Loading...
HomeMy WebLinkAboutContracts & Agreements_173-2024Electronically Recorded in Official Records San Bernardino County Assessor -Recorder -County Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DOC# 2024-0233829 CITY CLERK 09/30/2024 Titles:1 Pages:10 05:00 PM CITY OF REDLANDS SAN Fees $0.00 P.O. BOX 3005 Taxes $0.00 J7269 CA SB2 Fee $0.00 REDLANDS, CA 92373 Total $0.00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 0172-141-07, -08, -11, -15, -16 & -19 THIS AGREEMENT is made and entered into this 2 i day of , 209- yby and between Redlands Community Hospital, a California non-profit pu is benefit 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 the "Fern Avenue Parking Lots" and filed as CUP 158 Rev. 3 (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 Infiltration Basin and Bioretention System (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 within property that is, or upon acceptance by City will be, public or City -owned property; 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 #2024-0233829 Page 2 of 10 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 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. 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.'s 0172-141-07, -08, -11, -15, -16 & -19 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 #2024-0233829 Page 3 of 10 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 (i) responsibility for the Devices is transferred to another entity approved by City or (ii) 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. 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 Redlands Community Hospital, a California City of Redlands non-profit public benefit corporation P.O. Box 3005 James R. Holmes, President/CEO Redlands, CA 92373 350 Terracina Blvd. 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: OWNER: Charles M. Duggan Jr., ity pager 6ikands Community Hospital, a California non-profit public benefit corporation James R. Holmes, President/CEO Attest: nne Donaldson, City Clerk City of Redlands Agreement Version NOVEMBER 2013 DOC #2024-0233829 Page 4 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 Monday, September 30, 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. ZSignature �-- Si atur f No Public JENNIfER MACIAS Notary Public - California San Bernardino County Commission N 2388813 My Comm. Expires Dec 31, 2025 r (Seal) Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2024-0233829 Page 5 of 10 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 1 County of 139n l J} Ono g'?.i` before me c J" Date Here Insert Name and Title of the Gaiter personally appeared T � 9 T 1U1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evident o be the personX) whose nameyd i are subscribed to the within instrument and acknow ed to me th he he/they executed the same i is her/their authorized capacityk<and that b his er/their signaturej*ro'n the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANNA C. CANTON Notary Public - California 40my San Bernardino County Commission # 2418176 Comm. Expires Sep 26, 2026 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. J Signatur l',tmn"— 5 Signature of Notary Public Vr 1 IV IYIiL 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: k UK-(YILJVC C.0 G1fCAZq-Yy\gj(%X r n9 Document Date: L?