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HomeMy WebLinkAboutContracts & Agreements_160-20257/31/25, 10:20 AM Batch 19609452 Confirmation RECORDING REQUESTED BY: MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT CITY OF REDLANDS WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 FEES NOT REOUIRED Electronically Recorded In Official Records San Bernardino County Assessor -Recorder -County Clerk DOG# 2025.0181188 0713112025 Titles:1 Pages: 11 10:08 AM SAN Fees $0.00 Taxes $0.00 T1505 CA S82 Fee $0.00 Total $0.00 (THIS SPACE IS FOR RECORDER'S USE ONLY) SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-011-39,0169-011-38 THIS AGREEMENT is made and entered into this Tuesday day of October 3, 2023, by and between CARMAX AUTO SUPERSTORES INC., a Virginia 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 CarMax Redlands Project at 1125 New York Street and filed as CUP 1179 (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 a Detention Basin BMP (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 property, are private facilities responsibility of the Owner; and being installed on private property and draining only private with all maintenance or replacement therefor being the sole https:/Igs.secure-erds.com/BatchiConflrmation/I9609452 1/2 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 CARMAX AUTO SUPERSTORES INC., a Virginia corporation 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. 0169-011-39, 0169- 011-38 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. 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. 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 Steve Hudak CarMax Auto Superstores, Inc. a Virginia City of Redlands corporation P.O. Box 3005 12800 Tuckahoe Parkway Redlands, CA 92373 Richmond, VA 23238 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: M. Duggan Jr', e e Donaldson, City Clerk ,AVP' and Design lax Auto Superstores a Virginia Corporation APVrwed by CarMax Legal CALIFORNIA ALL-PURPOSE 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 t ?)U()&,(-Ok_A On �) t " /�Z`' before me, �.r +C +1 t ((�Jl��r d V Q+yx �4 P I b U C Date `Mere Insert Name and Title of the fficer personally appeared 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. CHAY MILLER W� Notary Public - California San Bernardino County +` Commission # 2482700 My Comm. Expires Feb 23, 2028 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 eZALA UWA GLal� Signa e of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: J Corporate Officer — Title(s): I Partner — I_I Limited General Individual _1 Attorney in Fact J Trustee -1 Guardian or Conservator -1 Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): I Partner — _I Limited - General Ji Individual —1 Attorney in Fact 1 Trustee 'I Guardian or Conservator I Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ALL CAPACITY 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 Ii2C_ziNt i' COUNTY OF (200(- is t- QD On before me, (Date) (Name and title of they officer) personally appeared 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 of officer Rev. 01/01/2015 ++++NU++rrrr ++ r 2 MY C� COMMISSION n ' NUMBER 'I - :• 7888180 T H 