HomeMy WebLinkAboutContracts & Agreements_192-2024Electronically
Recorded in Official Records
San Bernardino County
Assessor -Recorder -County Clerk
RECORDING REQUESTED BY
DOC# 2024-0252963
AND WHEN RECORDED MAIL TO:
10/22/2024
Titles:1 Pages:10
CITYCLERK
02:32 PM
CITY OF REDLANDS
sAly
Fees
$0.00
Taxes
$0.00
P.O. BOX 3005
18806
CA SB2 Fee
$0.00
REDLANDS, CA 92373
Total
$0.00
FEES NOT REQUIRED
.ER 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)
A PN 0169-142-14
THIS AGREEMENT is made and entered into this day of &h�Of , 20_11,by
and between Truly Redlands LLC, 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 Tru by Hilton, 425 W. Colton Avenue Redlands, California, and filed as (CRA-931)(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 Stormtech MC-4500 Underground chamber and
Flogard catch basins (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 Cityand referred to as the Water Quality Maintenance Plan; and
City of Redlands
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Maintenance Agreement- 10- 1 0-2024.docx
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 Truly Redlands LLC, Delaware Limited Liability
Company 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.
2. The Owner shall diligently maintain the Devicesin 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. (APN 0169-142-
14), 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
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Maintenance Agreement- 10- 1 0-2024.docx
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 servitudesthat 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 OWNER
City Engineer Truly Redlands LLC
City of Redlands Jenifer Jackman, Manager
P.O. Box 3005 1934 Old Gallows Road, Sute 350
Redlands, CA92373 Tysons Corner, VA 22182
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
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IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first
written above.
CITY OF REDLANDS:
Charles M. Duggan Jr., City Manager
Attest:
"Xd4�—
dWhne Donaldson, City Clerk
OWNER:
Truly R ands LLC, Delaware Limited
Liability Company.
Jenifer Jackman, Manager
See Attached for
Notary Documents
City of Redlands
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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
i
• (� before me,
Da —
personally appeared
IITR.�miff-1;► '1
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ' /are subscribed
to the within instrument and acknowledged to me that/e/sie/they executed the same in ' /ltr/their
authorized capacity(ies), and that by Ibis/h/r/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
*Ay
L. R. MCCASLAND
Notary Public - California
Riverside County
Commission 1l 2480168
Comm. Expires Feb 19, 2028
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 i •
MO A —� lk kA
Signature of Notary Public
Vr 1 IWJVP .
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:
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
n Other:
Signer is Representing:
02019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 �nt) Ui is 0101S }
On ( +-- I i0 ( 20'2-4 before meAasw L.Nck1'�oyi , mm-nt2y Po bites
1 } J (Here insert name and tdle of the officer) 1
personally appeared JAY) l �cy- JG� ,1� Ma In ,
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.
KASEY L. ANDERSON
WITNESS my hand and official seal. Commission # 2440698
c
abR«pb`t NotaryPublic- California v
1po .: San Luis Obispo County
� ... r My Comm. Expires Mar. 7, 2027
Notary Pullc Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
' %Y m t,txt-1 V trebrXXrT
(Title or description of attached document)
(Title or description of attached document continuedA(y<C "-1e—y
Number of Pages 90 Document Date 10L1 Z.q
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
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INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
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must also be the same date the acknowledgment is completed.