� 222-A Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other Signer is Representing: DOC #2024-0233829 Page 6 of 10 EXHIBIT "A" THOSE PORTIONS OF LOTS 21 AND 22 AND ALL OF LOT 23,24 AND 25, MAP OF TERRACINA BLUFF LOTS, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 OF MAPS, PAGE 38, RECORDS OF SAID COUNTY, TOGETHER WITH THAT PORTION OF TERRACINA BOULEVARD AND FERN AVENUE DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CENTERLINE INTERSECTION OF FERN AVENUE AND TERRACINA BOULEVARD AS SHOWN ON RECORD OF SURVEY 08-184 RECORDED IN BOOK 137 OF RECORDS OF SURVEY, PAGE 70, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID TERRACINA BOULEVARD, SOUTH 24°58'00" EAST, 77.91 FEET; THENCE AT RIGHT ANGLES SOUTH 65002'00" WEST 44.00 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY OF TERRACINA BOULEVARD AND THE POINT OF BEGINNING; THENCE ALONG SOUTHWESTERLY RIGHT-OF-WAY OF SAID TERRACINA BOULEVARD, SOUTH 24058'00" EAST, 414.47 FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 25; THENCE ALONG SAID NORTHEASTERLY PROLONGATION AND SOUTHEASTERLY LINE OF SAID LOT 25, SOUTH 65°02'00" WEST, 299.19 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOTS 23,24 AND 25, NORTH 32°08'48" WEST, 216.93 FEET TO AN ANGLE POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 23; THENCE ALONG THE SOUTHERLY LINE OF SAID LOTS 22 AND 23. NORTH 85°38'45" WEST, 130.10 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 22; THENCE ALONG THE WESTERLY LINE OF SAID LOT 22, NORTH 30°15'32" EAST, 72.00 FEET TO AN ANGLE POINT THEREIN; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 22, NORTH 65002.00" EAST, 108.67 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF WAY OF FERN AVENUE (54 FEET IN WIDTH), SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 227.00 FEET, THE INITIAL RADIAL OF WHICH BEARS SOUTH 21 °49'09" EAST; THENCE ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID FERN AVENUE AND SAID CURVE AN ARC DISTANCE OF 132.54 FEET THROUGH A CENTRAL ANGLE OF 33°27'17"; THENCE CONTINUING ALONG THE SOUTHEASTERLY RIGHT OF WAY OF SAID FERN AVENUE, NORTH 34"43'34" EAST, 146.93 FEET THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 12.00 FEET; THENCE EASTERLY ALONG SAID CURVE AND ARC DISTANCE OF 25.20 FEET THROUGH A CENTRAL ANGLE OF 120018'56" TO THE POINT OF BEGINNING. Page 1 of 2 DOC #2024-0233829 Page 7 of 10 CONTAINING: 120,148.46 SF (2.76 AC) UW MARK S. WHITMER PREPAR BY: ----- L.S. No. 5535 MARKS. WHITM R, L.S. NO. 55 5 `p�' DATE: D 3 20 �rF OF c4v-� c Page 2 of 2 DOC #2024-0233829 Page 8 of 10 EXHIBIT "B" PARCEL 1 Jam/ �o� \\ �� �\ PARC'rL NJAP NO,7782 P.IYLB, 713/50-51 P/ .�i POB\\\ TRACT ND, 2016 ,�' CAI-ST F2:RN "0.\ \ HF-�JCHTS M,B. 29/73 / N • �N NON PO%P' \ 0 \ / v, / \\ \ -0_ 03 ' P� 0lF N QOR o '►y N Gti P• S G N1P GOR . i O, � (� �,. is `1q \k\•15Qti\P;G \\ Vg\'\tee P P s GOIAIAN P Opp.\\ON ?? � � Zij \�,�,1\ P GP\�1P \ON � � � � \ �,A \ \ ,�''�• _In R v REO � F��F � GORP / / � i N • ONO Q �F \� 'ORQO � � i \ Q \�\/ ,�,i P GP — — — — — — — - N85 38'45 W GP\-1�0xcNP-��� LINE TABLE NO. BEARING LENGTH L1 N24 58 00 W 77.91' L2 N65°02 00"E 44.00 L3 N30 15'32"E 72.00 L4 N65°02 00 E 108.67 RS, ON -J37/7 0 cad RGO�O RO/ o ��1�� "o - c� CURVE DATA TABLE \ \ TBRF-13 0JJNA \ \\ BLUF LOTS CURVE DELTA RADIUS I LENGTH TANGENT C1 6.4'43'23" 200.00' 225.93' 126.74' C2 33°27'17" 227.00' 132.54' -- C3 120°18'56" 12.00' 1 25.20' LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING \ \ \ SCALE: 1 " = 100' \ \ \ 0 LAND L PREPARED BY- MARK J WHITMER 0 <;T L.S. No. 5535 F H° Hartwick, Inc. MARK S. WHITMER, L.S. 5535 37 East Olive Ave. Ste C Redlands, CA. 92373 DATE: CA��FO 909.793.2257 DOC #2024-0233829 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices Stormwater PollutionControl BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By IB-1 34.0358860 -117.2041350 Owner 72 Hours I Infiltration Basin after Rain BS-I 34.0357230 -117.204380" Owner 72 Hours 2 Bioretention System after Rain 4 5 6 7 8 9 10 DOC #2024-0233829 Pagel 0 of 10 Exhibit D BMP Map TERRACINA BOULEVARD -- - o �� F i REDLANDS ;l COMMUNITY HOSPITAL i n I I I i I I i I I I I I I I I I I I I I I I I I 1 I I I