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HomeMy WebLinkAboutContracts & Agreements_198-2025RECORDING 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 REQUIRED Electronically Recorded in Official Records San Bernardino County Assessor -Recorder County Clerk DOC# 2025-0253186 10/20/2025 Titles:1 Pages:9 01:14 PM SAN Fees $0.00 Taxes $0.00 C5032 CA SB2 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) 0169-156-09, 0169-156-10, 0169-156-11, 0169-156-12, 0169-156-29, 0169-156-30, 0169-156-31, 0169-156-32 0169-156-13, 0169-156-14, 0169-156-15, 0169-156-16, 0169-156-17, 0169-156-18, 0169-156-19 0169-156-20 THIS AGREEMENT is made and entered into this 120day of l O0-i02; , 2025, by and between Balboa Park Properties, LLC, a Nevada 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 Stuart + Eureka at the northeast corner of Stuart Ave. & Eureka St and filed as CRA 974 (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 Contech CDS Hydrodynamic Separator and Contech 84" O Perforated Underground Retention 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 and referred to as the Water Quality Maintenance Plan; and Q:\24793 - Stuart + Eureka\LFA C\C E\O1 STORM\WQMP\Appendix E - O&M Agreement\Stormwater Treatment -Maintenance Agreement Template 6-23.docx DOC #2025-0253186 Page 2 of 9 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 Balboa Park Properties, LLC, a Nevada 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. 0169-156-09, 10, 11, 12, 29, 30, 31 & 32, 0169-156-13, 0169-156-14, 0169-156-15, 0169-156-16, 17, 18, 19 & 20. 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. Q:\24793 - Stuart + Eureka\LFA C\C E\01 STORM\WQMP\Appendix E - O&M Agreement\Stormwater Treatment -Maintenance Agreement Template 6-23.docx DOC #2025-0253186 Page 3 of 9 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 OWNER City Engineer Donald J. Berry, Jr., Manager Balboa Park Properties, LLC, a Nevada City of Redlands limited liability company P.O. Box 3005 P.O. Box 7538 Redlands, CA 92373 Redlands, CA 92735 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. DuRaan.d''r.,-�' ttest: Donaldson, City Clerk WNER: "/� )nald J. terry, Jr., ager ilboa Park Properties, LLC Nevada limited liability company 3y its manager, udson & Brown, LLC Nevada limited liability company Q \24793 - Stuart + Eureka\LFA C\C E\01 STORM\WQMP\Appendix E - O&M Agreement\Stormwater Treatment -Maintenance Agreement Template 6-23.docx DOC #2025-0253186 Page 4 of 9 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 San Bernardino on 10/20/2025 Date Personally appeared before me, Whitney A. Mesna, Notary Public Here Insert Name and Title of the Officer Charles M. Duggan Jr. and Jeanne Donaldson Name(s) of Signer(s) 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 instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. WHITNEY A. MESNA Notary Public - California 16my San Bernardino County Commission # 2516836 Comm. Expires Apr 10, 2029 Place Notary Seal Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of icial seal. Signature Signature of Notary Public --------------------------------------- -------------- 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 Agreement Document Date Number of Pages Signer(s) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name Corporate Officer—Title(s) Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing Corporate Officer—Title(s) Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing ©2014National NotaryAssociation • www.NationalNotarV.org •1-800-USNOTARY (1-800-876-6827) Item#5907 DOC #2025-0253186 Page 5 of 9 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 County of On San Bernardino I October 14, 2025 Date personally appeared before me, Veronica Burgess, Notary Public Here Insert Name and Title of the Officer Donald J. Berry, Jr. Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s�is/ax subscribed to the within instrument and acknowledged to me that he/sh6ft4ey executed the same in his/Kr/tF & authorized capacitypg), and that by his/ r/tWr sgnature.W on the instrument the person(s), or the entity upon behalf of which the person, 4 acted, executed the instrument. VERONICA BURGESS Notary Public - California 10'y San Bernardino County Commission # 2516295 Comm. Expires Apr 29, 2029 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. Signatur Signature of Zary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ ral ❑ Individual Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Representing: 02019 National Notary Association ber of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other - Signer is Representing: DOC #2025-0253186 Page 6 of 9 WQMP EASEMENT EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. LOTS 10, 11, 12, 13, 14, 15, 16 AND 17 TRACT 3632, KRONAGE SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 47, PAGE 37 OF MAPS, RECORDS OF SAID COUNTY (APN: 0169-156-09, 10, 11, 12, 29, 30, 31, AND 32) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE NORTH HALF OF LOT 28, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, AS PER PLAT RECORDED IN BOOK 7, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY (APN: 0169-156-13) PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF LOT 28, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY (APN: 0169-156-14) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE NORTH HALF OF LOT 28, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY (APN: 0169-156-15) LOTS 25, 26, 27, 28, 29 AND 30 OF TRACT 2083, 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 RECORDER OF SAID COUNTY (APN: 0169-156-16, 17, 18, 19 AND 20) DOC #2025-0253186 Page 7 of 9 0 D=83'49'52" R=25.00' L=36.58' EXHIBIT B SHEET 1 OF 1 N I HIGH AVE N i w I , N89'38'47"E 139. 189.90' �— NO'20'18"W 18.98' NO'18'27"W APN —N89'29'12"E 112.98' 32.92' APN I ( 0169-16-09 0169-156-29 I — — — — — — — — — — — — — APN 0169-156-10 0169A 56-20 I 1 I APN I I — — — — — — — — — — I 0169-156-30 I------------- � �— ---------I I I IAPN APN I I 0169A156-11 I 0169-156-31 I I APN I — — — — — — — — — — — — 0169-156-19 i-------------� APN APN 0169-156-12 I 0169-156-32 I � � —'j'D=6'07'59"--------------r--- �-- --L---T--------- ,/rR=348.79' I I I —+ 1 L=37.33' I I I ^lD 1 I I 3 ^ iq. i PN D169A156-15 i APN 1 �p 0169-156-14 1 APN I to p per' I p^ I I 0169-156-13 I N O^ I I Lto Z I I NO'24'48"W I � I f I 2.00' N89'41'11 "E 399.38' I N 89'41' 11 "E 10.06' STUART AVE �- INDICATES WQMP EASEMENT AREA N 0 M M SCALE: 1 " = 70' CASE Engineering and Consulting DOC #2025-0253186 Page 8 of 9 EXHIBIT "C" STORMWATER POLLUTION CONTROL DEVICES Stormwater Pollution 1 1 Devices BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By MP-51 — Vortex Separator 34.06038 -117.18626 Owner Annually l (Contech CDS Hydrodynamic Separator ) TC-10 — Infiltration Trench 34.06038 -117.18616 Owner Annually 2 (Contech 84" 0 Perforated Underground Retention System) 3 4 5 6 7 8 9 10 Q:\24793 - Stuart + Eureka\LFA C\C E\01 STORM\WQMP\Appendix E - O&M Agreement\Stormwater Treatment - Maintenance Agreement Template 6-23.docx OOC#2O25-0253180 Page SofQ EXHIBIT D BMP LOCATION MAP -----'------------ � EUREKA ST z 0 30' 60'