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HomeMy WebLinkAboutContracts & Agreements_36-2016 Recorded in Official Records, County of San Bernardino 211612016 BOB DUTTON 4:31 PM ic RECORDING REQUESTED BY S^N�NARD1""" ASSESSOR — RECORDER — CLERK SRN AND WHEN RECORDED MAIL TO: �'���' " C Priority Mail CITY CLERK Doc#: 2015—0059593 Titles: 1 Pages: 7 CITY OF REDLANDS Fees 0.00 P.O. BOX 305 Taxes 0.00 REDLANDS,CA 92373I Other e.00 11111111111111111111111111111111111 PAID 50.00 FEES HOT REQUIRED SPACE ABOVE THIS LI7VE FOR RECORDER'S USE PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0167.251-27 THIS AGREEMENT is made and entered into this 9TH day of FF_DK4H,( , 20_[(c� by and between REDLANDS DYNASTY 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 7-Eleven at 1256 Orange Street and filed as CRA 869 (Rev 1) (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 Porous Pavement (the "Devices") to minimize pollutants in urban stormwater runoff, and WHEREAS, the Devices have been installed in accordance with plans and specifications approved by the City; 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 City of Redlands Agreement Version NOVEMBER 2013 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 REDLANDS DYNASTY LIMITED PARTNERSHIP 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 Iaw, 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. 0167-251-27, 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. Ire 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. City of Redlands Agreement Version NOVEMBER 2013 G. 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 OWNLR City Engineer C/O Mario Chang City of Redlands Redlands Dynasty Limited Partnership P.O. Box 3,005 3 501 Hart Ave Redlands, CA 92373 73 Rosemead, Ca 91770 9. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I O. 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: OWNER: X�A ( I/V Paul W. Foster, Mayor Ma *6 Chang Ma Dynasty Limited P nership Attest* Sam Irwi1T'/C' 4y Clerk City of Redlands Agreement Version NOVEMBER 7.013 ALL CAPACITY ACKNOWLEDGMENT A notary public or other officer comp4efing 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 Cafifornia COUNTY OF San Bernardino -.1 1 On (- I '3 before me, Jeanne Donaldson, Deputy City Clerk (Date) (Name and title of the of icer) personally appeared Paull \A/. Foster and Sam Irwin (Name o[person signin who proved to me on the basis of satisfactory evidence to be the person s whose names i�ft bscribed to hi nstrument and acknowl ad to me that he/sh 'execute the s�ag 0i, e the within < l�mh TsPs hei uthorized rum capacit �es , and that by his/he the!§signatures) IN ent the person r the entity upon behalf of W Zth on the which the person -0 acted, execute the instrument. Ii 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. Al jk?0RA (P Signature of officer IF 0 Rev.01/0112015 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 California County of "q , 1,,,/1 ,,,,.,/ _s On _ c — / before me, T , Hc— (insert L(insert name and title of the officer) personally appeared �9 r'U G /1 H /7 who proved to me on the basis of satisfactory evidence- o be the person(4 whose namew ish-; - ' subscribed to the within instrument and acknowledged to me that he/sh4/ executed the same in his/Wftl�& authorized capacity, and that by his/or/thdr signatureK on the instrument the person($), 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. WITNESS my hand and official seal. LLOz`s�Av�r+ r A.LNnO0 S3130NVSOI a V1Nk10313V'J-',H78NAW10H B1avz4L#'Wvm 113AAV113H Tr Signature (Seal) J.T. HELLAWELL COMM.#2024B78 NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY My Comm.Expires MAY 16,2017 E EXHIBIT "B " PLAT MAP .A+8 40'30 E _ ---- AVENUE i i n3 E o N'LY UNE OF LOT' 24 OF E r MOSS AN RAUSCH ADDITION, I * i N I N N89'40 JO •O � I 3 �� ' I F. REAL PROPERTY GRANTED TO zszs e CITY OF REDLAND FOR N STREET RIGHT OF WAY PURPOSES, .�Y BE KNOWN AS LUGONIA AVENUE PER DEED RECORDED NOY 24, 1970 !N ,�a 3 ko BOOK 7560, PAGE 457, AND RECORDED -i RECORDED FEB 17, 1971 IN BOOK 7610, i PAGE .340, OR. N oLd I � Ld m d- 33' +n�*� �m o z �Q��o 2� 1 'Lz,, n °qQ z43ojuro a� xW� m9C ra}..tzL, [fly 0��2gbOp Zn�4��q awl i VE �I of SkY UNE OF LOT 21 OF ! �fROSS 5/38 BAUSCH ADDn7ON, E ' 112.97' I N89'38 26,c 126.97"