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HomeMy WebLinkAboutContracts & Agreements_99-2026RECORDING 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# 2026-0166325 06/29/2026 Titles:1 Pages:9 04:36 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) 0168-291-02-0000 THIS AGREEMENT is made and entered into this 2JTf day of JU,967 , 20Z6, by and between TPG AG EHC III (LEN) CA 6, L.P., a Delaware limited partnership ("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 Madera at Citrus Trail, Northwest corner of Colton Avenue and Wabash Avenue and filed as Tract NO. 20571 (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 Underground Infiltration Systems and Catch Basin 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 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 C:\Users\CAdachi\Desktop\TR20571 Stormwater Treatment -Maintenance Agreement.docx DOC #2026-0166325 Page 2 of 9 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 TPG AG EHC III (LEN) CA 6, L.P., a Delaware limited partnership 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. 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. 0168-291-02-0000, 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. C:\Users\CAdachi\Desktop\TR20571 Stormwater Treatment -Maintenance Agreement.docx DOC #2026-0166325 Page 3 of 9 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 Steven Benson City of Redlands TPG AG EHC III (LEN) CA 6, L.P. P.O. Box 3005 8585 E Hartford Dr., Ste 118 Redlands, CA 92373 Scottsdale, AZ 85255 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. Duggan Jr., tity Manager Attest: Je a Donaldson, City Clerk OWNER- - ��/ Stever 5reVAO S. 5EN50K Manager of Essential Housing Asset Management, LLC, an Arizona limited liability company, the Authorized Agent of TPG AG EHC III (LEN) CA 6, L.P., a Delaware limited partnership C:\Users\CAdachi\Desktop\TR20571 Stormwater Treatment -Maintenance Agreement.docx DOC #2026-0166325 Page 4 of 9 CLEAR 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 06/29/2026 Date before me, Whitney A. Mesna, Notary Public Here Insert Name and Title of the Officer Personally appeared 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 instrumenttheperson(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. *my �iT � A. MESNA Notary Public - California San Bernardino CountyCommission # 2516836 Comm. Expires Apr 10, 2029 r 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 icial seal. Signature Signature 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) OtherThan 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 Other Signer Is Representing Signer's Name Corporate Officer —Titles) Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing .GCss�Sa^Grc:ri'<'�'c-<^;ccrr�^r te^c_r.-�.-�rcc ��-c�-r<=c.�rcr�c•.�rcr<4cc�.r�6 ©2014National NotaryAssociation • www.NationalNotary.org•1-800-USNOTARY (1-800-876-6827) Item#5907 DOC #2026-0166325 Page 5 of 9 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 Arizona County of ^,Q7�/�GooGi On toZZ3Z- G before me, Jrlt /r%lIi7C-tocGm,/- , a Notary Public, personally appeared Ve n f dlPn, PdA 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 Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. oQ ISE sTaT� OFFICIAL SEAL JAIME MARIEADAMS d NOTARY PUBLIC-ARIZONA MARICOPACOUNTY COMM # 686280 • t My Comm. Expires July 1, 2028 Signature DOC #2026-0166325 Page 6 of 9 EXHIBIT "A" LEGAL DESCRIPTION (APN: 0168-291-02) REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF REDLANDS, ACCORDING TO THE OFFICIAL GOVERNMENT PLATTHEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE IN