HomeMy WebLinkAboutContracts & Agreements_101-2009_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/3012009
10:03 AM
LARRY WALKER FV
°"" Auditor/Controller — Recorder
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO
Doc#: 2009—0285986 Titles: 1 Pages: 7
CITY CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 Other 0.00
PAID $0.00
REDLANDS, CA 92373
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)
0174-221-27
THIS AGREEMENT is made and entered into this 23rd day of June , 2009,
by and between Kumaravelu Balasubramaniam and Susheela Balasubramaniam, as Trustees of
that certain revocable declaration of Trust, known as the Balasubramaniam Family Revocable
Trust, Dated March 12, 2002 ("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 Bala Residence, 1559 Marion Road and filed as Building Permit No. B0801783 (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 rock infiltration pit, efficient irrigation and
roof runoff controls(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 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
City of Recsands
Agreement Version November 200e
proper performance of the Devices and that such maintenance activity will require compliance
with all Federal, Mate 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 the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and Kumaravelu Balasubramaniam and
Susheela Balasubramaniam, Trustees of the Balasubramaniam. Family Revocable Trust 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 the City
Engineer 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 identiAying
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 Citv 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. Nos. 0174-221-27,
and shall be recorded in the Official Records of the County of San Bernardino at the
expense of the towner 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 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
City of Redtarsds
Agreement Version November 2008
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDI O SS
CITY OF REDLAN S
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Cade, and
Chapter 2, Division 3, Section 40814, of the California. Government Code, can .lune 23, 2009, before me,
Lisa Caldera, Administrative Assistant, can behalf of L,orrie 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) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hiAwAheir authorized
capacity(ies) and that by his/he their 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 PERTLY under the laws of the state of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
pp R4 ,
Lisa Caldera, Administrative Assistant
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneself/themselves
s 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 DOCLTMENT DESCRIBED BELOW:
Title or Type of Document: Store water Treatment Device and Control Measure Access and
Maintenance Agreement, APN: 0174-221-27
Bate of Document-ent- June 23, 20019
Signer(s) Other Than Named Above: Ku aravelu Balasubramaniam, Owner and Susheela
laubramaniam Ovvner
ALL PTJRPOSE ACKNOWLEDGEMENT
State of California }
County ofOn<L4,j— }
before me, `
a Notary Public,personally appeared �L.Ddu 13, a t V bf 9 A-n.a' r"a
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),jexre
subscribed to the within instrument and acknowledged to me that 's /they executed the same in
their authorized capacity(ies), and that by his/her/their 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.
WIT NESSy hand and official seal. CAROLINE j. SWi l Oi
` g" CO m.# 1613470
P
t,,OTARY PUBLIC- t IF IA
SAN suIc�16200j
Comm..€ i;W Ci t
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Signature:
'votary Public
(This area for official notarial seal)
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EXHIBIT "A"
LEGAL DESCRIPTION`
ASSESSOR PARCEL NO. 0174--221 -27
THAT PORTION OF LOT 14, CRAFTS MAP OF REDLANDS HEIGHTS, IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 11 OF
MAPS, PAGE 16, IN THE OFFICE OF THE COUNTY RECORDEROF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 14 IN THE CENTERLINE OF MARION
ROAD (FORMERLY DAISY AVENUE); THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT
14, NORTH 40'23'00" EAST 700.00 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE
ALONG THE NORTHEASTERLY LINE OF SAID LOT SOUTH 4530'00" EAST 218.00 FEET; THENCE
SOUTH 4?13'00" WEST 282.86 FEET; THENCE NORTH 3315'00" WEST 160.19 FEET TO A POINT
ON A LINE THAT IS PARALLEL WITH AND 30.00 FEET SOUTHEASTERLY FROM, MEASURED AT
RIGHT ANGLES TO THE AFORESAID NORTHWESTERLY LINE OF LOT 14; THENCE SOUTH 40'23'00"
WEST ALONG SAID PARALLEL LINE 441.61 FEET TO A POINT IN 'AFORESAID CENTERLINE OF MARION
ROAD; THENCE ALONG SAID CENTERLINE NORTH 60'28'45" WEST 30.55 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE SOUTHWESTERLY 30.00 FEET LYING WITHIN MARION ROAD.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME
OR UNDER MY DIRECTION
NO, 51 4
CHESTER P. RALSTON PLS 5174 DATE
EXHIBIT "B"
PLAT MAP FOR
1559 MARION ROAD
REDLANDS, CA 92374 -»���7-1�
THOMAS E. GODFREY TRUST
Sps
'0O
O74-221-n
WEN H. & WEI C. TSAI BALA RESIDENCE
THOMAS E. GODFREY
TRUST
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a2�
Pp
BONNIE J. MCCRIRIE
S60*2B'45"E PROPERTY BOUNDARY MAP
30.55' SCALE — 1"=100'
THIS PLAT MAP WAS PREPARED BY ME
p -
P. OR UNDER MY DIRECTION
G
,c
° NO. 5174,
* exams 09
CHESTER P. ~RALSTON PLS 5174 D4TE
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
City Engineer Kumaravelu Balasubramaniam,Trustee
City of Redlands Susheela Balasubramaniam, Trustee
P.O. Box 3005 1559 Marion Road
Redlands, CA 92373 Redlands, CA 92374
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 Ow=ner.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date
first written above.
7
CITY OF REDLANDS: OWNER:
Jo arrison,,Ma,. Kumaravelu Balasubramaniam,Trustee
"I,,. Balasubramaniam Family Revocable Trust
Attest:
Lorr ,e; Poyser, Cit 'C1ik Susheela Balasubramaniam,Trustee
i Balasubramaniam Family Revocable Trust
Ctry of Redlands
Agreement Version November 2008