HomeMy WebLinkAboutContracts & Agreements_47-2025RECORDING 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# 2025-0061300
03/2112025
Titles:1 Pages:10
01:36 PM
SAN
Fees
$0.00
Taxes
$0.00
C9229
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)
0293-141-40,0293-132-01
THIS AGREEMENT is made and entered into this iL
.`e' 15r day of e LT , 2025, by
and between KL LB BUY 4 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 Canyon Ranch and filed as Tract 20402 (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 infiltration basin (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 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 4 LLC, a 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 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. 0293-141-40 and
0293-132-01, 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.
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 Tricia Tiernan -- Authorized
City of Redlands Signatory KL LB BUY 4 LLC
P.O. Box 3005 225 Liberty St, Ste 4210
Redlands, CA 92373 New York, NY 10281
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:
co<_�_LA)Q 411rnl���
Charles M. Duggan 7r., tty Polanager
Attest:
JeA<e Donaldson, City Clerk
Tricia Tiernan — Authorized Signatory
KL LB BUY 4 LLC, a Delaware Limited
Liability Company
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 oeour-,.VAO
County of 6mvn
I
On M4l'6,4 Zi I before me, JGvtr,1 -C✓ MAC as , Iyotkfy Pit1iL1L
Date Here Insert Name and Title of the Officer
personally appeared ( v��5 �Ls algvl, �r. 4K6( J<J,AVJKC, �yvtuloi5�v1
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name,) is/are subscribed
to the within instrument and acknowledged to me that he/she/tom executed the same in his/herltheir
authorized capacity(ies), and that by his/her/their signatures) on the instrument the persons), or the entity
upon behalf of which the person acted, executed the instrument.
JENNIFER MACIAS
Notary Public - Cahfornialamy
San Bernardino CountyCommission # 2388813
Comm, Expires Dec 31, 2025
Place Notary Seal andlor 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')
Si tore of Notary Public
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attache
Title or Type of Document:
Document Date:
ument
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other.
Signer is Representing:
❑ Attorney in Fact
❑ Guardian or Conservator
02019 National Notary Association
Number of Pages:
Signer's Name.
❑ Corporate Officer
❑ Partner — ❑ Limited
❑ Individual
❑ Trustee
❑ Other:
Signer is Representing:
neral
❑ Attorney in Fact
❑ Guardian or Conservator
KL LB BUY 4 LLC - STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE
AGREEMENT- Assessor's Parcel Number(s) 4293-141-40, 0293-132-01
Notary Page
STATE OF ARIZONA
COUNTY OF MARICOPA
I, Julie Gillett, a Notary Public in and for the County and State aforesaid, do hereby certify that
Tricia Tiernan, Authorized Sig nq atocy of KL LB BUY 4 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 21st day of February , 2025,
o geea JULIE GILLETT
f Notary Public - slate ofAriwna
MARICOPA COUNTY
Commission # 635441
Expires August 05, 2026
`.. `R. zA
Notary Public
My Commission Expires: _08M 2026
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING
PARCEL 1 AND PARCEL 2 OF THE GRANT DEED RECORDED JULY 12, 1983, AS INSTRUMENT
NO. 83-154486, TOGETHER WITH PARCEL `A' OF LOT LINE ADJUSTMENT NO. 678,
RECORDED JANUARY 20, 2023, AS DOCUMENT NO. 2023-0014816, ALL OF OFFICIAL
RECORDS OF SAID COUNTY, LYING WITHIN SECTION 32, TOWNSHIP 1 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
AND RIGHTS -OF -WAY OF RECORD, IF ANY.
PREPARED BY: PROACTIVE ENGINEERING CONSULTANTS
l'� 00J. til0OF
U 5�i1
*, L.S.9106 %*
UNDER THE DIRECTION OF:
CHARLES . MOORE, L.S. 9106
JANUARY 14, 2025
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EXHIBI T "B," SHEET 2 OF 2
PARCEL 'A'
LLA NO. 678
INST. NO. 2023-0014816 O.R
REC. 01/20/2023
A PN: 0293-141- 40
ff
PARCEL MAP NO. 3670
P.M.B. 36/7
06 K
co1*
PARCEL 'B'
LLA NO. 678
SCALE: 1 "= 30'
EXHIBIT "C"
STORMWATER POLLUTION CONTROL DEVICES
Stormwater Pollution
r
r Devices
BMP
BMP or Pollution Latitude
Longitude
Maintenance
Frequency
4
Control Device
Provided By
Water Quality
34°02'39.89"N
117°13'01.09"W
HOA
Inspect twice
Basin (Detention /
annually, once
Infiltration Basin)
before and after
1
TC-1 I
the rainy season
and after
extreme storm
events.
Catch Basin
34002'39.07"N
117012'59.56"W
HOA
Annually
Stenciling (Three
2
Catch Basins)
SD-13
Catch Basin
34°02'36.79"N
117012'59.38"W
HOA
Annually
Stenciling
3
(Two Catch
Basins)
SD-13
Catch Basin
34002'39.55"N
117°13'02.11"W
HOA
Annually
Stenciling
4
(One Catch
Basin)
SD-13
5
6
7
8
9
91
200 100 0 200 400 600
SCALE: 1"=200'
CANYON RANCH
BMP MAP - EXHIBIT D
PROWTU
ENGINEERING CONSULTANTS 3/3/25
1