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Recorded in Official Records, County of San Bernardino 4105/2016
BOB DUTTON SGG AM '
Gav�rr"
ASSESSOR — RECORDER - CLERK SAN
RECORDING REQUESTED BY �'
w� C Priority Mail
AND WHEN RECORDED MAIL TO: ` .
Doc#: 2016-0125260 Titles: 1 Pages: 11
CITY CLERK
Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 Other 0.00
REDLANDS, CA 92373 PAID $0.00
FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0171-011-64
0171-161-18
0171-161-17
THIS AGREEMENT is made and entered into this '21V day of A�C�A _ , 2016,
by and between NYS/New, 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 Building NA, 371 New York Street, Redlands, CA 92373 and filed as CRA 825 Rev 9 (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 trenches and porous pavement(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
City of Redlands
Agreement Version NOVEMBER 2013
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 Owner 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 as described in Exhibits A and B ("Access Area") (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(3 0)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, and attorneys' fees twenty (20) days after the Owner's receipt of the
notice of expense until paid in full.
4. This Agreement affects the portions of County of San Bernardino Assessor's Parcel Nos.
0171-011-64, 0171-161-17 and 0171-161-18 as described in Exhibits A and B, 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.
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
City of Redlands
Agreement Version NOVEMBER 2013
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 shallremain the personal
obligation of such owner.
7. Time is of the essence in the performance of this Agreement.
S. 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 Patty as set forth in this paragraph.,
CITY O"ER
City Engineer NYS/NEW LLC
City of Redlands Attn: Veronica Burgess
P.O. Box 3005 P.O. Box 7538
Redlands, CA 92373 Redlands, CA 92375-0555
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 REDL.ANDS,:_,,, OWNER:
NYS/NEW, LLC, a California limited
Paul W. Foster, Mayor liability company
By its Manager:
Judson & Brown LLC,
a Nevada,limited liability company
Attest:
By
Name: Donald J. Berry,Jr.
/
Title: Manager
Sain Ircity Clerk
A� ,"
.ir "I . -
City of Redlands
Agreement Versm NOVEMBER 2013
ALL CAPACITY 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 docurnent.
STATE OF California
COUNTY OF San Bernardino
On March 29, 2016 before me, Jeanne Donaldson, Deputy City Clerk
(Date) (Name and Rio of the,afficer)
personally appeared Paul W. Foster and Sam Irwin
(Narne of person siger)jn
who proved to me on the basis of satisfactory evidence to be the persons' whose raime(��) ijZ�;�ubscribed to
the within nstrument and acknaM ed to me that,harsh i 6" execute3the sag in N � ��qfh."
his -ii he
t . _�ilfUthorized
capacities, and that by his/her(tnhei signature s) on the ins`;�Yullment the pers 's , or he entity upon behalf of
W
Much the person 01; acted, executed the instrument.
I certify under PENALTY OF PERJURY under the iaws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
N\1
4A.
.P OWORA7j��- (P
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Signature of officer = %.%
IF004 NN
Rev.0 1/0 1 i2015
CALIFORNIA LL® Vim' L G T" CIVIL,CODE§ 1189
A notary public or other officer completing this certificate verifies €artily 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 03110/2016 before me, Veronica Burgess Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Donald J. Berry, Jr.
Name(s) of Signer(s)
who proved to ime on the basis of satisfactory evidence to be the person(s)' whose names) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their"authorized capaci'ty(ies),and that by his/her/their signature(s)on the instrument the person(6),
or the entity upon behalf of which the persor;(.s�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,
VERONICA BURGESSWITNESS my d and official seal,
r Commission # 1994360
Notary Public California
San Bernardino County
Si7 gym.
gnatur
My Comm.Expires Nov 15,2016
Signature of Notary Pu lic
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: .....r_. _r. Document Dade
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _. 1'gner°s Name:
