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HomeMy WebLinkAboutContracts & Agreements_54-2008_CCv0001.pdf Recorded in Official Records, County of San Bernardino 4/17/2008 LARRY WALKER 4:42 Pm , x AuditorlController — Recorder MA RECORDING REQUESTED BY � AND WHEN RECORDED MAIL TO: R Regular Mail Doc#: 200$--0173286 Titles: I Pages: >3 Fees 0.00 Taxes 0.00 CITY CLERK � Other 0.00 CITY OF REDLANDS PALO $5.00 PO BOX 3005 REDLANDS, CA 92373 FEES NOT REFIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S U E STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0167-251-27 THIS AGREEMENT is made and entered into this 4th day of March , 2008, by and between Andrew Gin Lee, Trustee of The Lee Family Trust (collectively "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 Exhibit "A" and "B", which are attached hereto and incorporated herein by this reference; and WHEREAS, at the time of approval of the development project commonly known.as 1256 Orange Street, Redlands, CA 92373 and filed as CRA 812, (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 Porous Pavement (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 therefore being the sole responsibility of the Owner; and I 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 City's approval of the Project and the mutual promises contained herein, the City of Redlands and Owner 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 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 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 No. 0167-251-27, 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 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 for the use of in-house counsel by a Party. 2 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 Municipal Utilities & Engineering The Lee Family Trust City of Redlands Department C/O Citicom,Development PO Box 3005 1257 W. Colton Ave 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: THE LEE F L TRUST L .w loXHarrisonNAndrew And ,j in Lee w ef��- Title Attest: 2-& Eorrie Poyze C t v Clerk V 3 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, ofthe California Civil Code, and Chapter 2, Division 31, Section 40814, of' the California Government Code, on March 27, 2008, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorne Poyzer, City Clerk of the City of Redlands, California, personally appeared N. Enrique Martinez, City Manager and Lorne Poyzer, City Clerk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i-s/are subscribed to the within instrument and acknowledged to me that he4he/they executed the same in his/heF their authorized capacity(ies) and that by his,lber4their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENA[..TY OF PERJURY under the laws of the State of California that the foregoing I paragraph is true and correct. WITNESS my hand and official seal. ..........* 1, �� RPOP,4)�'% LORRIE POYZER, CITY CLERK 1888 i-Al ........... By 'Z Teresa eresa Ballin-er. Assistant City`' lerk ttttttt (909)798-7531 --------------------------------------------------------------------------- CAPACITY CLAIMED BY SIGNER(S) tudividual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust x Other 'fitle(s): (7ity Manager and City Clerk Entity Represented: City of Redlands, a Municipal corporation -------------------------------------------- THIS CERTIFICATE MUST BE ATTACHED TO'I DOCUMENT DESCRIBED BELOW: Title or Type of Document: Stormwater Treatment Device and Control Measure Access and Maintenance ,I) ALyreement. APN 0167-251-27. Date of Document: March 4, 2008 Signer(s) Other Than Named Above.- Andrew (-iin Lee. Trustee ot'The Lee Family Trust. by: Andrew Gill tee, Trustee. