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HomeMy WebLinkAboutContracts & Agreements_174-2024Electronically Recorded in Official Records San Bernardino County RECORDING REQUESTED BY Assessor -Recorder -County Clerk AND WHEN RECORDED MAIL TO: DOC# 2024-0233812 CITY CLERK 09/30/2024 Titles: 1 Pages: 10 CITY OF REDLANDS PM SAN AN Fees $0.00 P.O. BOX 3005 Taxes $0.00 REDLANDS, CA 92373 18806 CA SB2 Fee $0.00 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) 0168-132-05 THIS AGREEMENT is made and entered into this 30TI day of SFMOffg, , 204 by and between KL LB Buy 2 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 Meadowlark, along Wabash Avenue between Capri Avenue and San Bernardino Avenue and filed as TM 20473 (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 Catch Basin Filter Inserts (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 City of Redlands P:\149-215\009-Tr16878-Redlands\WQMP\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2024-0233812 Page 2 of 10 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 KL LB Buy 2 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 No. 0168-132-05, 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. City of Redlands P:\149-215\009-Tr16878-Redlands\WQMP\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2024-0233812 Page 3 of 10 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. 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 Nathan Holt KL LB Buy 2 LLC, a Delaware Limited Liability Company 6900 E. Camelback Road, Suite 800 Scottsdale, AZ 85251 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. City of Redlands P:\149-215\009-Tr16878-Redlands\WQMP\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2024-0233812 Page 4 of 10 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: &,-/- h'( Charles M. Dugga ., Manager Attest: e e Donaldson, City Clerk M Nathan Holt Authorized Signer KL LB Buy 2 LLC, a Delaware Limited Liability Company City of Redlands P:\149-215\009-Tr16878-Redlands\WQMP\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2024-0233812 Page 5 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. Signature Sign ure o otary Public 4bmy JENNIFERMACIAS Notary Public . California Z San Bernardino County �Commission # 23888�,20J25 Comm. Expires Dec 3 (Seal) Copyright© 2018 NotaryAcknowledgement.com. All Rights Reserved. DOC #2024-0233812 Page 6 of 10 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0168-132-05 STATE OF ARIZONA COUNTY OF MARICOPA I, Julie Gillett, a Notary Public in and for the County and State aforesaid, do hereby certify that Nathan Holt, Authorized Signatory of KL LB BUY 2 LLC, personally appeared before me this day and acknowledged that due execution of the foregoing instrument on behalf of the limited liability company. Witness my hand and seal the 23rd day of September , 2024. ,e rr JULIE GILLETT Notary Public - State of Arizona MARICOPA COUNTY Commission # 635441 Expires August 05, 2026 .1�. . �WE Notary Public My Commission Expires: _08/0512026 DOC #2024-0233812 Page 7 of 10 Exhibit A Legal Description (APN: 0168-132-05) REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 1 TRACT 2383 PER MAP RECORDED IN BOOK 34, PAGE 11 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA l (/ 9/13/2024 Aaron Thoma Sk ers P.L.S. 8604 Expiration Date: 12/31/25 P:\149-215\009-Tr16878-Redlands\WQMP\Stormwater Treatment -Maintenance Agreement Template.docx DOC #2024-0233812 Page 8 of 10 EXHIBIT B Plat Map PROJECT LIMITS TRACT 20473 BOUNDARY SAN BERNARDINO AVE -------------------- 1 , TRACT 23E 1341PG11 1--�N�_NiF.�N_!!_N!.l�N��N�1l�N �N•�N�_N��N_M� ------------------------CARTAVE---- N s 0 150 300 1 INCH = 300 FT. ENCOMPASS ASSOCIATES, INC. DOC #2024-0233812 Page 9 of 10 Exhibit C Stormwater Pollution Control Devices Stormwater Pollution 1 1 Devices BMP BMP or Pollution Control Maintenance # Device Latitude Longitude Provided By Frequency TC-11, Infiltration Basin N34004'37.20" W117008'43.85" HOA Monthly 1 (San Bernardino Ave./Lot A) Catch Basin Insert N34004'35.35" W117008'43.06" HOA 2 times per 2 year Catch Basin Insert N34004'35.35" W117008'42.56" HOA 2 times per 3 year Catch Basin Insert N34004'36.18" W117008'42.16" HOA 2 times per 4 year Catch Basin Insert N34004'35.77" W117008'42.16" HOA 2 times per 5 year Catch Basin Insert N34004'32.49" W117008'42.13" HOA 2 times per 6 year Catch Basin Insert N34004'32.06" W117008'41.96" HOA 2 times per 7 year Catch Basin Insert N34004'36.13" W117008'35.25" HOA 2 times per 8 year Catch Basin Insert N34004'35.73" W117008'35.11" HOA 2 times per 9 year P:\149-215\009-Tr16878-Redlands\WQMP\Stormwater Treatment -Maintenance Agreement Template.docx BMP #1 INFILTRATION BASIN DOC #2024-0233812 Page 10 of 10 EXHIBIT D BMP Map s 0 150 300 1 INCH = 300 FT. PROJECT LIMITS TRACT 20473 BOUNDARY SM BOOM= A* ---------- A w ----------------- 00011, CAM M BMP #2-#9 CATCH BASIN FILTER INSERT (TYP) iENCOMPASS ASSOCIATES, INC.