HomeMy WebLinkAboutContracts & Agreements_208-2007_CCv0001.pdf __... . ... 1 11141 zuu I
LARRY WALKER 4:36 PM
` Auditor/controller — Recorder
NC
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY: R Regular Mail
CITY OF REDLANDS Doc#:Y 2007—0632167 Titles: 1 Pages: 12
Fees 0.00
AND WHEN RECORDED MAIL TO: Taxes 0.00
Other 0.00
CITY
CITY OFERK REDLANDS PAID
P.O. BOX 3005
REDLANDS CA 92373
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT•APN 0171-171-10, 13, 22, 23, 24
Title of Document
A DP0
R
1192
(DI
D 0 D D �
D
0 LU
UOE (DIN
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev. 1/07:dt)
(S:/Master Forms/Examining/Doc Cover Sheet)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
SPACE ABOVE THIS LING Pt7R RECORDER'S USB
PER GO
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Numbers
0171-171-10, 0171-171-13, 0171-171-22, 0171-171-23, 0171-171-24
THIS, AGREEMENT is made and entered into this 14th day of
September 2007, by and between NYS LLC ("Owner"), and ,he City of
Red lands, 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
0
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 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.
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 Nos.
0171-171-10, 0171-171-13, 0171-171-22, 0171-171-23, 0171-171-24, 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
August 22,2007
costs and other relief, be entitled to the recovery of its reasonable attomeys'
fees, including fees for the use of in-house counsel by a Party.
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 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: WN"R: ,N,YS, LLC
C,2
J Hamson, ayorLaura Dangermon $ 1 4 2007
Member Trustee
Attest:
Lo e Poyzer, Jerk
August 22, 2007
o,. .,sem G�t. �. '"~vs:� ;^ ,.,G�-� .F-�5� -✓c� ,.�...r ..;v�..;„.,....w.�c.��;rr .r,...ate.;-s,. w,�_M.:.,.tiw-.,—�. ,c-:.'.a"`� `-,, �;„
-.,..,..w....,:,. „,..,_,.,.�..>,,.. ,-.,..:...^% .s.....�.....,,...3�.„�,....':t... ..,,.,�..-„W:....._>,.a,� ,:, .`;7,...M.„,..,.a...... .��w^�-.,.,,..�r,.�;..,,✓��rus��� �r,.r.S...�_.,,,=a.,r,..,..�.a.�aT.,,.�a...,.,r .-.w....;n...,-..r^- .:,:;r, ,..,.....:;a-....r.�'.�,.,7.rr.,,,.,,
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted under Chapter 4, Article 3, Section 1181, 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 Lorne 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.
REO/
•• •. LORRIE POY7ER, CITY CLERK
1888
By. �X Uti
i��C t FOVk ���� Teresa Ballinger, Assistant City ,lerk
�I///f I I I I IW (909)798-7531
--------------------------------------------------
-- CAPACITY CLAIMED BY SIGNERS)
{ } 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 DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Revised Stormwaier Treatment Device and Control Measure Access
and Maintenance Agreement, APNs 171-171-10, 13, 22, 23 and 24
Date of Document: September 14, 2007
Signer(s)Other Than Named Above: NYS LLC by: Laura Dangermond, Member Trustee
ALIFORNIA ALL-PURPOSE
EDGMENT
COW
State of California
ss.
County of /►
On �,before me,---`` f 77 Date Name and Titie of Officer!e.qlqan oe,Notary Public")
personally appeared ���j// � - --
---���C� ��"— - Names)of Signar(s -----'
S rsonally known to me
El proved to me on the basis of satisfactoryS
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
UM capacity(ies), and that by his/her/their X
CoK iors�1624M1 signature(s) on the instrument the person(s), or
hoc" the entity upon behalf of which the person(s)
San senixodWID C4urdV acted, executed the instrument.
WIT SSmy hand and official seal t
Signature of Notary Public �C•��
PIS OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent
hh fraudulent removal and reattachment of this farm to another document,
Description of Attached Document
,�� Title or Type of Document.
