Loading...
HomeMy WebLinkAboutContracts & Agreements_161-2024RECORDING REQUESTED BY: MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT CITY OF REDLANDS FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 09/12/2024 01:37 PM SAN 18806 Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk DOC# 2024-0218744 Titles: 1 Pages: 10 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) 0170-071-36 THIS AGREEMENT is made and entered into this ' day of 5a ; 2024, by and between ASNA Properties, 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 ASSISTED CARE FACILITY — 710 NORTH CHURCH STREET and filed as GP22-0030 (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 BASIN, PARKWAY OUTLET DRAIN, CATCH BASINS, DRIVEWAY SWEEPING AND LANDSCAPE/IRRIGATION MANAGEMENT (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 L:\FRAZIER GROUP ARCHITECTS REDLANDS CHURCH STREET\survey\WQMP\SECTION 6.3.A1 MAINTENANCE AGREEMENT.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 ASNA Properties, LLC, A California 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. 0170-071-36, 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 Parry. 01- Jo Z abed bbL8l-Z0-fZ0z# OOa L:\FRAZIER GROUP ARCHITECTS REDLANDS CHURCH STREET\survey\WQMP\SECTION 6.3.A1 MAINTENANCE AGREEMENT.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 ASNA Properties, LLC 2307 Verona Court Chino Hills, CA 91709 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 Jr., Attest: Donaldson, City Clerk ager ASNA Properties, LLC A California Limited Liability Company By: NIAZ KHALID Title: C.E.O. 01- Jog abed bbL9L 0-fZ0z# OOa L:\FRAZIER GROUP ARCHITECTS REDLANDS CHURCH STREET\survey\WQMP\SECTION 6.3.A1 MAINTENANCE AGREEMENT.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 Thursday, September 12, 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. JENNIFER MACIAS 1 Notary Public - California San Bernardino County Commission # 2388813 My Comm. Expires Dec 31, 2025 (Seal) 01- Job abed bbL8l-ZO-bZ07 # OOa Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. 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 San Bernardino On SGpfew bev- /01 ZaZ`f before me, Cheri Monic Jacques, Notary Public (insert name and title of the officer) personally appeared Ma. 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. 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) .+ * Cheri Monic Jacques co% `° COMM. # 2434271 > �'-- "��f'1: �1 NOTARY PUBLIC • CALIFORNIA (/) II coU)' -'fir. SAN BERNARDINO COUNTY 0 < \ My Commission Expires 1 �y"" January 14, 2027 01- J0 5 abed bbL9L 0-fZ0z# OOa EXHIBIT "A" LEGAL DESCRIPTION The following real described property in the city of Redlands, county of San Bernardino, state of California: Lots 3, 4, 5 of Block 1 and the Northerly 40.00 feet of Lot 6 of Block 1 all of Lugonia Heights, as per Map recorded in Book 8, Page 12, inclusive of Maps, in the Office of the County Recorder of said County. Together with that portion of the Church Street which would pass by operation of law, as vacated and closed to public use by Resolution No. 8424 signed by the