HomeMy WebLinkAboutContracts & Agreements_133-2008_CCv0001.pdf Recorded In Official Records, County of San Bernardino
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LARRY WALKER 4:06 PM
� x$ AuditorlController — Recorder FU
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO: =
Doc#: 2008—0377675 Titles: 1 Pages: 7
CITY CLERK Fees 0.00
CITY OF REDL ANDS Taxes 0.00
BOX 3005Other 0.90
REDLANDS,CA 92373 PAID $0.00
EKES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORM WATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT
Assessor's Parcel Number 0172-321-35
THIS AGREEMENT is made and entered into this 13th day of August , 2008,
by and between Jahn R. Hiebert and Allison M. Hiebert ("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 Exhibit "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 MS 299 -PM 17964 (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 bioswales 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 therefore 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 confided
space and waste disposal methods in effect at the time such maintenance occurs;
f
NOW, THEREFORE, in consideration of City's approval of the Project and the mutual
promises contained herein, the City of Redlands and John R. Hiebert and Allison M. Hiebert
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 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 No. 0172-321-35
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 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 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
Municipal Utilities and OWNER
Engineering Director John R. Hiebert and Allison M. Hiebert
City of Redlands 1107 Cypress Ave
PO Box 3005 Redlands.CA 92373
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 REDLANDS OWNER:
Harrison", Mayor (Joh R. Hiebert, Owner)
Attest:
(Ason M. Hiebert, Owner)iNA
Lorriee Poyzer, Citlrk
Agreements/Access&Maintenance Agreement
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COt.NTY OF SAN BERNARDFNO 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 13, 2008, 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) i4are subscribed to the within instrument and acknowledged to me
that lge4he they executed the same in his�er4thclr authorized capacity(ies) and that by hisihefAheir 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
1 1 11f ffl,1111. WITNESS my hand and official sea].
E 0
LORRIE POYZER, CITY CLERK
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1888
By:
—ts
Teresa Ballinger, Assistant Cdy 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 0172-321-35
Date of Document: August 13, 2008
Signer(s) Other Than Named Above: John R. Hiebert and Allison M. Hiebert, Owners
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SCLU
�►ttx`�Y c'�a
On - r7--03" before me, Mar,I,o a"Tsse./
Date IHere Insert Name and'Me of the Officer
personally appeared k4 Air- e+ G L4cl m ,ISnA M. c r
Name(s)ofSigner(s)
,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose names) fare subscribed to the
within instrument and acknowle���dg� edd� to me that
f e/they executed the same in`j;Ii ltheir authorized
capacity(ies), and that by 06-*their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
r
I certify under PENALTY OF PERJURY under the laws
t •C's
!sRftwodft Cawft of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature J�"
Place Notary Seat AboveSignature of Notaij Public
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(s)
Signer's Name: _ Signer's Name:
[11 Individual [] Individual
["1] Corporate Officer—Title(s): _ -.7 Corporate Officer—Title(s):
E) Partner—ED Limited r.-:) General E] Partner—_j Limited 1 General _
lip
1-1 Attorney in Fact • �' C:::]Attorney in Fact •
Ci Trustee
Top of thumb here Trustee Top of thumb here
Guardian or Conservator C-:i Guardian or Conservator
L-1 Other: _:Other:
Signer Is Representing: Signer Is Representing:
92007 National Notary Association-9350 Do Soto Ave,POBox2402-Chatsworth,CA 91313-2402-www.NationaiNotaryorg Item(15907 ReorderCatiTbll-Free 1-800-876-6827
EXHIBIT A
Lot A of Tract Map 8594, in the City of Redlands, County of San Bernardino, State of
California, as per plat recorded in book 151, Pages 96 and 97, Records of San Bernardino
County, California.
Excepting therefrom that portion of Lot A of said Tract Map 8594 described as follows:
Beginning at the most Northerly comer of Said Lot A, said point being the most Westerly
comer of Lot 7 of said Tract Map 8594, said point also lying on the Southeasterly right-
of-way of Cypress Avenue, 73.82 feet;
Thence S 56'20'00" W along the Northwesterly line of Said Lot A. and parallel to the
centerline of Cypress Avenue, 73.82 feet;
Thence S 26'54'18"E, 110.77 feet along the Southwesterly line of Said Lot A,
Thence N 56'20'00" E, 86.86 feet to the most Southerly comer of Said Lot 7;
Thence N ')')'40'00" W, along the Southwesterly line of Said Lot 7, 110.00 feet to the
Point of Beginning.
All as shown on Exhibit"B" attached hereto and by this reference made a part hereof.
This legal description was prepared by me or under my direction.
Warren D. Tuttle, R.C.E. 30171 Date
EXHIBIT "B"
-�RACT` �594
P.O.B. LOT 7 U
M3 151J90 D7
LO-r 6
N33*40'00"W
c'
176.56, 7 6,00loT 5 LOT 4 LOT 3 LOT 2 LaY I
- - '
OR
In (c ' et;et;50.86' S 33'39'50" E 499.99 30
'
1z
rte' t4-- 110.77' LOT A PARCEL 2
(A S 2 171,18' F
50' 6-54'18 E -A/ rak
281,95,
19-03'26
W un
347,02,
LO
ADDN NO 5 MAP Or REDLANDS M3 5J7
SLOCA R
SCALE 1 "=1 00,
PROFESS/pyo
"NA D
TUTTLE ENGINEERING
Civil Engineering Surveying
NO. 30171 Land Planning Improvement Design
EXP MAR 31, 2010 1445 W. REDLANDS BLVD., SUITE A �909 798-6785
REDLANDS, CA 92373 FAX =9� 798-1343
ATF OF CM- DATE:APRIL 9, 2008 SCALE: 1" = 100' 1 PROJ. NO.:05-231
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