HomeMy WebLinkAboutContracts & Agreements_220-2005_CCv0001.pdf Recorded in Otticial Records. County of San Bernardino 11/09/2005
Ccn to iy„y',.
LARRY WALKER BN
PM
e Auditor/Controller — Recorder
RECORDING REQUESTED BY #
AND WHEN RECORDED MAIL TO: R Regular Mail
Doc#: 2005—0846095 Titles: 1 Pages: 10
CITY CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
PO BOX 3005 Other 0.00
REDLANDS,CA 92373 PAID $0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT
Assessor's Parcel Number(s) 0167-242-16-0000 Z/se/V ,Boo
THIS AGREEMENT is made and entered into this 7th day of November.2005, by
and between Boys and Girls Club of Redlands, hereinafter referred to as "Owner," and the City of
Redlands, a municipal corporation, hereinafter referred to as "City."
RECITALS
WHEREAS, the Owner owns real property ("Property") in the City specifically described
in Exhibit "A," which is attached hereto and incorporated herein by this reference; and
WHEREAS, at the time of approval of the development project known as
(the "Project") for the Property, the City required the Project to employ on-site control measures
to minimize pollutants in urban stormwater runoff; and
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Agree menWfvlaint Agrmnt_per Tom 081105
WHEREAS, the Owner has chosen to install a fossil filter, vegetated swales and a dry-
well, hereinafter referred to as the "Device" and other control measures to minimize pollutants in
urban stormwater runoff, and
WHEREAS, the Device and other control measures have been installed in accordance
with plans and specifications approved by the City; and
WHEREAS, the Device and other control measures, 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
peak performance of the Device and other control measures 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 City's approval of the Project and the mutual
promises contained herein, the City of Redlands and the "Owner"agree as follows:
AGREEMENT
1. The Owner hereby provides the City and its designees with full right of access to the
Device and other control measures and the immediate vicinity of the property at any time,
upon reasonable notice; or in the event of emergency, as determined by City's Public
Works Director, no advance notice; for the purpose of inspection, sampling and testing of
the Device and other control measures, 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 repairs.
2. The Owner shall diligently maintain the Device and other control measures in a manner
assuring peak performance at all times. All reasonable precautions shall be exercised by
the Owner and the Owner's representatives in the removal and extraction of materials
from the Device and other control measures, 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 recycle of disposal destinations, as appropriate.
3. In the event the Owner fails to perform the necessary maintenance contemplated by this
Agreement, within five (5) days of being given written notice by the City, 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 from the date of the notice of expense until paid
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Agreements/Maint Agrmnt-per Tom 081105
in full.
4. The City may require the Owner to post security in a form and for a time period
satisfactory to the City to guarantee the performance of the obligations stated herein.
Should the Owner fail to perform its obligations under this Agreement, the City may, in
the case of a cash security deposit, act for the Owner using the proceeds from such cash
security; or in the case of a surety bond, require the surety to perform the obligations of
this Agreement. As an additional remedy, the City may withdraw any previous
stormwater related approval with respect to the Property on which a Device or other
control measure has been installed until such time as the Owner repays to the City its
reasonable costs incurred in accordance with Section 3, above.
5. This Agreement 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.
6. In event of 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 in-house
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Agreementst'Maint Agrmnt-per Tom 081105
counsel at private rates prevailing in San Bernardino County).
7. It is the intent of the parties that the burdens and benefits herein undertaken shall
constitute covenants that run with the Property and shall constitute a lien against the
Property.
8. The obligations herein undertaken shall be binding upon the heirs, successors, executors,
administrators and assigns of the parties hereto. The term "Owner" shall include not only
the Owner, but also its heirs, successors, executors, administrators and assigns. The
Owner shall notify any successor to title of all or part of the Property about the existence
of this Agreement. The Owner shall provide such notice prior to such successor
obtaining an interest in all or part of the Property. The Owner shall provide a copy of
such notice to the City at the same time such notice is provided to the successor.
9. Time is of the essence in the performance of this Agreement.
10. 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.
