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HomeMy WebLinkAboutContracts & Agreements_170-2022CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 Electronically RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE CAS 08/24/2022 Title STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-281-39 THIS AGREEMENT is made and entered into this �Qday of A V46V , 20g by and between Property One, LLC, A California 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 3`a Street Retail — North side of Al Harris Lane at 3rd Street, Redlands, CA 92374 and filed as CRA No. 924 (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 Pervious Concrete Pavement and a bioretention basin without an underdrain 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 Clry of Redlands RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 FEES HOT REQUIRED PER 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) 0169-281-39 THIS AGREEMENT is made and entered into this Z_Sday of A U�Fu5- , 20g, by and between Property One, LLC, A California 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 3rd Street Retail — North side of Al Harris Lane at 3rd Street, Redlands, CA 92374 and filed as CRA No. 924 (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 Pervious Concrete Pavement and a bioretention basin without an underdrain 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 City of Redlands 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 Property One, LLC, A California 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. 0169-281-39 , 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 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 Dave Atchley Property One, LLC, a California limited City of Redlands liability company P.O. Box 3005 380 New York Street Redlands, CA 92373 __ _ _ Redlands, CA-92373 - -- - - 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 IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: Charles M. Duggan 3r., City nager Attest: C�� '�_ a""� _1/ J a We Donaldson, City Cleric City of Redlands OWN , /- / �/;, ave Atchley, Facilities Ma ager Property One, LLC A California limited liability company CALIFORNIA• • • •s 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 . /5%2G,-�;Z before me, Date personally appeared Veronica Burgess, Notary Public Here Insert Name and Title of the Officer Dave Atchlev Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person_W(whose names/pms subscribed to the within instrumen . and acknowledged to me that he/gWtlWexecuted the same in his/06r�/thoif authorized capacity(i ), and that by his/befAhl5ir signatureKon the instrument the personal, or the entity upon behalf of which the person(STacted, executed the instrument. VER Pula c9UCa lamia jan Bernardino County County MSB4CaISExpires APE2415 Place Notary Seal Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mnd and official seal. Signatur �/ r Signature of Notary P66lic, 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: Signer(s) Other Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Tit ❑ Partner — ❑ Limit d- El General El individual _-TAttorney in Fact ❑ Trusteei ❑Guardian or Conservator ❑ Otlaef Is Representing: ment Date: Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 GjGtV1 Der-y1a'A'-&--, On AW)Gf OZZ before me, kiV1 �cr 144Ua5, Al�ht✓�I- 7C�h1rG- Date Here Insert Name and TitkPbf the Officer personally appeared qrL4 ��VvLe- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose nameg is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the samein hWheuhe':r authorized capacity ies), and that by his/her/their signatureW on the instrument the person(q, or the entity upon behalf of which the person, 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. *my JENNIFER MACIA5 WITNESS my hand and official seal. Notary Pv6licCalifornia San Bernardino CountyCommission # 2388813 Comm. Expires Dec 31. 2025 Signature ignature 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: A2ymwakr 2A6uw�, �vf'�G rr �, ind Y,(4,nkvzarl� �/✓.u�� Document Date: Number of Pages: 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 ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: cC2016 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 WQMP EASEMENT EXIIMIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. PARCEL 2 OF PARCEL MAP NO.9560, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 103 OF PARCEL MAPS, PAGE 72, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALL AS SHOWN ON EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. C 9 -3 ZL RICHARD S. AURLONG P.L.S. DATE OW 0: ,,pL LAND S� S. �s r o No.8422 Ei d�xqTF OF 4�F���\� \\ CA // Page I of 1 EXHIBIT "B" SHEET 1 OF 1 F PARCEL 3 N89'46'11"E 625.00' PARCEL MAP NO 9580 PARCEL 2 P.M.B. 103/72 N88'56'05"E 56.43' S89'46'11"W 493.58' w w U) o� o' z IFS - INDICATES EASEMENT AREA R& ARD S. RLONG, P.L.S. 422 DATE AL HARRIS LANE i N %fi O n N89'53'22"E z r _75.0o' ) F- w la.l c w U z 0 LAND 5 . F SG�G CL SCALE. ? ] CD N0. 8422 s CASC TgJ f OF CAL1�O���P Engineering and Consulting Exhibit C Stormwater Pollution Control Devices ormwater Pollution ControlDevices BMP BMP Pollution Control Latitude Longitude Maintenance Frequency # Device Provided By Pervious Concrete 34,05796 -117.18397 Property Prior to rainy Pavement One, LLC season; 48 hours after rain IA events; Vacuum sweep twice/year minimum GRAPHIC SCALE 30 0 15 30 60 I" __ 30,