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HomeMy WebLinkAboutContracts & Agreements_209-2007_CCv0001.pdf .��..__'Y 9,_.:«v._. N ,.,,.... :. ✓ _u.,%. .'. a..: ...., ....w „v..s... -_✓U...�_.z:e._r^.Z �_,._. ��._.::: ^�..= o�_a,-.w ,mov+,a Recorded In Official Records. County of San Bernardino 11/1412007 LARRY WALKER r4ic s Pm PLEASE COMPLETE THIS INFORMATION `� � F; Ai Auditor/Controller — Recorder RECORDING REQUESTED BY: R Regular Mail CITY OF REDLANDS DOC#:. 2007-0632166 Titles: 1 Pages: 8 Fees 0.00 AND WHEN RECORDED MAIL TO: Taxes 0.00 CITY CLERK Other 0.00 CITY OF REDLANDS PAID $0.00 P.O. BOX 3005 REDLANDS CA 92373 SPACE ABOVE FOR RECORDER'S USE ONLY STORMti ATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND 'IAINTENANCE AGREEMENT APN 0171-161-15 Title of Document A D b D JI92 I (D I D 0 D D Q D 0 o 1 1 ---1 u THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 EEES 401 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 0171-161-15 THIS AGREEMENT is made and entered into this 14th day of _ Se_ptember . 2007, by and between NYS & NEW LLC ("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 Building Q and filed as CRA 825 (Rev. 2) (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 a vegetated swales, pervious paving, and landscaping (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, August 22, 2007 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 [Entity Legal Name of Owning Entity] agree as follows: AGREEMENT 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 detennined 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. 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. 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. This Agreement affects County of San Bernardino Assessor's Parcel No. 0171-161-15 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. 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. August 22, 2007 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. Time is of the essence in the performance of this Agreement. 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 Public Works Director NYS &NEW LLC City of Redlands 380 New York Street P.O. Box 3005 Redlands, CA 92373 Redlands, CA 92373 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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 REDLANDS: O ER: NYS & NEW LLC n Harrison, Mayor ` Laura Dangerm d SEP 1 4 2007 Attest: Member TruStee Lo 'e Poyzer C' y Jerk August 22, 2007 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF REDLANDS ) By the authority granted under Chapter 4, Article 3, Section H 81, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on October 30, 2007, 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{ 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. � 4F ©�9y/'�� LORRIE POYZER, CITY CLERK Z' FkPOR4 * 1888 % 4 �FOR ���s`�� Teresa Ballinger Assistant ,lty Clerk (909)798-7531 CAPACI'T'Y 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 DOCLJMENT DESCRIBED BELOW: Title or Type of Document: Revised Stormwater 'Treatment Device and Control Measure Access and Maintenance Agreement, APN 171-16I-15 Date of Document: September 14, 2007 Signer(s) Other Than Named Above: NYS &NEW LLC by: Laura Dangermond, Member Trustee CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��.�<`�'. �� .c��cc'{�c�.e<�.�`�, `,�.� .cc`,c� �' �-;r-� `..�';�=cc`.ct�czcr`,�c'.c:^ �.�.u�.cc`.�• State of Californ' Aa j ss. County of � 1 On - /y11 before me, Y pp — � Name and Title o Officer(e. "ane Notary Pubic") personallyeared a me(aj of Signe" — rsonally known to me Ab Ab ❑ proved to me on the basis of satisfactory , evidence t to be the person(s) whose name(s) is/are .,. subscribed to the within instrument and k,-Jsmj 3 ma acknowledged to me that he/she/they executed C�* 1624M1 the same in his/her/their authorized �Rib�c-c capacity(ies), and that by his/her/their MY C'c" signature(s)on the instrument the person(s), or Nor?dl, the entity upon behalf of which the person(s) acted, executed the instrument. WITN S my hand and official seal. Stgnature of N.1a,rPtAc `h1j OPTIONAL Though the Information below is not required bylaw,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. zN Description of Attached Document ' Title or Type of D771V ma lLel �� Document Date: Number of Pages: ? Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual • Top of thumb here 0 Corporate Officer—Title(s): L7 Partner-E-] Limited E General s Attorney-in-Fact E Trustee L-1 Guardian or Conservator L7 Other: Signer Is Representing: .1999 Natrona)Notary AssoaaRon•9350 De Soto Ave P O box 2402 Chatsworth,CA 97313-2402•www Na6onalNotaryorg Prod.No 5907 Reorder Gall Toll-Free 1-800876-6827 � Order Number: 0623-2398531 (04) Page Number: 9 LEGAL DESCRIPTION Real property in the City of Redlands, County of San Bernardino, State of California, described as follows: PARCEL 2 OF PARCEL MAP NO. 14573, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 174, PAGES 20 AND 21 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 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