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Home My WebLink AboutContracts & Agreements_23-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 2/08/2007 LARRY WALKER 2:15 PM r nR Auditor/Controller — Recorder BS RECORDING.,REQUESTED BY � � R Regular Mail AND WHEN RECORDED MAIL TO: Doc#: 2007—0085574 Titles: 1 Pages: 10 Fees 0.00 CITY CLERK Taxes 0.00 CITY OF REDLANDS Other 0.00 PO BOX 3005 PAID $0.00 REDLANDS,CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORM W'ATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0171-161-15 THIS AGREEMENT is made and entered into this 1st day of February, 2007 by and between NYS & NEW LLC/Environmental Systems Research Institute, hereinafter referred to as "Owner," and the City of Redlands, a municipal corporation, hereinafter referred to as "City.'t 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 Building "MA" Addition, 371 New York Street, Redlands, CA 92374 (the"Project") for the Property, the City required the Project to employ onsite control measures to minimize pollutants in urban stormwater runoff; and WHEREAS. the Owner has chosen to install a vegetated Swale and landscapini7 hereinafter referred to as the "De-ice" and other control measures to minimize pollutants in urban stormwater runoff, and 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 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 ston-nwater 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 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. 10. 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 Ply CITY Public Works Director City of Redlands PO Box 3005 Redlands, CA 92373 OWNER David Atchley, Facilities Manager NYS &NEW LLC/Environmental Systems Research Institute 380 New York Street Redlands CA 92374 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 and signed by City and Owner. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS OWNER: Jo arrison, Mayor David Atchley, ESRIVfcilities Manager Attest: Lafie Poyzer qty Clerk ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code., and Chapter 2, Division 3, Section 40814, of the California Government Code, on February 1, 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 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. BE r) 4 /x LORRIE POYZER, CITY CLERK By: x v r Al" Teresa Ballinger, Assistant C y Clerk (909)798-7531 ----- ---—---------------------------—---—–—-------- CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves 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 TOTHE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Stormwater Treatment Device and Control Measure Access and Maintenance Agreement, APN 0171-16 l-1 S Date of Document: February 1, 2007 Sigiier(s) Other Than Named Above: NYS &NEW LLC/Environmental Systems Research Institute, Owner by: David Atchley, SSRI Facilities Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Q N_� State of California ss. County of :5,*1 0 ic before me, Date Warne and Title of Officer(e.g.,'Jan otaryPublic') personally appeared Z?ALwp L-A7_46t_4 ty_Names) of Stgner(s personally known to me EJ 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 MARY A.ARUMTA acknowledged to me that he/she/they executed Come#14the same in his/her/their authorized 66547] Nokuy ptAft-Ca&wft capacity(ies), and that by his/her/their n SOn Beftx*CNW Counly signature(s) on the instrument the person(s), or My Comm. 29. the entity upon behalf of which the person(s) acted, executed the instrument. WIT ESS my hang-pnd official seal. ,_gn.Wr.of N6f6y Pubh, 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: —------- Document Date: —----- Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ------- —-------- -—------ V101,11 Iwo T H F,-j Individual Top of thumb here [I Corporate Officer — Title(s): F] Partner— E-J" Limited []General E-1 Attorney-in-Fact El Trustee 7 Guardian or Conservator Other: Signer Is Representing:—_--__ 1999 National Notary Association-9350 De Soto Ave PO Box 2402-Chatsworth,CA91313-24Or2.wwwn Lnalnotaryorg Prod No 5907 Heord.c Call Toll-Free 1-800-876-6827 Attachment A WQMP Exhibit A Legal Description Exhibit B Map kiumb�_r06234-39E-73! Pacie Number 8 LEGAL DESC;UPTr0rV Real property in the City of Redlands, County of Sar, Bernardino., State off Calft-nia, described as foliows: 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. APN: 0171-161-15 vi 4 3 "Zi PAL 11 EXHIBIT A FirstAmerican 7-itle PARCEL M � ! FD.lir•r M.t'PPE - PER R.S.671 18 /RZ 1921 PPA FD.I'PPE ' es.eyrie SK.D3 � 97161 BEING A DIVISION OF A PORTION B f�CK 26 OF BAF PARK AVENUE PER MAP RECORDED IN MAP BOOK�i��PAGE 19 RECORI _ N��svE laa.T3 r 9rsnz4�. 3x.6 COUNT(, STAT,,(' CAUFZORNIA. / s6o_67 :sso.�" � 660.68 66o.e6� +` JOHN EGAN & ASSOCIATES I i I i m o �I e•3'1736' tS'1736') 00 R• 1000.00 (10 .003 L•92.n !92.397 i ` f A G&OM Nom 4 iYO z 12O'� 40'I 19 1. 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