HomeMy WebLinkAboutContracts & Agreements_196-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 8/14/2006
LARRY WALKER 2:32 PM
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;saeu�uAa Auditor/Controller — Recorder
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: R@t]ISt Mail
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Doc#: 2006—0553896 Titles: 1 Pees: s
CITY CLERK Fees 0.00
CITY
Taxes 0.00
PoBOX 3005 Other
Other 0.00
REsDI-ANDS,CA 92373 PAID X0.00
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) 0172-013-11 and 0172-013-12
THIS AGREEMENT is made and entered into this 4th day of August 2006 ,by and
between Robert & Sharlyn ziprick hereinafter referred to as "Owner," and the City of
Redlands, a municipal corporation, hereinafter referred to as "City."
RECITALS
WHEREAS,the Owner owns real property("Property")in the City specifically described in
Exhibit "A," which is attached hereto and incorporated herein by this reference; and
WHEREAS, at the time of approval of the development project known as
C. R.A. 787 (the "Project") for the Property, the City required the Project to employ
on-site control measures to minimize pollutants in urban stormwater runoff; and
AgreementsiMaint Agrmnt(2).wpd 1
WHEREAS, the Owner has chosen to install a bioswale and inlet f filter
hereinafter referred to as the "Device" and other control measures to minimize
pollutants in urban stormwater runoff, and
WHEREAS, the Device and other control measures have been installed in accordance with
plans and specifications approved by the City; and
WHEREAS,the Device and other control measures,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 peak
performance of the Device and other control measures 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 City's approval of the Project and the mutual
promises contained herein, the City of Redlands and (the "Owner") agree as follows:
AGREEMENT
I The Owner hereby provides the City and its designees with full right of access to the Device
AgreementsiMaint Agrmnt(2).wpd 2
and other control measures and the immediate vicinity of the property at any time, upon
reasonable notice; or in the event of emergency, as determined by City's Public Works
Director, no advance notice; for the purpose of inspection, sampling and testing of the
Device and other control measures, 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 repairs.
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.
Agreements/Maint Agrmnt(2),wpd
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 stormwater 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,
Agreements Imaint Agrmnt(2).wpd 4
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 th 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 Robert and Sharlyn Ziprick
City of Redlands 25624 Allen Way
PO Box 3005 Loma Linda, CA 92354
Redlands, CA 92373
AgreementslMaint Agrmnt(2).wpd 5
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 matter hereof.
12. This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
133. Any amendment to this Agreement shall be in writing and approved by the City Council of
City and signed by City and Consultant.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date first
written above.
CITY OF REDLANDS OWNER:
J
Jon,lfarrison. Nfayor Robert H. Zipri caner
ha yn'v/21 pr` wetr
Attest:
Lorrie Poyzer, Ci )�Jer
Agreements/Maint Agrmnt(2),wpd 6
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 August 4, 2006,
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.
Ov'111 f1111111' WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
V
18 88 By.- _
Teresa Ballinger, Assistant City Clerk
C, ......
(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 TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Stortriwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: August 4, 2006
Signer(s) Other Than Named Above: Robert H. and Sharlyn Ziprick, Owners
LEGAL DESCRlf?':L'J-0N PRIOR TO MERGER
A. P.N.
THE NORTHEASIFIERLY 65 FEET 'DIF 'THE NORTHWESTERLY j 1:�0. 00,t FEET OF LOT
4, BLOCK 28, AS SHOWN ON TEE MAP 01-` WEST R-.,- DLPuNE)S, IN THEI CITY Ci'
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 9, PAGE 22, OF MAPS, IN THE OFFICE Of' THE
COUNTY RECORDER OF SAID COUNTY .
2 . A.P.N. 0172-013-12
THAT PORTION OF LOT 5, BLOCK 28, MAP OF WEST RELANDS, IN THE CITY
OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 9, PAGE 22, 01, MAPS, IN THE OFFICE OF'
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTllWh',S'f,' CORN 1",P, OI:' "SA'ID LOT 51 ON TTI El
SOUTHEASTERLY LINE OF A 100 FOOT WIDE STREET KNOWN AS BROOKSIDE
AVENUE, THENCE NORTH 55" 55 ' EAST 64 . 64 FEET ALONG THE
NORTHWESTERLY LINE OF SAID LOT 5, SAID NORTHWESTERLY LINE BEING
ALSO THE SOUTHEASTERLY LINE OF SAID 13ROOKSIDE AVENUE;
THENCE SOUTH 280 20' EAST 75 .75 FEET;
THENCE SOUTH 340 40 ' EAST 74 . 64 FEET;
THENCE SOUTH 55" 55 ' WEST 57 . 81 FEET AND PARALLEL WITH THE
NORTHWESTERLY LINE OF SAID 1,01' 5 TO A POINT ON THE SOUTHWESTERLY
LINE OF SAID LOT 5;
�j
THENCE NORTH 3li10 05 ' WEST 150 FEET AEON— THE SOUTHWESTERLY LINE
OF SAID LOT 5 TO THE POINT OF BEGINNING.
No. 22699
Expiration
12 31/07