0 'rrrrr+++++ (Seal) DOC #2025-0159658 Page 2 of 6 EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: 2-1zli341111il_16 PARCELS B AND C AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT #484 AS EVIDENCED BY DOCUMENT RECORDED NOVEMBER 12, 2004 AS INSTRUMENT NO. 2004-0822479 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 5 OF PARCEL MAP NO. 15492, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 192, PAGES 4 THROUGH 8, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH PARCEL 1 OF PARCEL MAP NO. 2157, AS PER MAP FILED IN BOOK 20, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETHER WITH THE NORTHERLY 290.38 FEET OF PARCEL 1 OF PARCEL MAP NO.2158, AS PER MAP FILED IN BOOK 20, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID 290.38 FEET MEASURED PERPENDICULAR TO THE NORTHERLY PARCEL LINE OF SAID PARCEL 1. CONTAINING 811,378 SQUARE FEET OR 18.627ACRES, MORE OR LESS. Prepared under my supervision: tl(*t LS. nao D. DuPont, L.S. 7780 Date: 04/03/2025 Sheet 1 of 1 EXHIBIT "Brr DOC #2025-0159558 Page 4 of 6 I� 5 POR. PARCEL 1 PMB 47/53-54 12 \\"10 i2 10' 8 g h 1 S692536'£ 8 1.94' —J� — — — — — I E'L Y LINE OF PARCEL L5 5, PUB 19214-8 AND PARCEL C 2 \\ WLY LINE OF PARCEL 1NST. NO. Cl \\� i, PMB PARCEL 2004-0822479 D.R. PM81921-8 A.P.N. 0169-011- „ r, 4 PARCEL A e� 01 100, 20 6, SCALE: 1"=3U LINE TABLE LINE # DIRECTION LENGTH L1 S892536`£ 311.13' L2 N898'40"W 24.00' Li SOO'00'580E 29.32' L4 SOOV2'28 £ 290.38' L5 N1642'40'W J4.30' L6 NOOb03B'W 252.00' CURVE TABLE CURVE # RADIUS DELTA LENGTH Cl J000.00' 14830" 94.68' 811,378 SQ. FT 18 18.627 ACRES ��� 1 LOrL1NE TO P pR 8E REMOVED F TNLY LINE OF PARCEL 1, PMB 2 20/46 ANO SLY LINE OF Qb PARCEL 1, PUS 20/JJ QI A.P.N. 0169-011-38 PARCEL B INST. NO. 2004-0822479 O.R. �1 N6958'40"W 758.84' P�R�E PARCEL A INST. NO. J2' 2004-0822479 O.R. LEGEND - -- CENTERLINE - - - - - EASEMENT LINE - - - EXIS17NG LOT LINE TO BE REUt LOT LINES PER RECORD MAPS REFERENCED IN LEGAL DESCRY PROPERTY LINE RIGHT-OF-WAY LINE A.P.N. ASSESSOR'S PARCEL NUMBER SHEET 2 OF 3 BROCKTON -LJ AVENUE F- W �' I Job No. 22708 Drawn By: CE SURVEYING, INC. 411 JENKS CIRCLE, SUITE 205, CORONA, CA. 92878 PHONE: 951-28D-9960 FAX: 951-280-9746 www.calvada.00m EXHIBIT 'rB" DOC #2025-0159558 Page 5 of 6 EASEMENT NOTES BASED UPON TITLE REPORT NO. OD180961-987-OC1-DJ4, DATED SEPTEMBER 18, 2024 AS PREPARED BY CHICAGO TITLE COMPANY, OTHE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM INTERSTATE 10 ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY DOCUMENT RECORDED JANUARY 27, 1961 IN BOOK 5327 PAGE 572, OF OFFICIAL RECORDS. (PLOTTED HEREON) ® EASEMENT AND RIGHTS INCIDENTAL THERETO FOR SEWER TO THE STATE OF CALIFORNIA, AS SET FORTH IN A DOCUMENT RECORDED SEPTEMBER 11, 1963 IN BOOK 5985 PAGE 252, OF OFFICIAL RECORDS. SAID EASEMENTS WERE QUITCLAIMED TO THE CITY OF REDLANDS BY DOCUMENT RECORDED NOVEMBER 29, 1967 IN BOOK 6932 PAGE 186, OF OFFICIAL RECORDS. (PLOTTED HEREON) O6 RIGHTS OF ACCESS TO OR FROM INTERSTATE 10 ADJACENT TO THE LAND WERE RELINQUISHED OR SEVERED AS DISCLOSED ON SAID MAP, SEPTEMBER 11, 1963 IN BOOK 5985 PAGE 252, OF OFFICIAL RECORDS. SAID DEED FURTHER CONTAINS A WAIVER IN FAVOR OF THE STATE OF