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HomeMy WebLinkAboutContracts & Agreements_109-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 5/25/2006 oto, LARRY WALKER 10:46 AM 1V1n, SH Auditor/Controller — Recorder RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: R Regular Mai) Doc#: 2006—0359458 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 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0168-061-01 THIS AGREEMENT is made and entered into this 22nd day of May, 2006 , by and between Ryland Homes of California, Inc. , 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 17502 (the "Project") for the Property, the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff, and I Agreements,M1QMPMaint AgrmntV3(4) WHEREAS, the Owner has chosen to install a vegetative swale 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: 2 AgreementsMOMPMaint AgrmntV3.doc AGREEMENT I 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 3 Agreements/WQMPMaint AgrmntV3.doc 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 4 Agreements/WQMPMaint AgrmntV3.doc 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. 5 Agreements/WOMPMaint AgrmntV3,doc CITY OWNER Public Works Director Ryland Homes of California, Inc. City of Redlands 1250 Corona Pointe Court PO Box 3005 Suite 100 Redlands, CA 92373 Corona, CA 92879 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 NER: Jon am-son, Mayor (Dan d, Assistant Vice-President) Attest: Teresa Ballinger, Veputy City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � �lrt�C/ '1 l Onarc A2g 906& before me, f - Data Name and Title of Officer(e.g.,"Jane hoe,Notary Publ'" personally appeared �h l�Q�'YI�Di°1 QY)ot "1� G tll� a�r'' , Name(s)of Signer(s) personally known to me I Ll proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4a/are subscribed to the within instrument and r comm. 015"Sw acknowledged to me thatlwtlsh /they executed NowyPolk• the same in hiefHer/their authorized San Bertwdmpl r capacity(ies), and that by W64�er/their CatnnY F� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN my hand and official seal. ( Sig tur of tary Public I I OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document Title or Type of Document: kZ a�'}d_ In7ye4l Document Date: _Number of Pages: i Signer(s)Other Than Named Above: lit ; c Capacity(ies) Claimed by Signer Signer's Name: � + f ❑ Individual Top of thumb here G Corporate Officer—Title(s): Lj Partner—❑ Limited ❑General Attomey-in-Fact Trustee El Guardian or Conservator t L Other: Signer Is Representing: 0 1999 National Notary Assc>,tatfon-9850 be Soto Ave-.PO,Box 2402•Chatsworth,CA 91313-2402•wvrw.nationalnotarv.erg Prod.No 5907 Reorder Call ToIFFree 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT is State of California ss. County of ` Y On before me, , Da Name an Title of Officere. �5 d ( g.,"Jane otary ublic"j personally appeared Name(s)of Signers) Ct4ersonaliy known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are RF�EE LYlN ICY subscribed to the within instrument and r� c�#15M72 acknowledged to me that he/she/they executed Noiary Public-C40WOmrin 9 .EVkw2W6 i� the same in his/her/their authorized �� �tq• capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. gl = IWITNESSmy nd and official seal. Signatur of Notary Public 6 OPTIONAL Though the information below is not required by taw,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: V Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: J Individual Top of thumb here I,] Corporate Officer—Title(s): C_I Partner—❑ Limited 11 General F1 Attorney-in-Fact U Trustee 0 Guardian or Conservator T ❑ Other: Signer Is Representing: 1C,1999 National Notary Association"9350 De Soto Ave.,PD.Box 2402"Chatsworth,CA 91313-2402"w NattonalNotary.org Prod.No.5907 Reorder Call Toll-Free t-800-876-6827 EXHIBIT A SHEET 1 OF 1 F MALID 201 LEGAL DESCRIPTION Portion of APN 0168-061-01 Portion of the southwest 1/4 of the southeast 1/4 of Section 14, Township 1 South, Range 3 West, S.B.M. The land described herein is situated in the City of Redlands, County of San Bernardino, State of California, and is described as follows: The west 10 feet of the east 1/2 of the west 1/2 of the southwest 1/4 of the southeast 1/4 of Section 14, together with the west 1/2 of the west 1/2 of the southwest 1/4 of the southeast 1/4 of Section 14, both in Township 1 South, Range 3 West, San Bernardino Meridian, State of California, according to the Official Government Plat of said land. Said description being all of Tentative Tract No. 17502. Containing 451,515 sq. ft. or 10.365 acres more or less R. AN'D FQs 0 Exp.09/30/07 ERALD R. ANDERSON, L.S. No. 4400 MY LICENSE EXPIRES SEPTEMBER 30, 2007 N©.4400 \