City Clerk for the Council of the City of Redlands on December 20, 2022 and recorded December 22, 2022 as Instrument No. 2022-0406079 of Official Records of San Bernardino County, California. Pursuant to Lot Merger (LLA-666) recorded February 3, 2023 as Instrument No. 2023-0025493 of Official Records of San Bernardino County, California APN: 0170-071-03, 0170-071-04, 0170-071-02 0610 9 abed 1717L91 Z0-fZ0Z# OOa L:\FRAZIER GROUP ARCHITECTS REDLANDS CHURCH STREET\survey\WQMP\SECTION 6.3.A1 MAINTENANCE AGREEMENT.docx SCALE: 1 "=40' 40' EXHIBIT "B" MAP A.P.N. 0170-071-05 J01 H 2 A.P.N. 0170-071-07 LOT LINE REMOVED PER LLA-666 _01 3 4' STREET VACATION PER 1 DOC. NO. 2022-0406079 gLOCK�\\0H-\5 �o� 4 LLA-666 \-°GM.e SF N 3 /'\2 CERT. OF COMPLIANCE DOC. NO. 2023-0025493 A.P.N.0170-071-26 -- 0 0 d r 1 \REVIOUSLY REMOVED LOT LINE 5 \0l 6 \-LOT LINE REMOVED PER LLA-666 L01 1 A.P.N. 0170-071-01 w J J Q 0l- Jo L abed bbL9L 0-fZ0z# OOa EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES BMP # Stormwater BMP or Pollution Control Device Pollution Latitude Control Longitude Devices Maintenance Provided By Frequency 1 DA1 — Underground Infiltration Basin 34.06199 -117.17366 Property Owner Before Wet Season (October 1) and After Each Rain Event 2 Parkway Outlet Drain PER EXH D PER EXH D Property Owner Monthly 3 Catch Basin PER EXH D PER EXH D Property Owner Monthly 4 Driveway Sweeping PER EXH D PER EXH D Property Owner Monthly 5 Landscape/ tion Management PER EXH D PER EXH D Property Owner Every Two Weeks 01- Jo 9 abed bbL9L 0-fZ0z# OOa L:\FRAZIER GROUP ARCHITECTS REDLANDS CHURCH STREET\survey\WQMP\SECTION 6.3.A1 MAINTENANCE AGREEMENT.docx l T- T-T-T--AI \, IL� T-=T-T-�1 T T-� `L�Ca]��I^Rti4llEY?�Y:"KNiY�Y2'.1TiNWil2"Sa,tlRL..T3 EXHIBIT D BMP NOTES 0 0 0 O N v 2,343 CUBIC FEET INFILTRATION CHAMBERS FOR DA1 (245 C.F. REQUIRED) OR APPROVED EQUAL, TYPICAL DETAIL ON SHEETS 2 & 3. ' m GRADE AND INSTALL LANDSCAPE ADJACENT TO HARDSCAPE AT 1" MINIMUM SUMP, PER DETAIL ON SHEET 1. o 0 CONSTRUCT ROOF DRAIN DOWNSPOUTS TO OUTLET ONTO SPLASH PAD, PER DETAIL ON SHEET 1. o INSTALL AND MAINTAIN IRRIGATION OF LANDSCAPED AREAS PER CASQA BMP SD-12 (S5). PREPARE SPILL CONTAINMENT PLAN PER CASQA BMP SD-36 (S9). PERFORM DRIVEWAY/PARKING SWEEPING ON A MONTHLY BASIS. INSTALL 6" NDS SPEE-D CATCH BASIN WITH PLASTIC ATRIUM GRATE IN LANDSCAPE AREAS AND BRASS GRATE IN CONCRETE AREAS, SEE DETAIL ON SHT. 3 INSTALL 12"X12" NDS CATCH BASIN WITH PLASTIC ATRIUM GRATE, SEE DETAIL ON SHT. 3 INSTALL 24"X24" OLDCASTLE CATCH BASIN WITH FLO-GARD FILTER, OR EQUIVALENT, SEE DETAIL ON SHT. 3 INSTALL 4" DIA. S.D.R.35 P.V.C. DRAIN PIPE AT 0.5% MIN. GRADE INSTALL 6" DIA. S.D.R.35 P.V.C. DRAIN PIPE AT 1.0% MIN. GRADE INSTALL 8" DIA. S.D.R.35 P.V.C. DRAIN PIPE AT 1.0% MIN. GRADE INSTALL 4" WIDE NDS SPEE-D CHANNEL DRAIN INSTALL 30" NYLOPLAST DRAIN BASIN OR EQUIVALENT PER WQMP PLANS AND DETAILS INSTALL PARKWAY DRAIN FOR BASIN OUTLET. INSTALL "NO DUMPING - DRAINS TO RIVER" SIGN ON PARKWAY DRAINS AND CATCH BASIN INLETS (S1). INSTALL 12" DIA. H.D.P.E. DRAIN PIPE AT 1.0% MIN. GRADE FOR BASIN OUTLET PIPE. SHEET 2 OF 2