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /-V­­� I On y'�'�lvr i '4f ?t1�8 before me, J0-_ 'u��+t2 Date Here Insert Name and Title of th(picer personally appeared A-e,Jrt� 9 e, Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personVwhose name> re subscribed to the within instrument and acknowledged to me that etkaey executed the same it yam' tef/t�authorized --- capacittoeSj, and that by�y r 4eir signature(4 on the JACQUELME MONTBIREY instrument the person(a'j, or the entity upon behalf of COMMIllidon#r 1687477 which the person(;K acted, executed the instrument. N01ay hrbMc-C400"40 _ LOS Angelft Cou*V 1hVCanvr,pxplMUP10.201 1 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 Seal Above Signature of Notary Public OPTIONAL 1-hough 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 Documentum-tuctT/�rrcaflnCK C�edr�e C�a(f}��rvtCS2cree5� ry(gi y( th�� (Z�r�ence�c Document Date: `a��� `t 201) $ Number of Pages: TMJ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: _ C Individual C::] Individual C Corporate Officer--Title(s): il:i Corporate Officer—Title(s): C Partner—f..l Limited C::a General , � .„ � C? Partner—C Limited [C General _ ;C Attorney in Fact • Attorney in Fact • C Top of thumb here To of thumb here Trustee C Trustee ¢ C:f Guardian or Conservator C Guardian or Conservator C Other: C Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.PO.Box 2402•Chats"rth,CA 91313-2402•www NationaiNotary.org Item 95907 Reorder Cap Toll-Free 1-800-876-6827 Form No.1068-2 Convribwst No.:NCS-334401-SBNO AL,A Plan LangtaW Cornaubnent Page Nuntw:4 SCHEDULE A 1. Commitment Date: January 02, 2008 at 7:30 A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Owner's Policy $TBD ALTA Standard Owner Policy -2006 Proposed Insured: TBD (B) ALTA Loan Policy $TBD Proposed Insured: TBD 3. (A) The estate or interest in the land described in this Commitment is: Fee Simple (B) Title to said estate or interest at the date hereof is vested in: Andrew Gin Lee, Trustee of the Lee Family Trust,dated September 9, 1991 4. The land referred to in this Commitment is situated in the City of Redlands, County of San Bernardino, State of California, and is described as follows: Rrst Alne-ficain Rtk-1,75urance Company . ^ ' ' Exhibit A Legal Description LOTS 21. 22. 23AND 240FROSS AND RAUSCHADDITION, INTHE CITY UFREDLANDS. COUNTY OFSAN BERNARD|NO. STATE OFCALIFORNIA, ASPER MAP RECORDED |NBOOK 15. PAGE 38OF MAPS, |NTHE OFFICE OFTHE COUNTY RECORDER OFSAID COUNTY. EXCEPT THAT PORTION GRANTED TOTHE CITY OFREDLANDSBYDEED RECORDED NOVEMBER 24. 1A7O |NBOOK 75GD. PAGE S57. OFFICIAL RECORDS. AND RECORDED FEBRUARY 17. 1Q71 |NBOOK 7G1O. PAGE 34OOFFICIAL RECORDS. APN: D1G7-251-27 City of Red' nds Agreement Version January 2007 � ' x EXHIBIT "B " PLAT MAP _ ,,— _L UGON!A _ N89 4D 3D E AVENUE— _ VENU _ _ _ ON'LY UNE OF LOT 24 OF f SSS JAND RAUSCH ADDITION, I Cn � I N89'40 30'x` a { I w y N �Ck: 3' fit z InCz CITY OF REMAND GRANTED TO � N A l vs STREET RIGHT OF WAY PURPOSES, TO BE KNOWN AS LUGONL4 AVENUE N LY PER DEED RECORDED NOV 24, 1970 IN :�p 3 p BOOK 7560, PAGE 657, AND RECORDED N RECORDED FEB 17, 1971 IN BOOK 7610, d PAGE 340, OR. ¢ [Cot � �n O CL N WW1uq q 4 4¢n 33' a � � z4¢ C, «� . qq4 t/s�W^ �Zzhrnd¢dQ{q�!.� 43gWLL �^ 4�tiC400`p4 Q q q � Off' 2 p C �z° t �u 23t � 4j `a WQ pcOU(W4 Q �C'-, a w tn�awm�a I oa:(IS � � E zi Vi I S'LY LINE OF LOT 21 OF 2 ROSS AND RAUSCH ADDMON, MB 15/38 i 112.97` se�wr+r�•srrrr��W•�rirr•• N8938 26'£ 126.97' PHEPAHES By: IIh.s deed !Gi wos 'pre creel by me r e t, n � CITE' OF REL�LA NLS i Ga11Lrad Erglrteerlrag, frac.; xsr Civil n .r a s _ten Surveyors p 1216 GARFIELD AVENUE, SUllE 200 u1 Ir' Gi PREPARED fG PLAT ALHAMBRA, CA 91801 [ � �' F`k_t'tT MAt-[7 � TEL (626)22811-2288 * RM 2M EV.03-31-09 ' * I f f f, C Om DEVELOPMENT j SE CORNER OF ORANGE STREET FAX: � }'�� 1_ri f. (By:— r` 7257 W COLTON' AVENUE & LUOONIA AVENUE ..._ _... —.,._._��.__......,.—._. _.... '�1�. �IYlI^ 4���" I REDtANDS, GA 52.,7a � REDANDS, CALIFORNIA Jer: rrwr C i;L n .n 1 i Chr,s P. N urCs, C} t f G7 or GAIO I i APIV: 0167-251-27