HomeMy WebLinkAboutContracts & Agreements_45-2015_CCv0001.pdf Recorded in Official Records, County of San Bernardino 2/2712015
vJ�, BOB DUTTON CA 3 Pm
arms ASSESSOR — RECORDER - CLERK SAN
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RECORDING REQUESTED BY `:
C Priority Mail
AND WHEN RECORDED MAIL TO: Doc#: 2015—0077520 Titles: 1 Pages: 9
CITY CLERK Fees 0.00
Taxes 0.00
CITY OF REDLANDS i Other 0.00
P.O. BOX 3005 ' PAID 50.00
REDLANDS, CA 92373
SPACE AQOVE'1'HIS LINE FOR RECORDER'S USE
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0169-022-14
;..._ A GI_EEMENT is Ina 041-
and en!M-ed into is _�day of &6,; 4 /��'Y , 20/5`by
and between East Valley Association of Realtors, a California Corporation ("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 East Valley Board of Realtors, 820 W. Colton Avenue, and filed as CRA 884 (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 (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 or 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 East Valley Association of Realtors 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
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. 0169-022-14, 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.
City of Redlands
Agreement Version NOVEMBER 2013
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.
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 Mark Edwards, President
City of Redlands East Valley Association of Realtors
P.O. Box 3005 25884 Business Center Dr. Ste H
Redlands, CA 92373 Redlands, CA 92374
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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Paul W. Foster, Mayor Mar dw4 s, President
Eas Iley Association of Realtors
Attest:
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Sam Irwin, y lerk
City of Redlands
Agreement Version NOVEMBER 2013
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 - SA21 6r21L 4-2 n i r: )
On ����/.�` before me, C l,'/I,'/j /0
Date Here Insert Name and Title of the Officer
personally appeared &11)
Name(s)of Signer(s)
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.
DONNA ISHAM WITNESS my hand and official seal.
Commission No. 2016738
NOTARY PUBLIC-CALWORNM j n
RIVERSIDE COUNTY Signature
Mr Comm Exp res APRIL 27 2017 Signature of Notary Public
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
`r71Zw� �t,'aTFr: 7-itF_r}7irt,�,2'7-
Title or Type of Document: .fir;h F��r r-;r;; Document Date: k
Number of Pages: y Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: MI-Ito K F n�4114 D5 Signer's Name:
FE Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General
❑ Individual D Attorney in Fact ❑ Individual ❑Attomev in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
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I
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
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.
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 February 6, 2015, before
me, Jeanne Donaldson, Deputy City Clerk, on behalf of Sam Irwin, City Clerk of the City of Redlands,
California, personally appeared Paul W. Foster, Mayor, and Sam Irwin, City Clerk of the City of
Redlands, who proved to me on the basis of satisfactory evidence to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf
of which the persons 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. \\`\\WIirrnrr��
RE p4'9v//i/ WITNESS my hand and official seal.
\•
PPo
v SAM IRWIN, CITY CLERK
By
1F0N`P �\ IlZnne Donaldson, Deputy City Clerk
///'///IIII I II11 O\\\\ (909)798-7531
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CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneself/themselves
{ } 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, a municipal corporation
------------------------------------------------------------------------
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Storinwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: February 6, 2015
Signer(s) Other Than Named Above: Mark Edwards, President, East Valley Association of Realtors
Exhibit A
Legal Description
ALL THAT PORTION OF LOT(S) 7 OF THE SMITH TRACT, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 8 PAGE(S) 86 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7,IN THE CENTER LINE OF
COLTON AVENUIE; THENCE ALONG THE WEST LINE OF SAID LOT 7,NORTH 00 °
14' 00"EAST 304.76 FEET; TO THE SOUTHWEST CORNER OF TRACT NO. 4029, AS
PER PLAT RECORDED IN BOOK 51 PAGE(S) 18 AND 19 RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTH LINE OF SAID TRACT NO. 4029, EAST 170.00 FEET;
THENCE SOUTH 00 ° 14' 00" WEST 304.76 FEET TO A POINT IN THE AFORESAID
CENTER LINE OF COLTON AVENUE; THENCE ALONG SAID CENTERLINE, WEST
170.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTH 33 FEET THEREOF LYING WITHIN COLTON
AVENUE.
A.P.N.; 0169-022-14-0-000
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2� EXHIBIT B 02212
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A4 (EAST) (170.00') 511
N 89'41'29" E 170.00'
SCALE: 1"=40'
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A.P.N. 0169-022-14
PORTION OF LOT 7 0169 x22�13
0169 022 2� SMITH TRACT
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PROPOSED RIGHT-OF-WAY '7W
EXISTING RIGHT-OF-WAY
N 89.42'10" E 170.00' A ( �0FCA1-��0
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-----(WEST) '— - ----�_�..- - -------
LOT 7 COLTON AVENUE
NOTES:
BOUNDARY BASED ON FIELD
SURVEY
( ) - INDICATES BOUNDARY
INFORMATION PER LEGAL
DESCRIPTION
Exhibit C
Stormwater Pollution Control Devices
Stormwater Pollution 1 1 Devices
BMP BMP or Pollution Control Latitude Longitude Maintenance Frequency
4 Device Provided By
I TC-10 34.06301 117.19334 OWNER QUARTERLY
INFILTRATION TRENCH
2 TC-10 34.06301 117.19296 OWNER QUARTERLY
INFILTRATION TRENCH
3
4
5
6
7
S
9
10
EXHIBIT D
BMP MAP
"... (EAST) (170.00')
��.. . . ..-�_��$�'•4.1,29'. E„_.._�....,...:, . . ... ..170.00' .. ...�..._....-_�.._.._,
FT 7T
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SCALE: 1”=40'
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BMP # 3 Q BMP # 4
VEGETATED VEGETATED
SWALE(TC-30) ILL
SWALE{TC-30}
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N PROPOSED BUILDING j
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TMTRENCH
T IBMP #1 ® BMP # 2
INFILTRATIONINFILTRATION
TRENCH (TGIO} (TC-10)
-N..89'42'10" ,E- . _w-_ _ 170:00' - -
�' EXISTING RIGHT-OF-WAY
PROPOSED RIGHT-OF-WAY
(WEST) (170.00') ----
������ �. COLTON AVENUE
C 36866 ' , NOTES:
EXP SURVEY
BOUNDARY BASED ON FIELD
SURVEY
Cry1l.
��OFCRL�F
INFORMATION PER LEGAL GAL
DESCRIPTION