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HomeMy WebLinkAboutContracts & Agreements_101-2007_CCv0001.pdf 1 Recorded in Official Records, GountV of San Bernardino 6/1212007 RECORDING REQUESTED BY LARRY WALKER 4:27 ,'M AND WHEN RECORDED MAIL TO- �"' rf RQ �sK Auditor/Controller — Recorder CITY CLERK - -� R Regular Mail CIT`'OF REDLANDS Po BOX 3o05 Doc##: 2007—0352064 Titles: 1 Pages: 7 REDLANDS,CA 92373 Fees 0,�0 FEES NOT REQUIRED Tax 0.30 Other 0.d0 PER GOVERNMENT CODE PAID $0.)o SECTION 610. SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 40167-441-03 THIS AGREEMENT is made and entered into this Lith day of JUNE 2007 b and between"Kaiser Foundation Health Plan,Inc."("Owner,")and the City ofRedlands,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 asKaiser Medical Office Bldg, 1301 California Street and filed as CRA No. 827 (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 catch basin inserts, vegetated swales and 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 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-, r IN IN NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and (Entity Legal Name of Owning Entity] agree as follows; AGREEMENT 1• 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 einergency, 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. ? 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 inaterials 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 authorised 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. # 0167-441-03 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 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 all or any portion of the Property. Any owner's liability hereunder shall ctr W Rao Wnds A§,-&enfant Versicr,Jsnuary 2OZ7 i k 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. i CITY OWNER Public Works Director Pat Reyes Ca City of Redlands y Cappelli Kaiser Foundation Health Plan, Inc. P.O. Box 3005 9961 Sierra Avenue Redlands, CA 92373 Fontana. California 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: Jog Harrison, Mayor - Pat Reyes Cap li 1 Senior meet Manager Attest: 611 Lo e Poyzer, �tllerk City of Rea!an�< Agreemens Version January 2007 1 a<MR r ALI PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) SS C.",ITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section 1 181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on June 11th, 2007, before me, Teresa Ballinger, Assistant City Clerk, on behalf of I,orrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City Clerk{ 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. � 11'1 H111,1111//Z , 1,1111// WITNESS my hand and official seal. m° LORRIE POYZER, CITY CLERK 1888 s °£a Teresa Ballinger, Assistant i y Clerk (909)798-7531 CAPACITY CLAIMED BY SIGNER(S)~— ~---- ~~-1~ R { } 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 "I`1IIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Stormwater Treatment Device and Control Measure Access and Maintenance Agreement; APN 0167-441-03 Date of Document: June 11, 2007 Signer(s) Other Than Named Above: Kaiser Foundation health Plan, Inc., by Pat Reyes Cappelli, Senior Project Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. Or before me, Date 1 personally appeared ,:i. -nu I lite of Officer(e.g.,"Jane Doe,Notary P P:;t (I rNanne(s)of Signer(s) l�3ersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are KARL C subscribed to the within instrument and Commission#tats586 acknowledged to me that he/she/they executed NotCq Pic-CONOMIC the same in his/her/their authorized Son BeMordino Cm* capacity(ies), and that by his/her/their My COMM,&0"Jun 14,20071 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m hand and official seal. Place Notary Seal Above S ature of Notary 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: -7 T Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: I-] individual El Corporate Officer—Title(s): Top of thumb here 0 Partner—1-J Limited I.]General E] Attorney in Fact I.] Trustee 0 Guardian or Conservato E:j Other: Signer Is Repres ing- 7 National Notary Association•9350 N Soto Aveatsworth,CA 91313-2402 Prod,No,5907 Reorder:Call T641-Free 1-800-876-6827 SHEET 1 OF 1 EXHIBIT "A " LEGAL DESCRIPTION PARCEL "C'° PARCEL "C"OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 501, IN THE AS PER DOCUMENT RECORDED AUGUST 28, 2006 AS INSTRUMENT NO. 2006-0586892, OF, OFFICIAL CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CONTAINING: 1,688,233 SQUARE FEET MORE OR LESS. DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. J >t vd ) R1. LAt�i P.L.S. No. 2767 D REG. EXP. 06130108 �c�` ©• E a fi G CL N0. 2767 =n J,�,A EXP. Q6j34j08 N.I2575(MAINTENANCE AGREEMENT EXHIBIT A.doe Last Update:03113107 SCALE: 1"- 300' EXH/B/T �B SHEET 1 OF 1 z MAP y N 89'29'16" E (RAO) -5�- ALMOND------------- --- N 89'29'16" E964 26' N 9'16" E 909.08' A VE 233.23' I L I h IUQ co d O 3 Z � ip N O .O PARCEL "A" NOT A PART 233.23' _ V N 89'25'49" C1558.68'_ A i/ENUr=-- SOUTH LINE OF INST. NO. 2006-0586892, OR LEGEND: INDICATES PARCEL "C" CONTAINS.- 1,688,2,33 SO. FT. f SURVEYOR- Lost Updole:3/13/07 N.\2575\ESMT\MAMTENANCE AGREEMENT\EXHIBIT B.dwg PREPARED DER THE SUPEROSION OF. �-4 1 0 Thienes Engineering, Inc. � No. 2767 CML ENG/NEER/NG •LAND SUAVEnNC ,t __ _ 1 o EXP. 06/30/08 14349 FIRESTONE BOUL L ARD - - _ L4 MIRAL K C•ALIFORN14 90638 D• ELL ZEY -- _ -<' P8(714)521-4811 fAV14)521-417„• PLS NO. 2767 9IC REG. EXP. JUNE 30, 2008 OF C A�\F