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Agreements,' int Agrmnt-per Tom 081105
CITY OWNER
Public Works Director Boys and Girls Club of Redlands
City of Redlands 803 West Brockton Avenue
PO Box 3005 Redlands, CA 92374
Redlands,CA 92373
It. This Agreement represents the entire agreement of the parties hereto as to the matters
contained herein and supersedes any and all prior written or verbal agreements between
the parties as to the subject matter hereof.
12. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
13. Any amendment to this Agreement shall be in writing and approved by the City Council
of City and signed by City and Consultant.
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Agreement int Agrmnt-per Tom 081105
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS OWNER: Boys and Girls Club
of Redlands
Sus Peppler, Mayor V 11 (Name,Title)
t:Cop' j r
Attest:
Lorne oyzer, City. *k
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Agree€nent int Agrmnt_per Tom 081105
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 November 7, 2005,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer { X} personally
known to me - or - I { 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.
WITNESS my hand and official seal.
0
jLORRIE POYZER, CITY CLERK
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By: dAe�
Beatrice Sanchez, Deputy City Clerk
0 RIA,
11118111[111110 (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
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: Stormwater Treatment Device and control Measure Access and ...
Date of Document: November 7, 2005
Signer(s) Other Than Named Above: P. T. McEwen for Boys and Girls Club of Redlands
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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:i State of California
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County of1� `JLI�t►.4AKL�> r.�
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IAG�I A CA-4 �.
On ► i t �� i �before me, Name and Tdfe of ONlcet(e.g.,-Jarolii Doe.mtary Public')
personally appeared►Ls `
Narmt$)of Signers)
)Kpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person whose name(sy is/a;e-
subscribed to th within instrument and
acknowledged to me that he/siaeAhey executed
the same in his/t+erfthefr authorized
( capacity(i"), and that by his/UQ4t4&
signatures}on the instrument the person4),or
the entity upon behalf of which the person(a)'
prrA.LT S acted, executed the instrument.
_CWM. #1461164 WITNES y hand and official seal.
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My Calm E> Janu"8,2005
esa��.erOety Signature of Notary
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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.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
7
)
Signer(s)Other Than Named Above:
l
Capacity(les) Claimed by Signer
Signer's Name:
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❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: -- -- — —.
Signer Is Representing: —
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O 1999 Natbnei Notary AseociaWn-9350 De Soto Ave.PO,Box 2402-Chatsworth,GA 91313-2402-—nanonaln tary org
Prod-NO.5907 .
EXHIBIT "A"
LEGAL DESCRIPTION:
REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTHEAST 1/40F THE NORTHWEST "/4 OF THE
NORTHEAST '/4 OF THE SOUTHWEST '/4 OF SECTION 22, TOWNSHIP 1
SOUTH, RANGE 3 WEST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LUGONIA
AVENUE, WITH THE WEST LINE OF CLAY STREET; THENCE WEST ON THE
SOUTH LINE OF LUGONIA AVENUE 134.2 FEET; THENCE SOUTH
PARALLEL WITH CLAY STREET, 296.50 FEET; THENCE AT RIGHT ANGLES
EAST 134.2 FEET TO THE WEST LINE OF CLAY STREET; THENCE NORTH
ALONG THE WEST LINE OF SAID STREET 296.50 FEET TO THE POINT OF
BEGINNING.
APN 0167-242-15, 16, AND 17
Aoft
PUBLIC WORKS DEPARTMENT
kED114NDS Engineering Administration Division
MEMORANDUM
TO: Lorrie Poyzer, City Clerk.
FROM: Tom T. Fujiwara, Assistant Public Works Director YK-1,
THROUGH: Ronald C. Mutter, Public Works Director
DATE: November 1, 2005
SUBJECT: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement for CUP No, 800 - Boys and Girls Club, 1251
Clay Street
APN 0157-242-16
Attached is a signed and notarized original ofthe 'Stormwater Treatment Device and Control
measure Access and Maintenance Agreement Eor CUP No. 800 project located at 1251 Clay
Street. As authorized by Resolution No. 6394, adopted by City Council on May 17, 2005, please
have the Mayor and City Clerk execute; the Agreement and have it recorded. Please forward a
copy of the recorded Agreement to the Public�Vorks`Department for our records.
TTF:tf
FILE CUP NO.800