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HomeMy WebLinkAboutContracts & Agreements_5b-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 1/10/2007 LARRY WALKER ; Pm Auditor/Controller — Recorder MP RECORDING REQUESTED BY t AND WHEN RECORDED MAIL TO: R Regular Mail Doc#: 2007—0020069 Titles: 1 Pages: 10 CITY CLERK CITY OF REDLANDS Fees 0.00 PO BOX 3005 Taxes 0.00 REDLANDS,CA 92373 Other 0.00 PAID $0.00 FEES NOT REQUIRED PER GOVERNMENT CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0168-111-08-00000 THIS AGREEMENT is made and entered into this 8th day of January, 2007 , by and between Redlands Villas 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 17533 (the "Project") for the Property, the City required the Project to employ on-site control measures to minimize pollutants in urban stonnwater runoff; and i Agreements/W QMPMaint_AgrmntV 3_052306.doc WHEREAS, the Owner has chosen to install a Vegetated Swale, hereinafter referred to as the "Device" and other control measures to minimize pollutants in urban storinwater 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 Redlands Villas, LLC agree as follows: 2 Agreements/WQMPMaint AgrmntV3-052306.doc 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 expense to the Owner, including administrative costs, attorneys' fees and interest thereon 3 Agreements/WQMPMaint AgrmntV3_052306.doc 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 storinwater 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 a Agreements/W OMPMaint_AgrmntV3_052306.doc 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. 1.0. 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. 5 Agreements/WQMPMaint_AgrmntV 3_052306.doc CITY OWNER Public Works Director Redlands Villas, LLC City of Redlands Attn: Hector Ruiz PO Box 3005 6336 Taylor Canyon Dr. Redlands, CA 92373 Rancho Cucamonga, CA 91739 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 OWNS : Jain Harrison,Mayor Redlands Villas, LLC Hector Ruiz, President Attest: Lorrfe Poyzer, Utoerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �AclN l) ss. f'.s syAiNe� On before me, to ' n Nww 9 M Title of Officer(e.g.,'Jam Doe,Notary Pubte) personally appeared �-i D I Z , Narne(s)of signer(s) 14'ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 06 iftolallifto capacity(ies), and that by his/her/their u signature(s)on the instrument the person(s), or C rtf #16m)I the entity upon behalf of which the person(s) to.0WftM10 acted, executed the instrument. Son Swnom*o Cm* 1, WI ESS my ha and official seal ) mre of Nohary PuWb 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: �i Nlt5*1 iAA Document Date:1{N KN0LA'1#11j Number of Pages: ( Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: fZ- t MUCH MIN ❑ Individual Top of thumb here corporate Officer—Titte(s): P2t S i d ❑ Partner—❑limited ❑General ❑ Attomey-in-Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•w .netlonatr*tary.org Prod.No.5907 Reorder:Call Tolf-Free 1-800-876-8827 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF SAN BERNARDINO ) SS CITY OF REDL ANDS } 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 January 8, 2047, before me, Beatrice Sanchez, Deputy 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. �•°•s '� LORRIE POYZER, CITY CLERK. $ffBy: •.§ , Beatrice Sanchez, Deputy Clerk try (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) { } Individual(s) signing for oneself/themselves { } 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: Stor water Treatment Device & Control Measure Access Date of Document: January 8, 2007 Signer(s) Other Than Named Above: Hector Ruiz for Redlands Villas, LLC EXHIBIT A (Legal Description} THE NORTH 670 FEET OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF w4 �CHU tr' pEn„ ,60 r, q Agreements.NdOMPMaint_AgrmntV 3_052306.doc SAN BERNARDINO AVENUE SCALE 1"=100' M i , ,r* 3M4V 0 W W U'> N ? S � U S o 29 o o z b a � 4-41 0 0 QR,OFESS/pN�� l \sytt` FZG) W41'3r¢ - wass5 _,e 320,26'aw ze' W4,'3re — Wk l_ -- /� 2 ,0.00 mg I -� SHERRY WAY r�---- R j 27460 wem*il•w 3w.29'ma(I * Exp.6-30-07 VL s CITY OF REDL ANDS CAL LAND ENGINEERING, INC_ ` t AP.N. 0168-111-08-00000 576 E. LAMBERT ROAD A PORTION OF THE NORTH HALF OF THE NORTH-EAST BREA, CA 92821 OUARTER OF SECTION 23, TOWNSHIP 1 SOUTH, RANGE 3 (714)671-1050 FAX(714)671-1030 Wiltiom C. Shen, RCE 274 WEST, SAN BERNARDINO OF BASE AND MERIDIAN, TE OF CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ACCORDING TO GOVERNMENT SURVEY, SAID 670 JUNE 30, 2007 FEET BEING MEASURED FROM THE CENTER LINE OF SAN BERNARDINO AVENUE.