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Home My WebLink AboutContracts & Agreements_204-2012_CCv0001.pdf Recorded in Official Records, County of San Bernardino 12106/2012 DENNIS DRAEGER 9:09 AM RECORDING REQUESTED BY 00"°co NC a�r+exRw,R mlq ASSESSOR - RECORDER - CLERK City Clerk, Redlands AND WHEN RECORDED MAIL DOCUMENT AND P Counter TAX STATEMENT TO DOC#: 2012-0520793 Titles: 1 Pages: 7 MUE City Clerk Fees 0.00 STREET City of Redlands ?axes 0.00 ADORESS 0.00 Ot, e PO BOX 3005 ?aior X0.00 My,STATE a Redlands CA 92373 DPCODE PEES NOT P ION 6103 CA Street Median Maint APN:0292-052-24 SPACE ABOVE FOR RECORDER'S USE ONLY Watson Land Co. AGREEMENT 101-h V RE 'A 'FOR A) 11m E- -01 1-61 R R liil U3E THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additiional Recording Fee Applies) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Office City of Redlands P.O. Box 3005 Redlands, CA 92373 And to: Watson Land Company 22010 Wilmington Avenue Carson, CA 90745 Attention: General Counsel (SPACE ABOVE FOR RECORDER'S USE) CALIFORNIA STREET CENTER MEDIAN MAINTENANCE FUNDING AGREEMENT (AFFECTS APN 0292-052-24) This street center median maintenance funding agreement ("Agreement") is made and entered into this 4th day of December, 2012 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Watson Land Company ("Watson"). City and Watson are sometimes individually referred to herein as a"Party" and,together, as the"Parties." WHEREAS, Watson is the developer of a building project, subject to County of San Bernardino Project No. P200800466/CUP, which is located on certain real property more particularly described in Exhibit"A"attached hereto (the "Watson Parcel"); and WHEREAS, Watson is funding a portion of the construction and landscaping of the California Street center median (the "Median") in conjunction with a private agreement with Redlands BC 700 LLC; and WHEREAS, Watson agreed to maintain the Median, at Watson's expense, for a period of twelve (12) months after the date of completion of the Median; and WHEREAS, upon completion of the Median and the one (1) year maintenance period, Watson has offered to pay the City the sum of Two Thousand Four Hundred Sixty One and 59/100 Dollars ($2,461.59) per year for continued full Median maintenance purposes in lieu of Watson annexing into the City of Redlands Community Facilities District No. 2004-1; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Watson agree as follows: Page I of 3 1:\ca\djin\Agreements\Watson I-and Co.California St Median Maintenance Funding Agmt,doc Section 1. In lieu of annexing into the City of Redlands Community Facilities District No. 2004-1 for the maintenance of the Median for County of San Bernardino Project No. P200800466/CUP, Watson shall pay annually to the City the sum of Two Thousand Four Hundred Sixty One and 59/100 Dollars ($2,461.59) (the "Annual Payment") commencing on July 5, 2013. Each payment shall be due and paid to the City by the fifth (5th) day of July for which it is made. From and after the Effective Date of this Agreement, City shall be responsible for all landscape, hardscape and amenity repair associated with the California Street center median. Section 2. The Annual Payment shall increase over time in accordance with City of Redlands Community Facilities District No. 2004-1. The rate of increase shall be increased by the percentage increase in the Consumer Price Index for Los Angeles-Riverside-Orange County (1982-1984 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater on July 1, 2005 for Fiscal Year 2005-2006 and on each subsequent July I for the Fiscal Year then commencing. Section 3. This Agreement represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, verbal or written agreements relating to such matters are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved and signed by City and Watson. Section 4. In the 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 attorney's fees, including fees for use of in- house counsel by a Party. Section 5. This Agreement and the rights, duties, obligations, covenants, benefits and burdens set forth herein shall be covenants running with the land in accordance with California Civil Code Section 1468 and shall be binding upon the Parties, and all future owners or encumbrancers of the Watson Parcel and their respective successors and assigns during their respective period of ownership. Section 6. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Page 2 of 3 1Aca\dJtn\Agreernents\Watson Land Co.California St Median Maintenance Funding Agmt-doc IN WITNESS WHEREOF, duly authorized representatives of the City and Watson have signed in confirmation of this Agreement. CITY OF REDLANDS WATSON LAND COMPANY By: ?IAt--t By: Pete Aguilar, Mayor rig Halverson Wee President,Acquisitions Watson Land Company ATTEST: By: Sam IrwinXity Clerk Page 3 of 3 1Aca\djnAAgreernents\Watson Land Co.Calitbmia St Median Maintenance Funding Agmt.doc ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF DLANDS 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 December 4, 2012, before me, Teresa Ballinger, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that they executed the same i4their authorized capacity(ics) and that by his4ter4their 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 any hand and official seal. ARTHUR S. IRWIN,CITY CLERK J, ....... By: 4Abo-q 1 1 z IMW" Teresa Ballinger,Eleputy City Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s)signing for onmiffihemrely es Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust jxj Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRI13ED BELOW: Title or Type of Document: California Street Center Median Maintenance Funding Agreement Date of Document: December 4,2012 Signer(s)Other Than Named Above: Craig B. Halverson, Vice President of Watson Land Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California //}} County of Lxt� t tY2�G On Nov. & a0/9, before me, �-•Saiidm Tim m NuhW_ Rt 6 l l c D ii�� Here Insert Name and TRIe of the Cf ' personally appeared lQ ate. d_&moY1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* whose name(e� is/ara subscribed to the within instrument and acknowledged to me that he/skeAhey4executed the same in his/4Q4414aix.authorized SAtY�RA Tt�l capacity(iee), and that by hisJ)&e the+r signature( on the Comrrdssion* 1859862 instrument the person(a), or the entity upon behalf of Notary Public-CaWornia which the erson acted, executed the instrument. Los Angeles County p (� My Comm.Expires Aug28,2413 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. Place Notary Signature Seal Above - Si a e o -Aetary Fuol4r OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:` Number of Pages: Signer(s) Other Than Nalw_d Above: Capacity(ies) Claimed by Si1ger(s) Signer's Name: �� _ Signer's Name: Individual Individual Corporate Officer—Title(s): .� Corporate Officer --Title(s): Partner—_ Limited __ General Partner-- __3 Limited General Attorney in Fact • ` Attorney in Fact Tobi of thmere ub h -•o of thumb here Trustee �trtee Guardian or Conservator GuaN�,n or Conservator Other: Other: << Signer Is Representing: Signer Is Representu, G 2007 National Notary Asscc,,r.n•9.250 De auto Ave..Po.Box 2402•Chatsworth.CA 91313-2402-www'NatFonalNotaryorg Item 4591)7 ReordeIITo9-Free t-PXJ0-876-6827 EXHIBIT A LOTS 4 AND 5 AND THE WEST ONE-HALF OF LOTS 3 AND 6, BLOCK 7, HENRY L. WILLIAMS TRACT, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 OF MAPS, PAGE 17, IN THE OFFICE OF THE COUNTY RECORDER. NOTE: AREA AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF ADJOINING STREETS AND ROADS.