HomeMy WebLinkAboutContracts & Agreements_21-2007_CCv0001.pdf Recorded in Official Records. County of San Bernardino 2/07i2007
LARRY WALKER 53:51 PM
RECORDING REQUESTED BY1.
; LAK Auditor/Controller — Recorder
"t
AND WHEN RECORDED MAIL TO:
R Regular Mail
CITY CLERK
Doc#: 2007—0083035 Titles: l Pages: 10
CITY OF REDLANDS Fees
0.00
PO BOX 3005
REDLANDS,CA 42373 Taxes 0.00
{� q�
Other 0.00
FEES NOT REQUIRED PAID `l;0.00
PER GOVERNMENT CODE
SECTION 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT
0167-271-06 and 29
THIS AGREEMENT is made and entered into this 5th day of February, 2007 by
and between Grove Homes LLC 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," and Exhibit"B" which is attached hereto and incorporated herein by this
reference; and
WHEREAS, at the time of approval of the development project known as Tract 17253 —
CUP 844 (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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AgreementslWQMP Agreement 8-31-06.rtf
WHEREAS,the Owner has chosen to install a retention and infiltration system
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 Grove Homes, LLC agree as follows:
AgreementsAVOMP Agreement 8-31-06.rtf
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
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Agreements/WQMP Agreement 8-31-06.rtf
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
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
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Agreements/WQMP Agreement 8-31-06,rtf
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
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 th 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[WQMP Agreement 8-31-06.rtf
CITY OWNER
Public Works Director Grove Homes, LLC
City of Redlands c/o Abco Realty Investments
PO Box 3005 Attn: Ali Mozqayeni
Redlands, CA 92373 18552 MacArthur Blvd., Suite 102
Irvine, CA 92612
11. 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.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS OWNER:
,Jon Harrison, Mayor Al Mozay��i, Partner
ATTEST
LC} IE POYZER' ,/C' ,rY CLERK 6
F}gfeements/WQMPAg6/er4onf8-31-06.rtf
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on February 5, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer ), X} personally known
to me - or - { } 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
LORRIE POYZER, CITY CLERK
APOR4 'S
4
�i By:
............ Teresa Ballinger, Assistant City Clem
(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: Storn'rwater Treatment Device and Control Measure Access and
Maintenance Agreement, APN 0167-271-06 and 29
Date of Document: February 5, 2007
Signer(s) Other Than Named Above: Grove Homes, LLC, Owner by: Al Mozayeni. Partner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of 0.4 /1 4)r 6
County of 01-aA_9f_
On 4 M- 6er- 5, 006 before me,
Date Name and Title of Officer(
e.g.,"Jane Doe,Notary Public")
personally appeared VP r) t
Name(s)of Signer(s)
)- ,Personally known to me-OR-f.l l proved to me on the basis of satisfactory evidence to be the personff4
whose name(e) is/ere subscribed to the within instrument
and acknowledged to me that he/qhe!#+�ey executed the
N same in his/Aeh*te#authorized capacity(4e*and that by
his/.494theif signature(*on the instrument the personks),
t1ARROlDL or the entity upon behalf of which the person(s�acted,
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executed the instrument.
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Notaty RdAc-Ca Wwrio
OrangeCounty WITNESS my hand and official seal.
MV COM.&Pke$Feb 19.2W$1
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Signature or Nofary Public
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual [_j Individual
El Corporate Officer 0 Corporate Officer
Title(s): Title(s):
EJJ Partner—El Limited 7 General Ell Partner—El Limited El General
-1 Attorney-in-Fact
0 Attorney-in-Fact E
E] Trustee El Trustee
V0
El Guardian or Conservator MNOIN Guardian or Conservator
L-1 Other: Top of thumb here I Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Associafion-8236 Pernmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 22,
TOWNSHIP 1 SOUTH, RANGE 3 WEST, S.B.M., LOCATED IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER
OF SECTION 22, BEING THE INTERSECTION OF LUGONIA AVENUE, BEING 50.00
FEET WIDE ON THE SOUTH SIDE, AND CHURCH STREET, 44.00 FEET WIDE ON
THE WEST SIDE;
THENCE SOUTH 00000'00" EAST 310.00 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST ONE-QUARTER AND SAID CENTERLINE OF CHURCH STREET;
THENCE LEAVING SAID EAST LINE AND SAID CENTERLINE, SOUTH 89036'03"
WEST ALONG A LINE PARALLEL TO AND 310.00 SOUTHERLY OF SAID
NORTHERLY LINE OF SAID SOUTHEAST ONE-QUARTER AND SAID CENTER LINE
OF LUGONIA AVENUE;
THENCE NORTH 00000'00" WEST 310.00 FEET ALONG A LINE PARALLEL TO AND
473.00 FEET WESTERLY OF SAID EAST LINE AND SAID CENTERLINE OF
LUGONIA AVENUE TO A POINT ON THE SAID NORTH LINE AND SAID CENTER
LINE OF LUGONIA AVENUE;
THENCE NORTH 89036'03" EAST 473.00 ALONG SAID NORTH LINE AND SAID
CENTERLINE TO SAID NORTHEAST CORNER AND SAID INTERSECTION AND
THE POINT OF BEGINNING.
SAID DESCRIPTION AFFECTS APN 0167-271-06,29
SAID DESCRIPTION CONTAINS 3.37 ACRES, MORE OR LESS.
LA
CARSON L. STORER P.L.S. 3913
EXPITATION DATE: JUNE 30, 2008 CL PLS Nig 3913
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