HomeMy WebLinkAboutContracts & Agreements_56-2014_CCv0001.pdf Recorded in Official Records, County of San Bernardino 4/21/2014
DENNIS DRAEGER 9'09 Ann
w;Oman" ASSESSOR — RECORDER — CLERK
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RECORDING REQUESTED BYDOC# 2014—��3�7� Titles: 1 Pages: 6
AND WHEN RECORDED MAIL TO: : 1 Fees 0.00
r Taxes 0.00
CITY CLERK other 0.00
CITY OF REDLANDS PaID $0.00
P.O. BOX 3005
REDLANDS, CA 92373
{ SPACE ABOVE-THIS LINE FOR RECORDER's USE
STORNI'KATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
1212-121-04, 05, 06
THIS AGREEMENT is made and entered into this 4—%h day of A'Pt u.. _, 2014,
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 16465 CUP 809 (the "Project'), the City required the
Project to employ on-site control measures to minimize pollutants in urban storinwater 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
City of Redlands
Agreement Version Ncbemi:,_—2008
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. 1212-121-04,
05 and 06 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.
S. 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
City of Redlands
Agreement Version Noember 2008
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:
Pete Aguilar, Mayor Phillip B. Burum, Authorized Representative
Redlands 6120, LLC
10621 Civic Center Drive
Rancho Cucamonga, CA 91730
Attest:
Sam Irwin, Clerk
City of Redlands
Agreement Version November 2008
CALIFORNIA ALL-PURPOSE L CML CODE S 189
State of California
County of
Cin ' before me, ,
;. Date Here Insert -arne and Title-o e Officer
personally appeared
t
who proved to me on the basis of satisfactory
evidence to be the person(vo whose name is/are
subscribed to the within instrument and acknowledged
to me that hel's-helithey executed the same in
SIMONE SSS his/fte6theit authorized capacity(i , and that by
" ion 1990814
his/her/their signature( on the instrument the
Notary PVW-Californ
sea ` County persons., or the entity upon behalf of which the
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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.
WITNESS my hand and official seal,
Signature:
€ Place Notary Seat Above Signature of Notary Punic
OPT/ A,
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 Rages:
Signer(s) Other Than Fumed Above:
Capacity(ies)Claimed by Signer(s) 1
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Signer's Mame: Signer's Marne:
Corporate Officer —Title(s): Corporate Officer — Title(s):
Individual � rr � Individual
Tu s f tnt,tr,y$
P.
Partner — limited 1 General nern G partner — Limited General =op of tnu t hire
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Attorney in Fact I Attorney in Fact I
� Trustee trustee 1
Guardian or Conservator Guardian or Conservator
Other; Other;
Signer is Representing:---.._ { Signer Is Representing:
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'2010 Nationa!Homer Association-NationatLo,:ry,ong ;NOTAPY{7-800-876-632- iter,#5907
EXHIBIT A
Legal Descri tri ion
THAT PORTION OF THE SOUTHEAST 'l4 OF THE SOUTHEAST 1/40F SECTION 14, TOWNSHIP 1 SOUTH, RANGE
3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, 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 THE CENTERLINE OF SAID JUDSON STREET, SOUTH 00°00'00" EAST, 1322.71 FEET TO THE
CENTERLINE INTERSECTION OF SAN BERNARDINO AVENUE; THENCE ALONG THE CENTERLINE OF SAID
SAN BERNARDINO AVENUE, SOUTH 89044'30"WEST, 999.16 FEET; THENCE LEAVING THE CENTERLINE OF
SAID SAN BERNARDINO AVENUE, NORTH 00003'49"WEST, 1323.61 FEET TO THE CENTERLINE OF SAID
PIONEER AVENUE; THENCE ALONG THE CENTERLINE OF SAID PIONEER AVENUE, NORTH 89047'35" EAST,
1,000.63 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SAID INTERSECTION OF PIONEER AVENUE AND JUDSON STREET; THENCE SOUTH
00000'00" EAST, 832.77 FEET; THENCE NORTH 90000'00"WEST, 44.00 FEET TO THE RIGHT OF WAY OF SAID
JUDSON STREET AND THE POINT OF BEGINNING; THENCE NORTH 90000'00"WEST, 18.50 FEET; THENCE
SOUTH 00000'00" EAST, 60.00 FEET; THENCE NORTH 90000'00" EAST, 18.50' TO THE RIGHT OF WAY OF SAID
JUDSON STREET; THENCE ALONG SAID RIGHT OF WAY, NORTH 00100'00" EAST, 60.00 FEET TO THE POINT
OF BEGINNING.
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Exhibit B Map
Tract 16465
PIONEER AVENUE POB
..__.__._ _ _ �___
8 "47'35"E 1�? C} S
LOT "F" LOT 52
LOT *L" _
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LOT *60
2 21 22 41 42 61
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3 20 23 40 43 60
cry
4 19 24 39 44
5 18 25 38 45 i3 58
L3 L2'
5 w 17 25 w 3746 57
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7 x 15 27 36 47 56
Ex 15 28 35 48 55
14 29 34 49 54
0 13 30 33 50 53
11 12 31 32 51 52
LOT *80
9"44'30"t - 999,16'
SAN BERNARDINO AVENUE
{LINE DATA TABLE
LSI—E —BEARING DISTANCE �
Ll S00°;—O WE --C3-2-7-I---ll ESS/
L2 N90*00'00"W 44.00 W
L4 SOOOOO'00"E 60M No,
L5 111OWC„L 60. 30