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HomeMy WebLinkAboutContracts & Agreements_15-2008Electronically Recorded In Official Records, County of San Bernardino Recording Requested By ,ac First American Title NHS r- 824 First American Title - Rancho LARRY WALKER Auditor/Controller Recorder AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS PO BOX3005 REDLANDS, CA 92373 Doc # 2008.0027833 11 1 11 1 11 loll 11 1 1!22!2008 1143 AM INC Titles 1 Pages 7 Fees 28.00 Taxes 00 Other 00 AID 28.00 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-163-05 THIS AGREEMENT is made and entered into this 15th day of January , 200`8, by and between Brookside L P , a California Limited partnership, Maunce 7 Monnig, Senior Vice President of Brentwood Retirement Communities Inc , General Partner of The Darlington Group L P , General Partner, Brookside L P , ("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 Villa Bonita and filed as Tract Map 17962 (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 Treatment Control Devices (Infiltration Basin) as shown on the Water Quality Management Plan filed with the City of Redlands (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 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, City of Redlands Agreement Verslon January 2007 Recording Requested By First American Title NHS AND WHEN RECORDED MAIL TO CITY CLERK CITY OF REDLANDS P O BOX 3005 REDLANDS, CA 92373 1$23S1Z l�1 SPACE ABOVE THIS LINE FOR RECORDER S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-163-05 THIS AGREEMENT is made and entered into this 15th day of January , 2008 by and between Brookside L P , a California Limited partnership, Maurice J Monnig, Senior Vice President of Brentwood Retirement Communities Inc , General Partner of The Darlington Group L P , General Partner, Brookside L P , ("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 Villa Bonita and filed as Tract Map 17962 (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 Treatment Control Devices (Infiltration Basin) as shown on the Water Quality Management Plan filed with the City of Redlands (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 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, City o1 Redlands Agreement Version January 2007 NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and Brookside L P , a California Limited partnership, Maurice J Monnig, Senior Vice President of Brentwood Retirement Communities Inc , General Partner of The Darlington Group L P , General Partner, Brookside L P 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 City's Public Works Director 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 No 0292-163-05 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 City of Redlands Agreement Version; January 2007 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 Public Works Director City of Redlands P 0 Box 3005 Redlands, CA 92373 OWNER Brookside L P , a California Limited partnership Maurice J Monmg, Senior Vice President of Brentwood Retirement Communities Inc , General Partner of The Darlington Group L P , General Partner, Brookside L P PO Box 11048 Palm Desert, CA 92255 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 wnting 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 REDLAND Harrison, Mayor Attest City of Redlands Agreement Version January 2007 OWNER M. ince J Mom -ug, Senior ice Presi.: t of rentwood Retirement Co s•� i i- , Inc , General Partner of The Darlington Group L P , General Partner, Brookside L P ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on January 16, 2008, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorne Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison, Mayor and Lorne Poyzer, City Clerk 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 California that the foregoing paragraph is true and correct { } {} WITNESS my hand and official seal LORRIE POYZER, CITY CLERK By Teresa Ballinger, Assistant City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company { } Partner(s) Partnership { } Attorney -In -Fact Pnncipal(s) { } Trustee(s) Trust { x } Other Title(s) Mayor and City Clerk Entity Represented City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW Title or Type of Document: Stormwater Treatment Device and Control Measure Access and Maintenance Agreement, APN 0292-163-05 Date of Document January 15, 2008 Signer(s) Other Than Named Above Brookside L P , by Maurice J Monnig, Sr Vice President of Brentwood Retirement Communities Inc, , General Partner of the Darlington Group L P , General Partner of Brookside L P ACKNOWLEDGMENT State of California County of . �., ,,,,,��,ri�JO On 96:3107 before me, c_)[%rNl tau, ?.1 et • VC ) /''' (here insert name and title of the officer) personally appeared 1 /nonn�`i� personally known to me ( -- • _ to be the person(.] whose name(,0 a subscribed to the within instrument and acknowledged to me that l JsheAh-eexecuted the same in his)'herftherauthorized capacity(ies), and that b hi he tr--signature(s) on the instrument the person( -s), or the entity upon behalf of which the person() acted, executed the instrument WITNESS my hand and official seal Sign LAUREL HUNT Commission # 1502356 Notary Public California San Bernardino County C My Comm Expires Jul 20, 2005 (Seal) EXHIBIT A LEGAL DESCRIPTION TRACT No 17962 PER MAP RECORDED IN MB 331 PAGES 5{-5o RECORDS OF SAN BERNARDINO COUNTY Legal Description Prep d By City of Redlands Agreement Version January 2067 Iv owl wr wax, Rr4.c ,r0 erl *1 E 4 144! a V-• cultoc DATA l &L o 44:4 t. 41 e4r i oa may I' 31bir 31m- • $_ i e3au- 1-M1. l 3135' CCI klre xa' 1 LOT 'A' J :>, .ca. am ,1.7L --M u —ate ¢ ql or 333 or? or 13330,rn TRACT NO. 17962 0 rwr, v ,x SC4Ar.314AP* Cr kW 41, 44 WV. 433,,Cr ru e([py©rWer 4 d ..r1 ..n 15 awe= a 11140.31,ne wow, 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