HomeMy WebLinkAboutContracts & Agreements_52-2009_CCv0001.pdf Recorded in Official Records, County of San Bernardino 4/13/2009
LARRY WALKER 4:07 PM
k AuditorJController — Recorder FU
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
CITY CLERK
ooc#: 2009-0154421 Titles: 1 Pages: 7
i
CITY OF REDLANDS I Fees 0.00
Taxes 0.00
P.O. BOX 3005 Other 0.00
REDLANDS, CA 92373 I 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)
0170-171-01
THIS AGREEMENT is made and entered into this 7th day of April ,2009
by and between WF Construction, Inc., a California Corporation ("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 Bulldog Commons and filed as CUP 836 (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 infiltration basin system (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;
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and WF Construction agree as follows:
AGREEMENT
I 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. 0170-171-01,
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
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
City Engineer WF Construction, Inc.
City of Redlands 620 Arrow Highway
P.O. Box 3005 La Verne, CA 91750
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,,REDLAN S: 0 ER: CONSTRUCTION, INC.
X,
Jo
arrison, Mayor e Wilkins, President
Attest:
Lo,"rrit Poyzer, - C rk
1,L-PURPOSE ACKNOWLEDGNIENT
STATE OF CALIFORNIA I)
COUNTY OF SAN BERNARDINO Ss
(,ITY OFREDLANDS
By the authority -ranted Under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chaptcr ')
Division 3, Section 40814, of the California Government Code, on April 7., 2009, 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) istare subscribed to the within instrument and acknowledged to me
that he/she,they executed the same in hi,.4eF,their authorized capacity(les) and that by his/heFAheir 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 OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
-4 P
I j
By-
r
F 0
V
Teresa Ballinger, Assistant City Clerk
(909)798-7531
--------------------------------------------------------
CAPACITY CI-MME'D BY SIGNLR(S)
Individual(s) signing; for oneseff/thenisch,es
�n e
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
------------------------------------------------------------------------
'FFIIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMf-,NT DESCRIBED BELOW:
Title or 'Type Of DOCUrnent: Stormwater Treatment Device and Control Measure Access and
11)
Maintenance Agreement, A PNs: 0170-171-01
Date ofDoCIA111CIII: Aprif 2009
Signer(s) Otlict-Than Named Above: WF Construction. hic. by: Joe Wilkins, President
ACKNOWLEDGMENT
State of Califo nia
County of �S
On before me,
(insert name and tle of the office
personally appeared t `n .
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 acknowled ed to me that(�e he/they executed the same in
his er/their authorized capacity(["), and that b his er/their signatureN 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.
WITNES&mynd o ICVOW**M 14#760Signature (Seal)
LEGAL DESCRIPTION - REMAINDER PARCEL
CITY OF REDLANDS
COUNTY OF SAN BERNARDINO
EXHIBIT "A"
LOTS 1 TO 3, INCLUSIVE,AND LOTS 22 TO 24, INCLUSIVE, BLOCK "G"OF LUGONIA PARK,
IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 4, PAGE 50, OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AND ANY PORTION OF THE SOUTH HALF OF SYLVAN
BOULEVARD ADJOINING SAID LOTS 1 TO 3, INCLUSIVE, ON THE NORTH AS VACATED BY
RESOLUTION NO. 794 OF THE CITY OF REDLANDS, A CERTIFIED COPY OF WHICH WAS
RECORDED OCTOBER 28, 1955 IN BOOK 3776 PAGE 188, OFFICIAL RECORDS, OF SAID
COUNTY,
EXCLUDING THAT PORTION OF SYLVAN BOULEVARD AS ESTABLISHED BY RESOLUTION
NO. 484 OF THE CITY OF REDLANDS, ADOPTED MARCH 6, 1929 AS WOULD PASS BY
OPERATION OF LAW WITH A CONVEYANCE OF LOTS 1 TO 3, INCLUSIVE, BLOCK "G"
ACCORDING TO SAID MAP OF LUGONIA PARK,
EXCLUDING THE WEST 2.00 FEET OF LOTS 1 AND 24 IN BLOCK "G" OF LUGONIA PARK,
IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 4, PAGE 50, OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
NOTE: BY RESOLUTION NO. 794, RECORDED OCTOBER 28, 1955, IN BOOK 3776, PAGE
188, OFFICIAL RECORDS, ALL SYLVAN BOULEVARD LYING BETWEEN UNIVERSITY
STREET(FORMERLY KNOWN AS EAST STREET)AND JUDSON STREET WAS ABANDONED.
SAID RESOLUTION RECITES "THAT NOTHING IN THE PROCEEDING IS INTENDED TO
CHANGE OR CLOSE ANY PORTION OF SYLVAN BOULEVARD AS IT HAS EXISTED
SUBSEQUENT TO THE OPENING OR WIDENING OF SYLVAN BOULEVARD UNDER THE
PROVISIONS OF RESOLUTION OF INTENTION NO. 484 ADOPTED ON MARCH 6, 1929".
Area:132,817 sq ft
All as shown on Exhibit "B " attached hereto and by this reference made a part hereof.
END OF DESCRIPTION
This real property description has been par y me, or under my
direction, in cont rmance the r fe onal Land urveyors Act.
Signature �t '
Date `
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EXHIBIT "B"
REMAINDER PARCEL
CITY OF REDLANDS, CALIFORNIA
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8 42 42„E ��N NO 484 — V)99,99,
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PARCEL - 132,817 SFt 0 8.0 160 Exp 0..........._._..._...._... * 5M
SCALE IN FEET 9�F o�Lc
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Hernandez, Kroone & Associates, Inc OWNER PARCEL NO.
— CONSULTING ENGINEERS — BULLDOG COMMONS, LLC 0170-171 -01
H PLANNING - DESIGN - SURVEYING
234 EAST DRAKE DRIVE DESCRIPTION DATE
SAN BERNARDINO, CA 92408 2/18/09
(909) 884-3222 FAX (909) 383-1577 REMAINDER PARCEL
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