HomeMy WebLinkAboutContracts & Agreements_143-2007_CCv0001.pdf Recorded in Official Records,County of San Bernardino $/14/2007
.�' LARRY WALKER 4.36 PM
MA
Aft Auditor/Controller — Recorder
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
Doc#: 2007—0474924 Titles: 1 Pages: a
CITY CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 Payor $0.00
REDLANDS, CA 92373
FEES NOT REQUIRED
PER GOVERNIV16T 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(s)
0174-021-46
THIS AGREEMENT is made and entered into this 28th day of June , 2007,
by and between E Wayne Simmons Inc., a California corporation, ("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 Single Family Residence at 1359 Knoll Road (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 Source Control Best Management Practice
Devices (BMP) as follows:
1. Education of Property Owners
2. Activity Restrictions
3. Landscape Planning
4. Hillside Landscaping
5. Roof Runoff Controls
6. Efficient Irrigation
7, Protect Slopes and Channels
8. Inlet Trash Racks
9. Energy Dissipaters
10. Pervious Pavement.
11. Alternate Building Materials
and as shown on the Water Quality Management Plan filed with the City of Redlands (the
"Devices") to minimize pollutants in urban stormwater runoff; and
City of Redlands
Agreement version January 2007
WHEREAS, the Devices have been installed in accordance with plans and specifications
approved by the City; and
WHEREAS, the Devices being installed on rivatero erty
and y private
property, are private facilities with all maintenance or replacement therefor iibeing l 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
space and waste disposal methods in effect at the time such maintenance occurs;with all Federal, State and local laws and regulations, including those pertaining to confined
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and E Wayne Simmons Inc., a California
corporation agrees as follows:
AGREEMENT
1. 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.
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 shallprovide 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. 0174-021-4b
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
City of Redlands
Agreement Version January 2007
to the Property of the obligations herein set forth. This Agreement shall also constitute a
lien against the Property in such amount as will filly reimburse the City, including
1 interest as herein above set forth, subject to foreclosure in event of default in payment.
5. 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.
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 OWNER
Public Works Director E Wayne Simmons Inc., a California
City of Redlands corporation
P.O. Box 3005 1025 Calimesa Blvd, Ste 8
Redlands, CA 92373 Calimesa, CA 92320
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.
City of Redlands
Aareernent Version.;anuary 2007
!I
7
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date
first written above.
CITY OF R DLANDS: OWNER: E
mmons, Inc.
4arrison, Mayor E Way e mons, President
Attest:
Lo 'e Poyzer, ;i `CI rk
City of Redlands
Agreement Version January 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 I IS 1, of the California. Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on July 25, 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 Vii} personally known to me - or - 1 } 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.
R ED
LORRIE POYZER, CITY CLERK
m ,APo '42 '
18mt
° 4/FVk � By Teresa Balliner, Assistant Cit
ur�ttt Clerk
(909)795-7531
--------------
CAPACITY CLAIMED BY SIGNERS)
{ } Individuals)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: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement; =1PN 0174-021-4G
Date of Document: June 25, 2007
Signer(s)Other Than Named Above: E. Wayne Simmons, Inc., by: E. Wayne Simmons, President
s
S
ACKNOWLEDGMENT
State of California
County of
i
OrOQ04 8 . air before me, 1 "itC.►. 1 A t t �:_tn r �1, * ,,® �, tom,
(here insert name and title of the officer)
personally appeared lqq.1'- !
personally known to me ( basis ) to be
the person(pr) whose name() is/ subscribed to the within instrument and
acknowledged to me that he% ey executed the same in his/ fir authorized
capacity ' , and that by his/hefAheoir signature ) on the instrument the person,,
or the entity upon behalf of which the perso%4 acted, executed the instrument.
