HomeMy WebLinkAboutContracts & Agreements_151-2012_CCv0001.pdf Recorded In Official Records,County of San Bernardino 9/07/2012
RECORDING REQUESTED BY DENNIS DRAEGER DYM YM AM
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UP CODE
SPACE ABOVE FOR RECORDER'S USE ONLY
Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
PLR GOVERNMEN-1 CODE
SECTION 61,03
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0167-101-14
THIS AGREEMENT is made and entered into this 21 st day of Au ust, 2012, by and
between San Bernardino Valley Municipal Water District("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 Grading Plan for San Bernardino Valley Municipal Water District at 600 West San
Bernardino Avenue and filed as C.U.P. 979, (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 the infiltration basin (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
City of Redlands
Agreement Version November 2008
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 San Bernardino Valley Municipal
Water District agree as follows:
AGREEMENT
I 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. 0167-101-14,
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' tees, including fees for the use of in-
house counsel by a Party.
City of Redlands
Agreement Version November 2008
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 OWNER
City Engineer Douglas Headrick
San Bernardino Valley Municipal Water
City of Redlands District
P.O. Box 3005 380 East Vanderbilt Way
Redlands, CA 92373 San Bernardino, Ca 92408
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 REDLANDS: OWNER
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Pete Aguilar, Mayor Douglds Headrick, General Manager
Attest:
Sam lrw ,Icit§Clerk
City of Redlands
Agreement Version November 2008
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 September 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)istare subscribed to
the within instrument and acknowledged to me that he/sh&they executed the same in his4wAheir
authorized capacity(ies) and that by hi4her4their 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.
\00XI I I i!I fill/// WITNESS my hand and official seal.
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ARTHUR S. IRWIN,CITY CLERK
18133
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Teresa Ballinger,Deputy Ciiy Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneselVthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands
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 0167-101-14
Date of Document: August 21,2012
Signer(s)Other Than Named Above: Douglas Headrick, General Manager of San Bernardino Valley
Municipal Water District
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cmc CODE$1189
State of California
County of
On kv�VSf 27, 2Q/2-before me,
Date sert_ Here InName and Title of he Officer
personally appeared f C �CC.j /��
Name(s)of Signer s
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who proved to me on the basis of satisfactory
evidence to be the person(afi-whose name(.q�`is/am
subscribed to the within instrument and acknowledged
CYIIYlIIA L SKS to me that he/shettMy executed the same in
Com"itow i 1934M his/4eo4heir authorized capacity(ies), and that by
so CwAty hisA4ertttTgr- signature(< on the instrument the
%Cow^Exom Apt 29.201$ person( or the entity upon behalf of which the
personj(.aj'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 m"ndand ial seal.Signature:Place Notary Seal Above of Notary Public
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.
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Description of Attached Document
Title or Type of Document: Y / lr ✓i " `� �`or��}' �
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Document Date:— v t Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: '' S 1). 14eaJ iC, igner's Name:
Corporate Officer—Title(s : CEX"41 ,�u-'/ Corporate Officer—Title(s):
Individual Individual
Partner—- Limited General "?Partner—;__: Limited General ,f
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Attorney in Fact Attorney in Fact
Trustee _ Trustee
Guardian or Conservator Guardian or Conservator
Other: _ __Other:
si ner is Representing: Signer Is Representing:
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Attachment A
WQMP Template
EXHIBIT A
(Legal Description]
PARCEL 1 OF PARCEL MAP NO. 17558, IN THE CITY OF REDLANDS, RECORDED
IN PARCEL MAP BOOK 216, PAGES 1 AND 2, RECORDS OF SAN BERNARDINO
COUNTY, STATE OF CALIFORNIA.
C.P
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EXHIBIT B
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MAP PREPAFED BY-
HP ENGINEERING, INC. IS>
1495 CRESTVIEW ROAD
OF CA0V
REDLANDS, CA, 92374
TEL (909) 799-6797