamber, catch basin filters, and trash capture units (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 City of Redlands Agreement Version NOVEMBER 2013 DOC #2024-0185705 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 CRP-NPP Redlands Industrial Owner, LLC, a Delaware 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. 0292-033-11, 0292- 033-13, 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. City of Redlands Agreement Version NOVEMBER 2013 DOC #2024-0185705 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 City Engineer City of Redlands P.O. Box 3005 Redlands, CA 92373 OWNER Brian Wong CRP-NPP Redlands Industrial Owner, LLC 1130 Factory Place, Suite 105 Los Angeles, CA 90013 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: Clt, R LE5 M. £uC7 ' \I 5f', err y MA-0A6 Attest: Donaldson, City Clerk OWNER: Briang Senior Vice President, Development CRP-NPP Redlands Industrial Owner, LLC City of Redlands Agreement Version NOVEMBER 2013 DOC #2024-0185705 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 Tuesday, August 6, 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat (Seal) CA-c �--� e of Notary Public •1,-, JENNIFERMACIAS a'M�Notary Public - Califor nia tea:_ T San Bernardino County s.c..+, � Commission # 2388813 ,ov. My Comm. Expires Dec 31, 2025 Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2024-0185705 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 LDS 144 ,Ec-6•S } On Avbvft s, and'' before me, `l&f 144TNGRS # ernes lcsed, l�ormicy Pv4a_.c Date personally appeared BRsaA 1V.4d. Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personfe whose name,(s5 is/fie subscribed to the within instrument and acknowledged to me that he/sye/tly executed the same in his/V/tveir authorized capacity(), and that by his/I yesr/tr signature(4 on the instrument the person; or the entity upon behalf of which the person(y''acted, executed the instrument. COLE WITHERS HENRIKSEN Notary Public - California I Los Angeles County sg Commission # 2456865 My Comm, Expires Aug 1, 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 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee ❑ Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association DOC #2024-0185705 Page 6 of 9 Exhibit A Legal Description LEGAL DESCRIPTION: REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL OF LOTS 1 AND 4, BLOCK 3, LA DREW SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12 PAGE 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAVING AND EXCEPTING THEREFROM THE WEST 14.5 FEET OF SAID LOTS 1 AND 4. ALSO SAVING AND EXCEPTING THEREFROM ALL OF THAT PORTION OF LOT 4, BLOCK 3, LA DREW SUBDIVISION, RECORDED IN BOOK 12 PAGE 44 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER LINE OF AN 82.5 FOOT ROAD KNOWN AS CALIFORNIA STREET (FORMERLY PENNSYLVANIA AVENUE) SOUTH 0° 04' 30" WEST, 76.00 FEET FROM THE CENTER LINE INTERSECTIONS OF SAID CALIFORNIA STREET AND LUGONIA AVENUE; THENCE NORTH 89° 55' 30" WEST, 41.25 FEET TO THE TRUE POINT OF BEGINNING ON THE EAST LINE OF SAID LOT 4; THENCE FROM THE TRUE POINT OF BEGINNING NORTH 89° 55' 30" WEST, 60.00 FEET; THENCE SOUTH 0° 04' 30" WEST, 40.00 FEET; THENCE SOUTH 89° 55' 30" EAST, 60.00 FEET TO A POINT IN THE SAID EAST LINE OF LOT 4; THENCE NORTH 0° 04' 30" EAST, 40.00 FEET ALONG SAID EAST LINE OF LOT 4 TO THE TRUE POINT OF BEGINNING. ALSO SAVING AND EXCEPTING THEREFROM ALL THAT PORTION OF SAID LOT 1, BLOCK 3, CONVEYED TO THE STATE OF CALIFORNIA, FOR FREEWAY PURPOSES, BY DEED RECORDED AUGUST 8, 1961 IN BOOK 5504 PAGE 113 OFFICIAL RECORDS OF SAID COUNTY. APN: 0292-033-11 and 0292-033-13 DOC #2024-0185705 Page 7 of 9 EXHIBIT B MAP SITE BOUNDARY _A DREW SUBDIVISION 12/44 0 75 150 300 450 SCALE 1" = 150' DOC #2024-0185705 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 Bi-monthly and prior to 1 Underground Infiltration System 34d04'09.8"N 117d13'42"W Owner storm event and 48-hours after storm has passed. 2 Contech Grate Inlet Filter 34d04'04.2"N 117d13'35.8"W Debris 3 Contech Grate Inlet Filter 34d04'06.2"N 117d13'35.8"W Owner monthly. 4 Contech Grate Inlet Filter 34d04'09.7"N 117d13'35.8"W Filters Quarterly 5 Connector Pipe Screen 34d04'12"N 117d13'42.5"W Owner Debris monthly. 6 Contech Curb Inlet Filter 34d04'02.1"N 117d13'42.5"W Debris 7 Contech Curb Inlet Filter 34d04'05.3"N 117d13'42.5"W Owner monthly. 8 Contech Curb Inlet Filter 34d04'09.3"N 117d13'42.5"W Filters Monthly & Prior to 9 First Defense FTC 34d04'10.7"N 117d13'42.0"W storm event 10 First Defense FTC 34d03'08.7"N 117d13'42.2"W Owner and 48-hours 11 First Defense FTC 34d04'09.3"N 117d13'42.3"W after storm has passed. DOC #2024-0185705 Page 9 of 9 I I „AM 111111111111111111 EXHIBIT D BMP MAP LUGONIA 'AVE WOW Ble NOTES IN TALL (UNDERGROUND INFILTRATION SYSTE 60PERFORATED CMP'S, 80'X170' INTALL ON7CH GRATED( INLET( FILT R INSTALL ONTCH GRATED INLET FILTER O4 INSTAL 5 INISTALL O O NISTALL O7 INSITALL O8 INSTALL l y )INSTALL ONT CH GRATED, INLET FILT R ONT CH CONNECTOR PIPE S REEN ONT CH C RB INLET F LTER ONT CH CURB INLET F ONT CH CURB INLET F LTER LTER YDRO INTERNATIONAL FIRST DEFEN •E 10 INS ALL ' YDRO INTEI NATI(rIINAL Ii IRST DEFEN INSTALL ,YDRO INTERNATIONAL FIRST DEFER rs 11 Dal • INTERSTATE 10 F'1PY 0 75 150 300 450 SCALE 1" = 150'