17 Corporate Officer — Title(s): ❑ Corporate Officer — Title(s).
E] Partner — 0 Limited E-1 General . 0 Partner — ❑ Limited El General
U Individual Cl Attorney.,in-F"act ❑ Individual [_J Attorney in Fact
*Trustee El guar an or Conservator El, I Guardian or Conservator
❑'Other: '' El Other:. _
Signer Is,,.Be r senting: Signer Is Representing:
•�, a,e.acs,°v ���.w.,s��;:.�^zx ,,aa,F.�,...,apt „r.��,;,w..��c..,w.a�.s��r„;a^,�r;rP�,ani.^�:c,„.� ;^Y.� a,�v�F+.,��wb� .�r;r.:c"^�i�r.a,r�s;;�r�� � it;,TM'�z
02914 National Notary Association www.NationaiNotary.org 1-860-US NOTARY(1-800-876-6827) Item #5907
EXHIBIT "A"
LEGAL DESCRIPTION
WQMP MAINTENANCE EASEMENT
BEING A PORTION OF PARCELS 2 AND 3 OF PARCEL MAP NO. 18165,IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,FILED IN BOOK 233 OF PARCEL MAPS,AT
PAGES 54 THROUGH 56 INCLUSIVE AND A PORTION OF BLOCK 26 OF THE BARTON RANCH MAP,IN
THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,FILED IN BOOK
6 OF MAPS,AT PAGE 19,BOTH MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF NEW YORK STREET AND PARK AVENUE
AS SHOWN ON SAID PARCEL MAP NO. 18165;
THENCE SOUTH 00043'15"EAST ALONG THE CENTERLINE OF SAID NEW YORK STREET,A
DISTANCE OF 315.15 FEET;
THENCE SOUTH 89016'45"WEST A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY LINE OF SAID NEW YORK STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00"43'15"EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF
254.46 FEET;
THENCE SOUTH 89°20'22"WEST A DISTANCE OF 33.89 FEET;
THENCE NORTH 00038'48"WEST A DISTANCE OF 127.15 FEET;
THENCE NORTH 89032'24"WEST A DISTANCE OF 28.07 FEET;
THENCE SOUTH 70°5I'19"WEST A DISTANCE OF 142.96 FEET;
THENCE SOUTH 82028'26"WEST A DISTANCE OF 18.58 FEET;
THENCE NORTH 67003'17"WEST A DISTANCE OF 22.49 FEET;
THENCE NORTH 41036'57"WEST A DISTANCE OF 21.76 FEET;
THENCE SOUTH 75030'53"WEST A DISTANCE OF 32.77 FEET:
THENCE SOUTH 70023'16"WEST A DISTANCE OF 71.96 FEET;
THENCE SOUTH 19008'32"EAST A DISTANCE OF 73.54 FEET;
THENCE SOUTH 00057'19"EAST A DISTANCE OF 116.77 FEET;
THENCE SOUTH 70003'14"WEST A DISTANCE OF 301.52 FEET;
THENCE NORTH 00011'34"WEST A DISTANCE OF 102.06 FEET;
THENCE NORTH 70003'14"EAST A DISTANCE OF 282.81 FEET;
THENCE NORTH 21052'25"WEST A DISTANCE OF 91.56 FEET;
THENCE NORTH 19057'59"WEST A DISTANCE OF 53.81 FEET;
Page[of 2
0AProjectAl 189-HSR11l W-0135 Building NAILEGAL DESCRIPTl0NSAVQMP LEGAL DESCR1PT70N.doc
EXHIBIT "A"
LEGAL DESCRIPTION
WQMP MATNTENANCE EASEMENT
THENCE NORTH 69"'44'40"EAST A DISTANCE OF 27.51 FEET;
THENCE NORTH 66"05'17" EAST A DISTANCE OF 1632 FEET;
THENCE NORTf 170`0 1'54"EAST A DISTANCE OF 322.81 FEET;
THENCE NOR'I'H,74"46'21"EAST A DISTANCE OF 47.89 FEET;
THENCE SOUTH 20"42'45"EAST A DISTANCE OF 0.84 FEET;
THENCE NORTH 67"48'59"EAST A DISTANCE OF 0.84 FEET;
THENCE NORTH 64"4425"EAST A DISTANCE OF 1.41 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 1.63 ACRES MORE OR LESS
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS
REFERENCE MADE A PARI'HEREOF,
THIS LEGAI.,,T =,SCRIP�tON WA, PREPARED BY ME OR UNDER MY DIRECTION. LAIVD
NO
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RIC, ARD S. FUVONG, P,L,S, 8422`,PATE CL NO. 8422
Page 2 of2
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EXHIBIT of B pf SHEET I OF 2
NOT TO SCALE INDICATES EASEMENT AREA
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Exhibit C
Stormwater Pollution Control Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
# Device (DD) (DD) Provided By
Infiltration Trench (East Side of 34.05775 -117.19593 NYS NEW,LLC Quarterly
1 Building) [TC-10]
Infiltration Trench (West Side of 34.05745 -117.19706 NYS NEW, LLC Quarterly
2 Building) [TC-10]
Infiltration Basin Area 2 (Porous 34.05797 -117.19648 NYS NEW,LLC Quarterly
3 Pavement) [SD-20]
Infiltration Basin Area 3 (Porous 34.05795 -117.19688 NYS NEW,LLC Quarterly
4 Pavement) [SD-20]
5
6
7
8
9
10
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