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HomeMy WebLinkAboutContracts & Agreements_6-2009_CCv0001.pdf 11 Recorded in Official Records, County of San Bernardino PLEASE COMPLETE THIS INFORMATION -, 1!06/2009 LARRY WALKER 4:33 PM RECORDING REQUESTED BY: Auditor/Controller — Recorder SG CITY CLERK ` CITY OF REDLANDS R Regular Mail AND WHEN RECORDED MAIL TO: _ CITv CLUX Doc#: 2009—0006023 Titles: t Pages: 8 CITY OF REDLANDS Fees 0.00 —P.O. BOX 0 0 5 I Taxes 0.00 REDLANDS , CA 92373 Other 0.00PAID $0.00 SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT APN 0169 -111-17 Title of Document D Q 0 R CTH a AIIE [FO R CO 0 [o o p us (00HL-y- THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) (Rev.9127/07-adt) (Word/S:/Doc Exam/Cover Sheet) RECORDING REQt'�ESTFD BY WHEN EN RECORDED %MAI L TO: CITY CLERK CITY' OF REDLANDS 13.0. BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED SPACE A_BUVE Tfils I-IN[-,Joft PER GOVERNMENT CODE SEMPM110WATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0169-111-17 THIS AGREEMENT is made and entered into this 15 thdav of December 2008, by and between Bakul Patel and Chhava Patel, husband and-wife as * and Joint tenants ("Owner' the City of Redlands, 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 Exhibits "A" and '-B*' which are attached hereto' and incorporated herein by this reference, and WHEREAS., at the time of approval of the Owner's development project commonly known as CRA 809, Southwest corner of Colton Ave. and New York St. and filed as CRA 809 (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 an underground detention basin (the "Devices") to minimize pollutants in urban storrnwater 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. Cay of Regia; Ag,eement Version January 2007 NOW. TFIEREFORE, in consideration of the City's approval of the Project and the inutual promises contained herein., the City of Redlands and Bakul Patel and C,I ihaya Patel. husband and wit'c as joint tenants 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 emergency, 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. 2. 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 materials 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', includinc, administrative costs, attorneys' fees and interest thereon at the maximum rate authorized 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. 0169-111-17 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 here-under shall Uy of Peedanl-s Agrcement Ve s+o,i january 2007 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 rernain 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. CITY OWNER Municipal Utilities Bakul Patel and Chhava Patel, husband and Engineering Director and wife as joint tenants City of Redlands ello Surendra Patel P.O. Box 3005 1371 W. Redlands Blvd. Redlands, CA 921373 Redlands., CA 92373 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 REDLA?NDS: OWNER: ER: JW,h h Harrison, Mayor Bakul Patel Attest: Lorri0oyzer,_ it Vle k Chhaya Patel City of R—eflands Agrearnem Version jaruary 2007 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted Linder Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 15, 2008, before me, Lisa Caldera, Administrative Assistant, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison, Mayor and Lorne Poyz-er, City Clerk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i-,/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/hentheir authorized capacity(ies) and that by IBJ entheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY Linder the laws of the State of California that the foregoing paragraph is true and correct, t!f f1j"ll'I WITNESS my hand and official seat. A S, LORRIE POYZER, CITY CLERK tp VIC ........ By: C L IF 0, Lisa aldera, Administrative Assistant (9 )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 fxj 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: Storm water Treatment Device and Control Measure Access and Maintenance Agreement; APN 0169-111-1 77 Date of Document: December 15, 2008 Signer(s) Other Than Named Above: Bakul Patel, Owner and Chhaya Patel, Owner ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,�6� )SS' On &.g1?A .9�. '�q_o 0 8 before me. 61 U HPi¢L G A L,-),4 , Notary Public, personally appeared f34 K u ,�A T)c H H��A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ G RU PAL BAWA COMM. #1631012 � NOTARY PUBLIC-CALIFORNIA C. SAN BERNARDINO COUNTY MY Comm.Expires Jan.15,2010 Signature (seal) OPTIONAL INFORMATION Date of Document "' " M. e Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible (Witness(es) ❑ Check here if Capactiy of Signer: no thumbprint Trustee or fingerprint is available. Power of Attorney - CEO / CFO / COO President /Vice-President / Secretary / Treasurer Other Other Information: ©RIVERSIDE RUBBER STAMP&ENGRAVING(RRSE)•800-STAMP-19•(951)684-5411 •(951)684-7208-Fax•www.rrse.com•info@rrse.com EXHIBIT"A" LEGAL DESCRIPTION THAT PORTION OF THE WESTERLY 8.00 FEET OF NEW YORK STREET, VACATED BY THE CITY OF REDLANDS PER RESOLUTION NO. 3093, RECORDED JANUARY 23, 1974 IN BOOK 8353, PAGES 626 AND 627, OFFICIAL RECORDS, LYING EASTERLY OF AND ADJACENT TO LOT 27 OF BARTON RANCH, AND A PORTION OF SAID LOT 27 OF BARTON RANCH, LOCATED IN THE CITY OF REDLANDS, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTIONS OF THE CENTER LINES OF COLTON AVENUE, 41.25 WIDE ON THE SOUTH SIDE. AND NEW YORK STREET, 32.00 FEET WIDE ON THE WEST SIDE; THENCE SOUTH 00059'10" EAST 275.27 FEET ALONG SAID CENTER LINE OF NEW YORK STREET TO THE POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF THE NORTH 275.25 FEET OF SAID LOT 27; THENCE LEAVING SAID CENTER LINE SOUTH 89042'51"WEST 32.00 FEET ALONG SAID EASTERLY PROLONGATION TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID NEW YORK STREET, ALSO BEING THE EASTERLY LINE OF SAID VACATION AND THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89042'51"WEST 144.01 FEET TO THE SOUTH WEST CORNER OF THE NORTH 275.25 FEET OF THE EAST 176.00 FEET OF SAID LOT 27; THENCE NORTH 00059'31"WEST 208.54 FEET ALONG THE WEST LINE OF THE EAST 176.00 FEET OF SAID LOT 27 TO THE NORTHWEST CORNER, SAID NORTHWEST CORNER BEING A POINT ON THE SOUTHWEST LINE OF THAT PROPERTY CONVEYED TO THE SATE OF CALIFORNIA BY DOCUMENT RECORDED JUNE 26, 1987 AS INSTRUMENT NO. 87-218366 OFFICIAL RECORDS; THENCE SOUTH 67°30'39" EAST 157.00 FEET ALONG THE NORTH LINE AND SAID SOUTHWEST LINE TO THE NORTHEAST CORNER, SAID CORNER BEING A POINT ON SAID WEST RIGHT-OF-WAY LINE AND SAID EAST LINE; THENCE SOUTH 00059'31" EAST 147.76 FEET ALONG SAID WEST RIGHT-OF-WAY LINE AND SAID EAST LINE TO THE TRUE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 0.589 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SAID DESCRIPTION AFFECT APN 0169-111-170A O I L. r - Ife, ° `CARSON L. STORER P.L.S. 3913 . EXPIRATION DATE: JUNE 30, 2010 PLS N 3U P DATE. ,, l CW PAGE 1OF1 v EXHIBIT 'B' 0PROPE'L `' C? taY T{ TSL 5 i AT L Of CALit(DDRIN A S4, 1iNl5 . N0, 67-21�53C 0.° COLTON AVENUE f, N 2' POCj VACAT'Ol\j BY CITY OF KEDLIANDS K—PS. NO. 3003 C O.K. BOOK 8353 # civ PAGES 626 627 1KEC. I n 1 -31 - 1974 ! � \` 40' 'VEST DNL EAST 40' a m 0 - 0 z j WLST Df3P DOC NO. 21007-0523957 O.R. EASE . 76' lir ,4( �ii J ry � f L_ r 44) ! 1 13atl PLS No.3913 �� -- 144,0; ' � �2' 5 69042'5 1 " "0V ,1 7,--i \�p L0-7B LuNL rL 7 L f Wil`, L. a R L c DA C. !— .. _ SCALE 1 i"=40'