HomeMy WebLinkAboutContracts & Agreements_134-2008_CCv0001.pdf Recorded in Official Records. County of San Bernardino 8/18/2008
4:06
LARRY WALKER FV PM
Auditor/Controller - Recorder
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: 1W R Regular Mail
CITY CLERK
Dock 2008—0377676 Titles: 1 Pages: 7
Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 Other 0.00
REDLANDS, CA 92373 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)
0169-311-12
THIS AGREEMENT is made and entered into this 13thday of_ August 2008,
by and between Nabil Saade ("Owner"), and 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 Redlands Shell, 127 E. Redlands Blvd. and filed as CUP 897 / PR 706, 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 a gravel infiltration pit and a sand/oil
separator (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;
City of Redlands
Agreement Vesion January 2007
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 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,
including 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. 0169-311-12,
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
Citv of Redlands
Agreement Version 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 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.
CITY OWNER
Municipal Utilities & Engineering Nabil Saade
City of Redlands Director 127 E. Redlands Blvd.
P.O. Box 3005 Redlands, CA 92373
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�OO EDLANDS: OWNER:
AelpJa arrison, Mayor Nabil Saade
Attest:
Lorne Poyzer lerk
City of Redlands
Agreement Version January 2007
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted tinder Chapter 4, Article 3, Section 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on August 13, 2008, before
me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City Clerk 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 hefs# they executed the same in his,ther,their
authorized capacity(ies) and that by his/hefAhelr 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 under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
A ..........
%kpo LORRIE POYZER, CITY CLERK
1838
........ By:
JFO�k
Teresa Ballinger, Assistant City Clerk
(909)798-7531
--------------------—
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for ones elf/th ems elves
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: Stomlwater Treatment Device and Control Measure Access and
Maintenance Agreement; APN 0169-311-12
Date of Document: August 13, 2008
Signer(s) Other Than Named Above: Nabil Saade, Owner
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
ak
State of California
County of
On before mena�
(Here insert harneand title of th icer) f
I
personally appearedcg �
who proved to me on the basis of satisfactory evidence to be the person(o'whose name(s)is/are-subscribed to
the within instrument and acknowledged to me that he/W4e4hey executed the same in hisAaar heir authorized 't
capacity(i o, and that by his/he it signature�4 on the instrument the person(s), or the entity upon behalf of
which the persons acted, executed the instrument. !'
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1'
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. ---------------
4
JODI NELSON
VITT •h d d Icial seal. COMM.# 1776285 ,p
NOTARY PUBLIC-CALIFORNIA N
SAN BERWOMO COWM
MY Comm,EXP,Nov.24,2011
— ('Notary Seal)
Sign re of Notary Publi '
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ADDI'T'IONAL OPTIONAL INFORMATION
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• Securely attach this document to the signed document
2000 Version C:APA~'12.10.0"7 1100-$73-q$6S www.NotarvClasscs.com
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EXHIBIT A
LEGAL DESCRIPTION
REDLANDS SHELL
LOTS 5, 6 AND THE EAST 34 FEET OF LOT 4, BLOCK"E", BALCOM ADDITION, IN THE
CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 4, RECORDS OF SAID COUNTY,
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF
CALIFORNIA, BY DEEDS RECORDED JUNE 15, 1960 IN BOOK 5161, PAGE 358 OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 6;
THENCE ALONG THE WEST LINE OF SIXTH STREET, 50 FEET WIDE, AS SHOWN BY
SAID MAP,NORTH 0 16' 18"WEST,20.10 FEET;
THENCE ALONG A NON-TANGENT CURVE CONCAVE NORTHWESTERLY WITH A
RADIUS OF 25 FEET,FROM A TANGENT BEARING OF SOUTH 0' 16' 18" EAST ,
THROUGH AN ANGLE OF 530 21' 56"A DISTANCE OF 23.29 FEET TO THE SOUTH LINE
OF SAID LOT 6, DISTANT ALONG SAID SOUTH LINE, BEING ALSO THE NORTH LINE
OF CENTRAL AVENUE (FORMERLY KNOWN AS WATER STREET) SOUTH 89' 57' 46"
WEST, 10.08 FEET FROM THE POINT OF BEGINNING;
THENCE ALONG SAID SOUTH LINE NORTH 890 57' 46" EAST, 10.08 FEET TO THE
POINT OF BEGINNING.
SEE EXHIBIT"B"ATTACHED HERETO AND MADE A PART THEREOF.
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