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EXHIBIT "A"
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LEGAL DESCRIPTION
(APN 0169-142-14-0000)
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Parcel A as shown on Lot Merge No LLA-665, as evidenced by document recorded April 21, w
2022 as Instrument No. 22-151560 of official records, being more particularly described as v
follows: that portion of the East 1/2 of the East 1/2 of the North 1/2 of Lot 27, Block 77,
RANCHO SAN BERNARDINO, in the City of Redlands, County of San Bernardino, State o
of California, as per map recorded in Book 7, Page 2 of Maps, in the office of the County o
Recorder of said county, lying North of the North line of the state highway, as granted to the
State of California, by deed recorded December 11, 1961, in Book 5607, Page 40, official
records. Excepting therefrom that portion of said land condemned for freeway purposes by
"final order of condemnation" to the State of California, superior court of the State of
California for the County of San Bernardino, Case No. 241236, recorded October 3,1989, as
Instrument No. 1989-370791, official records, more fully described as follows: beginning at
the intersection of the Easterly line of said Lot 27, with the North line of the state highway
as granted to the State of California by deed recorded December 11, 1961, in Book 5607,
Page 40, official records; thence along said North line, North 890 46' 35" West, 329.70 feet to
the East line of Parcel 2 of Parcel Map 8065, recorded in Book 85, Page 87 of parcel maps,
records of said county; thence along said East line, North 000 26' 26" West, 23.60 feet; thence
North 890 34' 12" East, 329.72 feet to said Easterly line; thence along said Easterly line, South
000 20' 47" East, 27.37 feet to the Point of Beginning. Together with Lot 50, of Tract 2083,
ROGERS TERRACE, in the City of Redlands, County of San Bernardino, State of
California, as per map recorded in Book 30, Page 26, of Maps, in the office of the County
Recorder of said county. Together with that portion of the alley in Tract No. 2083 adjoining
said property which was vacated by resolution of the city council of the City of Redlands,
resolution no. 2215, a certified copy of which recorded jun 11, 1962, in Book 5714, Page 307,
official records, which would pass by operation of law with a conveyance of said property.
APN: 0169-142-14 (FORMERLY KNOWN AS 0169-142-07-0-000 AND 0169-155-05-0-000)
U:\Projects\20-061 Mr Zala Redlands Land\Outbox\10-10-2024 Alan\Revised Stormwater Treatment -
Maintenance Agreement- 10- 1 0-2024.docx
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EXHIBIT "C"
STORMWATER POLLUTION CONTROL DEVICES
Storm water
Pollution
Control Devices
BMP
BMP or Pollution Control
Latitude
Longitude Maintenance
Frequency
#
Device
Provided By
Catch basin 1
34.06270
-117.18808
Jeni Jackman
Quarterly
I
(Truly Redlands
LLC
Catch basin 2
34.06226
-117.18808
Jem Jackman
Quarterly
2
(Truly Redlands
LLC
Catch basin 3
34.06225
-117.18711
Jeni Jackman
Quarterly
3
(Truly Redlands
LLC
BMP-1 MC-4500
34.06246
-117.18802
Jeni Jackman
Quarterly
4
STORMTECH SYSTEM
(Truly Redlands
LLC
U:\Projects\20-061 Mr Zala Redlands Land\Outbox\10-10-2024 Alan\Revised Stormwater Treatment -
Maintenance Agreement-10-10-2024.docx
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CATCH BASIN-1
LATITUDE : 34.06270
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CENTER LINE
Nee• 36" 14-E 1491 23' (1491.21
BASISOFBEARING R7)
LONGITUDE:-117.18808
W. COLTON AVENUE
_ _ _ — _
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IM OF WORK
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APN 0169-142-14-0000 90 KEY TRU HOTEL
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ENTRE LINE
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INTERSTATE -10 R.O.W
e89' 46 25-E 329.59' (89'4nV 329.70' R3)
8
CATCH BASIN-2 BMP-1
CATCH BASIN-3
LATITUDE: 34.06226 MC4500 STORMTECH SYSTEM
LATITUDE: 34,06225
LONGITUDE:-117.18808 2 ROWS OF 18 CHAMBERS
LONGITUDE:-117.18711
LATITUDE: 34.06246
LONGITUDE:-117.18802
BMP LOCATION MAP
SCALE : N.T.S
LEGEND:
LANDSCAPE
AREA
---- BOUNDARY
C C BMP
INLETS WITH
`J FLOGARD FILTER
PREPARED BY:
HARIYA INC
26121 Wallack Place
Loma Linda, CA 92354
(909)499-8270
MANOJ HARIYA R.C.E. 74429 DATE
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SHEET 01 OF 01
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