WITNESS my hand and official seal. 0-26— A ` dh s
WWU k DFLA
coffnission# i
**Wy mime-c
Signatur} � fterside o
01*C0r".EVkftAV23,
(Seal)
EXHIBIT A
LEGAL DESCRIPTION
A,P.N.0 174-021-46
PARCEL 2 AFTER LOT UNE ADJUSTMENT NO, 525
PARCEL 1, PARCEL MAP NO. 13777, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AS PER PLAT RECORDED IN PARCEL MAP BOOK 177, PAGES 7 AND 8, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION OF SAID PARCEL 1 DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1, THENCE ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL SOUTH 32°44'52"WEST 40.60 FEET(RECORD NORTH 32°44'21"EAST PER SAID
PARCEL MAP); THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 34°16'02"WEST 75.05 FEET TO AN
ANGLE POINT; THENCE NORTH 4754'51"WEST 126.36 FEET TO AN ANGLE POINT IN THE
NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHWESTERLY LINE NORTH
20°17'48"WEST 74.54 FEET(RECORD NORTH 20°18'19"WEST PER SAID PARCEL MAP)TO AN ANGLE POINT
IN THE NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH 89°39'44"
EAST 20.61 FEET(RECORD NORTH 89°39'13"EAST PER SAID PARCEL MAP)TO AN ANGLE POINT;
THENCE ALONG SAID NORTHERLY LINE NORTH 83°17`19"EAST 18.99 FEET(RECORD NORTH 83°40'42"
EAST 19.11 FEET PER SAID PARCEL MAP)TO THE NORTHEASTERLY LINE OF SAID PARCEL 1, SAID LINE
ALSO BEING THE SOUTHWESTERLY LINE OF LOT 6, TRACT NO. 16460 AS PER PLAT RECORDED IN MAP
BOOK 310, PAGES 77 AND 78, RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE
SOUTH 36°39'38"EAST 223.55 FEET(RECORD SOUTH 36°40'09"EAST PER SAID PARCEL MAP)TO AN
ANGLE POINT; THENCE SOUTH 63°16'34" EAST 12.21 FEET(RECORD SOUTH 66°19'55"EAST 12.30 FEET
PER SAID PARCEL MAP)TO THE POINT OF BEGINNING,
ALSO EXCEPT THAT PORTION OF SAID PARCEL 1 AS PER CERTIFICATE OF COMPLIANCE RECORDED
JULY 30, 1998 AS INSTRUMENT NO. 19980298347, OFFICIAL RECORDS OF SAID COUNTY,AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 13777, SAID
POINT BEING ON THE NORTHERLY LINE OF KNOLL ROAD,AS SHOWN ON SAID PARCEL MAP; THENCE
ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 27°04'04"EAST 98.72 FEET(RECORD NORTH
2703'33"EAST PER SAID CERTIFICATE OF COMPLIANCE), TO AN ANGLE POINT IN SAID WESTERLY UNE
OF SAID PARCEL 1;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 32°59'09"EAST 223.16 FEET (RECORD
NORTH 32°58'38"EAST PER SAID CERTIFICATE OF COMPLIANCE); THENCE LEAVING THE WESTERLY LINE
OF SAID PARCEL 1, SOUTH 00°20'05" EAST 36.41 FEET(RECORD SOUTH 00°20'36"EAST PER SAID
CERTIFICATE OF COMPLIANCE); THENCE PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL 1,
SOUTH 32°59'09"WEST 191.70 FEET(RECORD SOUTH 32°58'38"WEST PER SAID CERTIFICATE OF
COMPLIANCE); THENCE PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL 1, SOUTH 27°04'04"WEST
86.72 FEET(RECORD SOUTH 27°03'33"WEST PER SAID CERTIFICATE OF COMPLIANCE)TO A POINT ON
THE NORTHERLY LINE OF KNOLL ROAD AS SHOWN ON SAID PARCEL MAP NO. 13777, SAID POINT BEING
ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5003.71 FEET, FROM WHICH POINT A
RADIAL LINE BEARS NORTH 01 032'58"WEST(RECORD NORTH 00°33'29"WEST PER SAID CERTIFICATE OF
COMPLIANCE); THENCE WESTERLY ALONG THE NORTHERLY UNE OF SAID KNOLL ROAD THROUGH A
CENTRAL ANGLE OF 00°15'40 A DISTANCE OF 22.81 FEET TO THE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION IS PURSUANT TO A CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT NO,
336, RECORDED JULY 30, 1998 AS DOCUMENT NO. 19980298347 AND A CERTIFICATE OF COMPLIANCE,
LOT LINE ADJUSTMENT NO. 525, RECORDED NOVEMBER 28, 2006 AS DOCUMENT NO. 2006-0803889,
OFFICIAL RECORDS OF SAID COUNTY.
PREPARED BY: #
I,
MAR
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WHIT-Mq
x
MARK S. WHITMER, L.S. NO. 5535 1 No. 5 35
City of Redlands
Agreement Version January 2007or c;
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Attachmertt A
WQMP E Wayne Simmons, Inc. E Wayne Simmons House 59 Kn 11R ad
EXHIBIT B
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MARK S.
WHITMER O
A
No. 5535
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CURVE DATA TABLE
Cl A - 149'29'59' C2 A - 00`23'28' C3 0
R - 45.00' R - 5003.71' 00't5'40'
L - 117.42' L - 34,11' R - 003
5 .71'
T- 185.06' L- 17.06' L - 22.81
T - 11.40"
LINE DATA TABLE
Lt S21°3122 W 35.65
L2 N71 31 32 W 27.17
L3 S32°44 52 W 40.60
L4 S00 005 E 4t
L5 N89.39 44 E 20.61
L6 N83 719 E 18.99
L7 S36 39 38 E 34.62
L8 Z!10,3-16 54-'E 12,21
Hicks&Hartwick Inc.
A -37