MIDDLE LINE OF WABASH (FORMERLY EMERALD) AVENUE, DISTANT SOUTH 0°17' EAST (MAGNETIC VARIATION 15° EAST) 1975.7 FEET FROM AN IRON ROD AT THE INTERSECTION OF MIDDLE LINE OF LUGONIA (FORMERLY MENTONE) AND WABASH AVENUES; THENCE FROM SAID POINT OF BEGINNING, RUNNING MIDWAY BETWEEN THE 38TH AND 39TH ORANGE TREE ROWS NORTH FROM COLTON AVENUE, NORTH 89°45' WEST 655.7 FEET TO A 3 INCH STAKE; THENCE SOUTH 0°25' EAST 702.7 FEETTOAN IRON ROD IN THE MIDDLE LINE OF COLTON AVENUE; THENCE ALONG THE MIDDLE LINE OF SAID COLTON AVENUE NORTH 89°51' EAST 654.3 FEET TO A WOODEN STAKE AT INTERSECTION OF MIDDLE LINES OF WABASH AVENUE (FROM THE NORTH) AND COLTON AVENUE, SAID WOODEN STAKE BEING 35.15 FEET EAST OF STONE AT THE INTERSECTION OF THE MIDDLE LINES OF WABASH AVENUE (FROM THE SOUTH) AND COLTON AVENUE; THENCE ALONG THE MIDDLE LINE OF SAID WABASH AVENUE NORTH 0°17' WEST 698 FEETTO THE PLACE OF BEGINNING; EXCEPTING THEREFROM THE LAND NOW OCCUPIED BY THE CALIFORNIA CENTRAL RAILWAY COMPANY, ACROSS THE SOUTHEAST CORNER THEREOF, AS GRANTED BY DEED RECORDED MARCH 20, 1888 IN BOOK 69, PAGE(S) 553 OF DEEDS; ALSO EXCEPTING THEREFROM ANY PORTION THEREOF DESCRIBED IN CONVEYANCE EXECUTED BY THE ATCHISON, TOPEKA AND SANTA FIE RAILWAY COMPANY, A DELAWARE CORPORATION, SUCCESSOR IN INTEREST TO THE CALIFORNIA CENTRAL RAILWAY COMPANY, IN FAVOR OF SAN BERNARDINO ASSOCIATED GOVERNMENTS, A COUNTY TRANSPORTATION COMMISSION AND LOCAL TRANSPORTATION AUTHORITY, RECORDED MARCH 30, 1993 AS INSTRUMENT NO. 93-137041 AND MARCH 30, 1993 AS INSTRUMENT NO. 93-137043, BOTH OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED IN GRANT DEED EXECUTED BY VINEY SONI AND VANDANA SONI, TRUSTEES OF THE SONI REVOCABLE INTER-VIVOS TRUST, DATED MARCH 27, 1984, IN FAVOR OF CITY OF REDLANDS, A MUNICIPAL CORPORATION, RECORDED JUNE 7, 1999 AS INSTRUMENT NO. 99-240498 OF OFFICIAL RECORDS. DOC #2026-0166325 Page 7 of 9 EXHIBIT "B" PLAT MAP I ' PROJECT LIMITS/ w TRACT NO. 20571 Z BOUNDARY '1 > �� Q �m o� LOT 1 ,i y 9.002 ACRES, NEf AND GROSS PORAON OF SOUTHEAST 114, SEC. 24 r 1S, R.3W, S.B.M. I " L / W m 1 / CI � N p Z � COLT10N AVENUE _ CE 0 � QRAPH�C SCALE O 75 150 C IN FEET ) 1 Inch - 150 ft. DOC #2026-0166325 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 1 INF-7: Underground Infiltration 34.0639617220 -117.1403961207 HOA Quarterly (Center of Site) 2 INF-7: Underground Infiltration 34.0630272608 -117.1409661596 HOA Quarterly (Southwest Corner of Site) 3 Catch Basin Insert 34.0644168925 -117.1393050429 HOA Every 6 Months 4 Catch Basin Insert 34.0644192291 -117.1396761841 HOA Every 6 Months 5 Catch Basin Insert 34.0644216674 -117.1400640979 HOA Every 6 Months 6 Catch Basin Insert 34.0642905778 -117.1402905613 HOA Every 6 Months 7 Catch Basin Insert 34.0641377840 -117.1405332016 HOA Every 6 Months 8 Catch Basin Insert 34.0636843995 -117.1405373150 HOA Every 6 Months 9 Catch Basin Insert 34.0635821081 -117.1402969871 HOA Every 6 Months 10 Catch Basin Insert 34.0634490692 -117.1401157026 HOA Every 6 Months 11 Catch Basin Insert 34.0634468397 -117.1397613248 HOA Every 6 Months 12 Catch Basin Insert 34.0634445675 -117.1394003503 HOA Every 6 Months 13 Catch Basin Insert 34.0631994154 -117.1405417133 HOA Every 6 Months DOC #2026-0166325 Page 9 of 9 EXHIBIT "D" BMP MAP LS� F� I L-�tl �j I Lvl,; I O I I I i L-J —+ I IB P#4 I I ! I I C1SE i l I I j W T_� BIN RN RTiiW --}--+-�I - a --f -- -, BM61 CBI ER� B 7T --{------F-- --- ND INFI SON BMPj-- B CB INIERT T I $ MP B E T CB 3 I ER I-- -� F-� I ! BMP#2 UNDERGR0 i it i F— I i i INFILTRATI I i _-L J — F COLTON AVENUE _------- _ O y� CRAPH�C y SCALE 0 75 150 C IN FEET ) 1 Inch - 150 it.