HomeMy WebLinkAboutContracts & Agreements_105-2008_CCv0001.pdf Recorded In Official Records. County of San Bernardino 71031200$
LARRY WALKER BN
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RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
Dock 2008-0303910 Titles: 1 Pages: 7
CITY CLERK01
I) Fees 0.0
CITY OF
Othe0.00
RED
P.O.BOX 33005 0.00
'Al�'D ' PAID TaxeS $0.00
REDLANDS, CA 92373
SPACE:ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0167-201-68
THIS AGREEMENT is made and entered into this 26th day of June , 2008,
by and between Housing Authority of the County of San Bernardino ("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 Redlands Senior Housing at 1320 Webster Street and filed as C.U.P. No. 889, 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 Vegetated Swale (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;
City of Redlands
Agreement Versjon January 2007
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and Housing Authority of the County of
San Bernardino agree as 1`61lows:
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 City's
Public Works Director 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 falls to performthe necessary maintenance required by this
Agreement within thirty (130) 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 No. 0167-1.01-68,
and shall be recorded in the Official Records of the COUntv 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 ametint 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 ten-ns 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
Oty of Redands
Ag,eernent Version Jsini-*ry 21'07
fi
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 personai obligation oft such owner,
T 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 UJ.S. Mail, whichever is earlier. A Party may change notice address only by
providing written notice thereof to the other Party.
CITY OWNER
Municipal Utilities and
Daniel J. Nackerman, Executive Director
Engineering Department Housing Authority of the County of San
City of Redlands Bernardino
P.O. Box 3005 715 E. Brier Drive
Redlands, CA 92')73 San Bernardino. Ca. 92408
9, This Aareement shall be (yoverried 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 WITHIN SS WIJEREOF' the Parties hereto have affixed their signatures as of the" date
first written above,
CITY OF REDLANDS- FPR: ou ing Authority of the County
of - a,4 Bernardino
Joja;al�rri�son %lavyor ti
Daniel J. Nack man, Executive Director
Housing Authority of the County of Sam
Bernardino
F R
L ou 1
of a
J. m
7jDaniel -Nack a
Attest:
Lc�rnPov e Povzer,/, y 'Ierk
Cy of Realann
Agfeemen�Versw!JaPUafy 2CIN
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BER-NARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 11.81, of the California Civil Code, and Chapter 2,
Division 3, Section 40814, of the California Government Code, on June 26, 2005, before me, Teresa Ballinger,
Assistant City Clerk, on behalf of Lorrie Poyser, City Clerk of the City of Redlands, California, personally
appeared Jon I-larrison. Mayor and Lorrie Power, City Clerk who proved to me on the basis of satisfactory'
evidence to be the person(s) whose names) i4are subscribed to the within instrument and acknowledged to me
that he4he they executed the same in his/her4heir authorized capacity(ies) and that by his�ef 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.
I i liff!1111 WITNESS my hand and official seal.
/Z
LORRIE POYZER, CITY CLERK
C,
188
...... Bv:
'��nger, Assistant City Clerk
41 IFO
`Feresa Ballinger, Assistant C�itvClc�rk
(909)798-7531
----------------------------------------------------------------------
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUtheinselves
Corporate Officer(s)
fitle(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
--------I-----------------------------------—------—--———----------
THIS CERTIFICATE MUST BE ATTACIIEDTO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Stormwater Treatment Device and Control Measure Access and Maintenance
Agreement; APN 0167-2101-68
Date of Document: June 26, 2008
Signer(s) Other Than Narned Above: Housing Authority of the County of'San Bernardino by: Daniel J.
Nackernian., Executive Director
State of California ACKNOWLEDGMENT
County of _�l BY'0AYdi nd
On f a YLe , D before me, VI Cc.
(in ert name and title of the officer)
personally appeared jq i. U —I-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afa
subscribed to the within instrument and acknowledged to me that he/stey executed the same in
ha s/her/their-authorized capacitypase ), and that byW2�/thair signature(&.) on the instrument the
personks},- 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.
MVIA RQow
WITNESS my hand and official seal. Cowtgruon # 17""4
i"
y
Signature 4
(Seal)
Exhibit A
Legal Description
THOSE PORTIONS OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 1
SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHEAST CORNER OF TRACT NO- 9a76, RECORDED IN
MAP BOOK 144, PAGE 84 , RECORDS OF SAID COUNTY; THENCE SOUTH
C0034 ' 51 " EAST ALONG THE EAST LINE OF SAID TRACT Na_ 9876, A
DISTANCE OF 500 - 66 FEET; THENCE NORTH 89'28 '48" EAST A DISTANCE OF
299- 56 FEET; THENCE SOUTH 00'32 ' 59" EAST A DISTANCE OF 121 - 00 FEET
TO THE NORTH RIGHT-OF-WAY LINE OF LUGONIA AVENUE (37_ 00 FEET, HALF
WIDTH) ; THENCE NORTH 8928 ' 48" EAST ALaNC SAID NORTH RIGHT-OF-WAY
LINE, A DISTANCE OF 30 - 00 FEET TO THE EAST LINE OF WEST ONE-HALF
OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SAID NORTHWEST
QUARTER OF SECTION 22; THENCE NORTH 00'32 ' 59" WEST ALONG SAID EAST
LINE, A DISTANCE OF 621 - 53 FEET TO THE NORTHEAST CORNER OF THE
SOUTH ONE-HALF OF THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE
SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 22; THENCE
`''CU TH ?9030 ' 09" WEST ALONG THE NORTH LINE OF SAID SOUTH ONE-HALF OF
THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE SOUTHEAST ONE
QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, A DISTANCE OF
329. 83 FEET TO THE POINT OF BEGINNING-
C.
No.eve
10
C4 Of Qedfarlds
Agreemc-it Vers*',Jaluary 2007
EXHIBIT B __ _
PLAT MAP i I FD. MON.- TAGGED LS4718
S.W. COR. PM 1019
I PUB 9/36
FD MON. TAGGED RCE8591 7,�;�rj
N.E. COR. TR. 9876 ,�,�,
N89_30'09"E U.B. 144 84 ' 30 10l!
N89'30'09"E 329.83' SCALE.- 1"=80'
NE S
o OF SERF/4 OF2NW 1/4, SEC./22
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