2
Document Date: !f _.Number of Pages:
Signer(s) Other Than Named Above: -
Capacity(ies) Claimed by Signer
Signer's Name:---------------------------- — �
Tep of thumb here
Individual
Ll Corporate Officer—Title(s): --- ----------- ,'
Partner--O Limited EI General
Attorney-in-Fact
Trustee
I-; Guardian or Conservator
iJ Other: -- —
Signer Is Representing: _ — --
`•�;�:`�;`�:^�Ci�.:' '�.,et::'�t:'�.`�:`�t�'�,.'�:zit;�;`�t,�,'�t�'�C.,t;c,`�S�t?�.' .�:�Cc�c:-~�.1�U'�,'Gs:�r'c;ca,'Ct>'f"-C:`�=c;`�'�^:
'C,1999 National Notary Association•9350 De Soto Ave.,P.O-Box 2402•Chatsworth,CA 91313-2402-www.NatronalNota y org Prod No 5907 Reorder Cat{Toll-Free t-804-B76-6827
a
i
4
O ` � i O e � !n..• O
xO
d Qui
LO
4 J 6
L
C Y�
o Q �
C� as p
cr) t
o to
Cj.✓m o �' ��� Y fi°� 1
co
d t ii
�I
O. ll
Y �
1
�C
6 \ N
' t �
i H
Y m.
d
Y '
4
�---f33Ui5---
l«
b
a
E
4>
x
LJO b 4-4S`VO''0000-LO-1L6-4LLO LOOZ-900Z'VD'ouip3ewa8ueS
— �m�
Order Number: 0623-2637Z22 (04)
Page Number: b
LEGAL DESCRIPTION
Real property in the City of Redlands, County ofSan Bernardino, State of California, described as
follows:
ALL THAT PORTION OF BLOCK 29 BARTON RANCH, IN THE CITY OF HEDLANDS, COUNTY OF
SAN BERNAR[IND 5T/�'EOFO\` FORNIA, AS PER PLAT RECORDED IN BOOK OF MAPS,
PAGE 19RECORDS
OF SAID COUNTY,^�^~ LYING SOUTHEASTERLY OF SOUTHERN PACIFIC
' � (]FVVAYAND UINGNORTHERLY OFCITRUS AVENUE
RAILROAD COMPANY, 8D FOOT RIGHT /
AND LYING WESTERLY OF THE FOLLOWING DESCRIBED ONE:
COMMENCING ATTHE CENTERLINE INTERSECTION OFNEW YORK STREET AND CITRUS
AVENUE' THENCE ALONG SAID CENTERLINE OF CITRUS AVENUE, NORTH 891 51' 15" EAST,
'
5O5'OUFEET TOTHE TRUE POINT OF BEGINNING OF SAID LINE SAID POINT LIES SOUTH 890
51' 15" WEST, ]c31O0FEET FROM ANANGLE POINT INTHE CENTERL [}
INEF [�lRUSAVENUE;
HE-TRUE POINT OFBEGINNING NORTH OoO8' 4S" VVEST, 287.5FEET, MORE
OR LESS, TO lM
THENCE FROM [ETERMINUS OF SAID LINE ATA POINT ONTHE SOUTHEASTERLY RIGHT OF
WAY LINE OFAFORESAID SOUTHERN PACIFIC RAILROAD.
EXCEPTING THEREFROM THAT PORTION DESCRIBED ASFOLLOWS:
COMMENCING AT THE CENTERONE INTERSECTION OF NEW YORK STREET AND CITRUS
AVENUE' THENCE ALONG SAID [ENTERI INE 0FCITRUS AVENUE, NORTH 890 S1' 15" EAS[
4O2 12 FEET; THENCE NORTH 00 08' 45" WEST, 32.00 FEET TO THE TRUE POINT OF
BEGINNING,
rNG '0NTHE NORTH LINE OFSAID CITRUS AVENUE; SAID POINT OF BEGINNING IS
T�uBEGINNING
»uIN`ING [)FA[URVE [ON[AVETDTHE NORTH AND VVHO5ERADIUS IS368FEET,
�� ��uuwv INITIAL TANGENT
' BEARS NORTH 890 51' 15" EAST; THENCE FRO�4THE TRUE
AND WHOSE GINNING EASTERLY, ALONG SAID CURVE 104.27 FEET AND THROUGH A CENTRAL
pOINTO� �� "' ��c«�—' ONTHEEASTLINEOFTHEHEREINA80VEDESCRIBE[}
ANGLEOF1�o 14' O� TDApOIN| SAID INE SOUTH 0» O8^ 45" EAST 14'67FEET TOA
pAR[ELOFLAND� THENCE ALONG �U�AyENUE.' THEN[EAU]NG SAID NORTH ONE SOUTH
POINT ON SAID NORTH LINEO�[l|K ~
89o51' 15" WEST 1U2.88FEET TOTHE TRUE POINT DFBEGINNING.
