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HomeMy WebLinkAboutContracts & Agreements_246-2005_CCv0001.pdf PLEASE COMPLETE THIS INFORMATION Recorded In Official Records, County of San Bernardino LARRY WALKER 14915 RECORDING REQUESTED BY: ,, r°", � MP PM ► Auditor/Controller - Recorder AND R Regular Mail AND WHEN RECORDED MAIL TO: DoDock2005—0949837 rides: 1 Pages: 11 City Clerk ' s Office Fees 0.00 s .00 City of Redlands r 0.00 PAID-- P . AID P . 0. Box 3005 Redlands , CA 92373 THIS SPACE FOR RECORDER'S USE ONLY RE-RECORDING TO INCLUDE EXHIBIT "A" FEES NOT REQUIRED OMITTED IN ORIGINAL DOCUMENT NO. 2005-0680763 RECORDED ON SEPT. 13 , 2005 PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE ACCESS AND Title of Document MAINTENANCE AGREEMENT THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) (.:HCVorrnslpgsuppl.Pt1► Recorded in Official Records, County of San Bernardino 9/13/2005 LARDY WALKER 10:58 Am emr„ AC ,SxX � AuditorlController — Recorder RECORDING REQUESTED BY R Regular Mail AND WHEN RECORDED MAIL TO: Doc#: 2005—0680763 Titles: 1 Pages: s CITY CLERK Fees 0.00 CITY OF REDLANDS Taxes 0.00 110 BOX 3005 Other 0.00 REDLANDS,CA 92373 PAID $O.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT REQUIRED STCRMWATER TREATMENT DEVICE ACCESS AND PER GOVERNMENT CODE MAINTENANCE AGREEMENT SECTION 6103 (AP`T 7/ Ctls1�{}u6n � l. vivl THIS AGREEMENT is made and entered into this 14th day of July, 2005 ,by and between ProLoizis ,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 Redlands Business Center,Mountain.View Avenue(CRA Na 781)_(the"Project")for the Property,the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff; and Acgreements1781-!Taint nrgrmnt.wpd WHEREAS, the Owner has chosen to install MoGard Plus Catch Basin Inserts and Infiltration Basins,hereinafter referred to as the"Device,"as an on-site control measure to minimize pollutants in urban stormwater runoff-, and WHEREAS, the Device has been installed in accordance with plans and specifications approved by the City; and WHEREAS, the Device, being installed on private property and draining only private property, is a private facility 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 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 ProLogis — agree as follows: AgreementsAlaint Agrmnt.wpd 2 AGREEMENT I The Owner hereby provides the City and its designees with full right of access to the Device and its 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 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 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 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 in full. AgreementsiMaint Agrrrnt.wpd 3 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 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 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 ran with the Property and shall constitute a lien against the Property. Agreements/Maint Agrmnt.wpd 4 S. 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. CITY OWNER Public Works Director ProLoids City of Redlands 3621 S. Harbor Boulevard, Suite 200 PO Box 3005 Santa Ana CA 92704 Redlands, CA 92373 AgreementsAllaint Agrmnt.wpd 5 I. 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: Susan,Peppler, Mayor Attest: Lorrie Poyzer, C r Agmetmnt&'Stormwater Treatment Device.wvd 6 State of California } County of Alameda } Subscribed and sworn to before me this 12th day of JanuM, 2005 by John Hanson of ProLogis DNOTARY PUBLIC, S TE bF CALIFORNIA TAMMY KASSNER C=ommission# 1374692 Notary Public - California Alameda County - ?vlv C: rn, , airs 11,2u 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 July 14 , 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 I Xj personally known to me - or - I 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-,A IORRIE POYZER, CITY CLERK 1888 By: Beatrice Sanchez, Deputy City Clerk � IFOV� 711111;11111 fill%% (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 Tratment Device Access &Mtce Agreement Date of Document: July 14, 2005 Signerts) Other Than Named Above: John Hanson for ProLogis DDMTHIENES ENGINEERING, INC. 16800 VALLEY VIEW AVENUE LA MIRADA, CA. 90638 December 8, 2005 J.N. 2490 SHEET I OF 2 A EXHIBIT 91 AYY PROPOSED LEGAL DESCRIPTION Lots 1,2,3 and 4 of Parcel Map No. 15911, in the City of Redlands, County of San Bernardino, State of California, as per map field in Book 200 pages 85 through 92 inclusive of parcel maps, in the office of the county recorded said county. This description as prep by me or under my direction. ATE: PN — B41AN L. TNI Er S P P L.S. Na. 5 750 T REG. EXP. 12131105 cc cc M NO.5750 co EXP.12/31/05 L:i2490ESMTS 1 LOTEXHIBITdocds Last Update: 1218,105 OF C SCALE:1"=200' HXHIBIT u�ar SHEET 2 OF 2 AVENUE SAN BER/yARDlN© _ -- 1 i 1 i 1 �J i ! 1 Lu 4 i k wi i z ' I 1 1 I 1 t 1 I ALMOND A VENUE LAND °-(M NO. 5750 to � SURVEYOR: ��� EXR12/31/45 Y 14` �. L t v:r w�i'i 11 � � � c CIVIL ENGINEERING * LAND .SURVEYING - t ', 16800 VALLEY VIEW AVENUE ?A, LA MIRADA, CALIFORNM 80638 tV' , 1 PH(714)521-4811 F&(714)521-4173 G s - t . -z , 20105 Los' Update:12/8/05 ;,2232 yLLA lo`exh;8{t.dwa PUBLIC WORKS DEPARTMENT kIEPIANDS Engineering Administration Division MEMORANDUM TO: Lorrie Poyzer, City Clerk FROM: Tom T. Fujiwara, Assistant Public Works Director THROUGH: Ronald C. Mutter, Public Works Director DATE: December 12, 2005 SUBJECT: Stormwater Treatment Device Access and Maintenance Agreement for CRA No. 781 - Southeast Corner of San Bernardino Avenue and Mountain View Avenue Attached is a signed and notarized original of the Stormwater Treatment Device Access and Maintenance Agreement with Exhibit A attachment for CRA No. 781, project located at the southeast corner of San Bernardino Avenue and Mountain View Avenue. The document originally was recorded on September 13, 2005 without the Exhibit A attachment (legal description of the property). 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 Works Department for our records, TTF:tf FILE: CRA NO.781