HomeMy WebLinkAboutContracts & Agreements_55-2014_CCv0001.pdf Recorded in Official Records, County of San Bernardino 4/21/2014
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DENNIS DRAEGER AM
G>rnue ASSESSOR — RECORDER — CLERK NC
R Regular Mail
RECORDING REQUESTED BY
Doc#: 2014-0139792 Titles: 1 Pages: 6
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CITY CLERK oazo $0.00
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
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tt E[rraa```T7 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER
�' 8RMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0168-071-16
THIS AGREEMENT is made and entered into this."day of /Vli�i2014,
by and between Redlands 6120, LLC ("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 Judson Ranch and filed as Tract Map 16627 CUP 819 (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 an 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
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 Redlands 6120, LLC, Phillip B. Burum,
Authorized Representative 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. 0168-071-16,
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,
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 Redlands 6120, LLC
City of Redlands Phillip B. Burum, Authorized Representative
P.O. Box 3005 10621 Civic Center Drive
Redlands,CA 92373 Rancho Cucamonga, CA 91730
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:
A
--
Pete Aguilar,Mayor Phillip B. Burum, Authorized Rep? tative
Redlands 6120, LLC
10621 Civic Center Drive
Rancho Cucamonga, CA 91730
Attest:
-- - A
Sam Irwin,eity/Clerk
CALIFORNIAALL-PURPOSE 1+1 L ME L CODE 1989
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personally appeared �_ �
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Comm.ExWesI certify under PENALTY OF PERJURY under the
laws of the Mate of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature; _.
Place Nata=y Seat Above Signature of Notary Public
OPTIONAL.
Though the information below is not required by law, it may prove valuable to persons refying 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:
e
Signer(s)Other Than Tamed Above:
Capacity(ies) Claimed by Signer(s)
Signer's dame: Signer's Name:
Corporate Officer — Title(s): Corporate Officer -- Title(s):
� Individual LET Milli
Individual
Partner _Limited General Tor, ,tau u r v Partner Limited GeneralToo i rru f,Fr I
Attorney in Fact j Attorney in Pact
Trustee I Trustee
Guardian or Conservator Guardian or Conservator
Other: k Other:
Signer Is Representing:_ Signer Is Representing:
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EXHIBIT A
Leaal Description
THAT PORTION OF THE WEST 9/2 OF THE SOUTHWEST 914 OF THE SOUTHWEST 914 OF SECTION 13, TOWNSHIP
1 SOUTH, RANGE 3 WEST, S.B.M. IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF PIONEER AVENUE AND JUDSON STREET AS SHOWN
ON PARCEL MAP 3807, PARCEL MAP BOOK 35, PAGES 18 AND 19, RECORDS OF SAID COUNTY; THENCE
ALONG SAID CENTERLINE OF PIONEER AVENUE, NORTH 89031'34" EAST, 653.79 FEET; THENCE LEAVING
SAID CENTERLINE, SOUTH 00°07'51" EAST, 858.22 FEET; THENCE SOUTH 89131'45"WEST, 655.75 FEET TO
THE CENTERLINE OF SAID JUDSON STREET; THENCE ALONG CENTERLINE OF SAID JUDSON STREET,
NORTH 00000'00" EAST, 858.20 FEET TO THE POINT OF BEGINNING.
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