CALIFORNIA, OF ANY CLAIMS FOR DAMAGES TO SAID LAND BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OF A HIGHWAY OR FREEWAY CONTGUOUS THERETO, (PLOTTED HEREON) O7 THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM INTERSTATE 10 ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY DOCUMENT RECORDED SEPTEMBER 22, 1978 IN BOOK 9523 PAGE 751, OF OFFICIAL RECORDS. (PLOTTED HEREON) �8 EASEMENTS FOR SEWER AND APPURTENANCES PURPOSES IN FAVOR OF CITY OF REDLANDS, A MUNICIPAL CORPORATION, ITS SUCCESSORS AND ASSIGNS, RECORDED FEBRUARY 20, 1980 AS INSTRUMENT NO. 80-043742. OF OFFICIAL RECORDS. (PLOTTED HEREON) OEASEMENTS FOR SEWER PURPOSES AND RIGHTS INCIDENTAL THERETO, AS DELINEATED ON OR AS OFFERED FOR DEDICATION ON PARCEL MAP NO. 15492. (PLOTTED HEREON) 12 EASEMENT FOR UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS PURPOSES AND RIGHTS INCIDENTAL THERETO, RECORDED MAY 2, 2001 AS INSTRUMENT 20010167046, OF OFFICIAL RECORDS. (PLOTTED HEREON) 13. EASEMENT FOR POLE LINES PURPOSES, IN FAVOR OF VERIZON CALIFORNIA INC., A CORPORATION, RECORDED JUNE 28, 2001 AS INSTRUMENT NO. 20010252832, OF OFFICIAL RECORDS. (EXACT LOCATION CANNOT BE DETERMINED. 150 FEET ON EACH SIDE OF FINAL PLANT FIXTURE LOCATIONS.) 16 EASEMENT FOR SEWER PIPELINE AND APPURTENANCES, INGRESS AND EGRESS PURPOSES, IN FAVOR OF CITY OF REDLANDS, A MUNICIPAL CORPORATION, RECORDED OCTOBER 28, 2004 AS INSTRUMENT NO. 2004-0786778, OF OFFICIAL RECORDS. (PLATTED HEREON) !8 EASEMENT FOR ROADWAY, INGRESS AND EGRESS FOR VEHICULAR OR PEDESTRIAN TRAFFIC PURPOSES, IN FAVOR OF CITY OF REDLANDS, A MUNICIPAL CORPORATION, RECORDED FEBRUARY 9, 2005 AS INSTRUMENT NO. 2005-0097209, OF OFFICIAL RECORDS. (PLOTTED HEREON) CA SHEET 3 OF 3 Job No. 22708 Drawn By: CE SURVEYING, INC. 411 JENKS CIRCLE, SUITE 205, CORONA, CA. 92878 PHONE: 951-280-9960 FAX:951-280-9746 www.calvada.com EXHIBIT "B" DOC #2025-0159558 Page 3 of 6 POR. PARCEL 1 PMB 47153-54 S8925'J6 E 831.94' L1 E'LY LINE OF PARCEL 5, PMB 19214-8 AND PARCEL C W'LY LINE OF PARCEL INST. NO. 1 PARCEL PUB 35 2004-0822479 O.R. 55 a PMB i92/4-8 A.P.N. 0169-011-39 �- 20 _ PA_R_C_EL_"A" 811, 378 SQ. FT 18.627 ACRES corcrNE rn e PR BE REMOVED o L2� U1 +_ ' O w� `L N I Y LINE OF PARCEL 1, PMB �In 20146 AND S'L Y LLN£ OF ab PARCEL 1, PMB 20/33 OI N A.P.N. 0169-011-38 Q�QLZ o 17VST. NO. \ 2004-0822479 O.R. I w 0' 100' 200' scn 4 LINE TABLE LINE # DIRECTION LENGTH L1 S8925'36E 311,13' L2 N895840"W 24.00' L3 SOOVO58'E 29.32' L4 5001MWIE 290.38' L5 N1641'40"W 34.30' L6 NOOVO58"W 252.00' CURVE TABLE CURVE # RADIUS DELTA LENGTH Cl 3000.00' 1'48'30" 94.68' CRLVRDR l NU93U4U-W IMX4- PPg�E PARCEL A 1NST. NO. 2004-0822479 O.R. 32 LEGEND — — — CENTERLINE — — — EXIS77NG LOT LINE TO BE REMOVED LOT LINES PER RECORD MAPS REFERENCED IN LEGAL DESCRIP77ON PROPERTY LINE RIGHT—OF—WAY LINE A.P.N. ASSESSOR'S PARCEL NUMBER SHEET 1 OF 3 j BROCKTON .V�L3 AVENUE! i� �I JI 3 s4' Z 31' t & Mo f/v2s Job No. 22708 Drawn By: CE 41 CA.92878 PHONE:951-280-9960 FAK 951-280-9746 www.calvada.com STORMWA.TER POLLUTION CONTROL DEVICES Stormwater Pollution Control Devices I© M■ C e PLOT PLAN SITE ADDRESS INTERSECTION OF NEW YORK ST. AND BROCKTON AVE. AVE. GRAPHIC SCALE IN FEET 100 200 4