APN: 0171-171-1O-O-O00
NL
First American Title
Order Number: 0623-2637225 (04)
y Page Number: 6
LEGAL DESCRIPTION
Real property in the City of Redlands, County of San Bernardino, State of California, described as
follows:
ALL THAT PORTION OF BLOCK 29 OF THE BARTON RANCH IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6,
PAGE(S) 19, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING IN THE CENTER LINE OF NEW YORK STREET 47.2 FEET NORTH OF THE
INTERSECTION OF THE CENTER LINES OF NEW YORK STREET AND CITRUS AVENUE; THENCE
NORTHERLY ALONG SAID CENTER LINE OF NEW YORK STREET, NORTH 00 43' 45" WEST
124.33 FEET; THENCE PARALLEL WITH CITRUS AVENUE, NORTH 890 51' 15" EAST, 249.00
FEET, MORE OR LESS,TO A POINT ON THE NORTHWESTERLY LINE OF THE RIGHT OF WAY OF
THE SOUTHERN PACIFIC RAILROAD; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY
LINE OF SAID RIGHT OF WAY, 280.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
EXCEPT THE WESTERLY 32.00 FEET THEREOF LYING WITHIN NEW YORK STREET.
APN: 0171-171-13-0-000
114,353
va d
First American Ttle
Order Number: 0633-2637221 (04)
Page Number: 7
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, 5350, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 50 OF PARCEL MAPS,
PAGE 45, RECORDS OF SAID COUNTY.
APN: 0171-171-22-0-000
g
BR'S/• y� V..l'!,:'d}h
$ &3. ew
" ", '
Fir5t-Ainel-tc3 ' TVe
k
Order Number: 0623-2637220 (04)
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of Redlands, County of San Bernardino, State of California, described as
follows: S COUNTY OF SAN
PARCEL 1 OF PARCEL MAP NO. 5350,
IN THE CITY AS PER PLATOF REDLAND RECORDED ,IN BOOK 50 OF PARCEL MAPS,
BERNARDINO, STATE OF CALIFORNIA,
PAGE 45, RECORDS OF SAID COUNTY,
APN: 0171-171-23-0-000
�. 6 r
CIVIL
First American Ttle
Order Number: 0623-2837218 (04)
Page Number: h
LEGAL DESCPIPTION
Real property in the City of San Bernardino, County ofSan Bernardino, State of California!
described as follows:
A PARCEL OF LAND SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO,
STATE OFCALlFDRNIA �EINGTHAT PORTION OFTHE 8OF[)OTVVIDESTRIP OFLAN[} AS
DESCRIBED IN DEED D' --D SEPTEMBER 15, 1887, FROM THE BARTON LAND AND VV/[TER
COMPANY TOOSCAR N'`^-^ERG, ETAL./ RECORDED SEPTEMBER Z7, 1887INBOOK 62, PAGE
625OF �ECO~�`~FSAIDCOUNTY, INCLUDED VVITHINBLOCK 29, ASSAID BLOCK lS
' ' ^"`~~ ~' ^NMAP "MAP [}FTHEGART�NRANCH" REC{}RDEDDECEMBER 5,
�EONEATEDDNTHAT��RT�1 ,
1887INBOOK GC)FMAPS, PAGE 19, RECORDS OFSAID COUNTY,
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OFTHE EASTERLY
PROLONGATION OF THE NORTHERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO PAUL
]. DANGERMOND ET UX., BY DEED RECORDED AUGUST 1. 1978 IN BOOK 9486, PAGE 1533,
OFFICIAL RECORDS,
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THAT CERTAIN PROPERTY
CONVEYED TOSOUTHERN PACIFIC RAILROAD COMPANY ASDESCRIBED INTHE DEED
RECORDED IN BOOK 142, PAGE 239, OF DEEDS.
APN: O171-171-24-O-OOO
14853
CIVIL
first American Title