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HomeMy WebLinkAboutContracts & Agreements_144-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 811412007 4: LARRY WALKER A Pm A� Auditor/Controller — Recorder R Regular Mail RECORIANG RE fit:ES IFI)BY 11'1)WHEN RECORDED M,%!1-To Doc#: 2007—0474925ges: 8 Titles: 1 Pa Fees 0.00 Ci''Y CLERK Taxes 0.00 CITY OF REDLANDS ( Other 0.00 PO BOX 3005 --- PpIDREIA-ANDS,CA 9-731s $0.00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S t.?SE; STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS ,AND MAINTENANCE ,AGREEMENT Assessor's Parcel Number 0174-221-30 THIS AGREEMENT is made and entered into this 13th day of April , 2007, byand between Troy Andreasen & I}emeroo Anareasen ("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 1541 Marion 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 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 replacernent and sediment removal is required to assure proper performance ofthi; Devices 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 Agfeements,'Access&Ma.ntenance Agreement rtf NOW, THEREFORE, in consideration of City's approval of the Project and the mutual promises contained herein, the City of Redlands and Troy and Demeree Andreasen agree as follows: AGREEMENT 1. The Owner hereby provides the City and its designees ,vith 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 Ow-neCs receipt of the notice of expense until paid in full. 4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0174-221-30 , 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. 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 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 Trov and Demeree Andreasen City of Redlands 1541 Marion Rd. PO Box 3005 Redlands, CA 92374 Redlands, CA 92373 12. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. 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: '1n5Harrison, Mayor 7(T_royAndr�5 .0/sen, Owner) Attest: Lorrie Poyzer, (Kc' rk (Demeree Andreasen, Owner) 3 Agreements/Access&Maintenance Agreement,rtf ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COU NTY OF SAN BERNARDINO SS , j CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 11 8 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{ 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 band and official seal. 4' LORRIE POYZER, CITY CLERK 188E By: 4t IFOV�4 V Teresa Ballinger, AssistantWy Clerk (909)798-7531 ------------------------------------------------------------- CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust ( xj 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; APN 0174-221-30 Date of Document: April 18, 2007 Signer(s) Other Than Named Above: Troy and Demeree Andreasen, Owners .l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S5�nCounty of &Cnaf-itn a ss. On6r_-� aC01 before me, 3�k7.xy)m Date Name and Title f Officer(e.g.,"Jane Doe,Notary blit") personally appeared {fig,,, Name(N)of Signer( iJ 1 proved to me on the basis of satisfactory evidence to be the person(5) whose name(s) is/ai a subscribed to the within instrument and acknowledged to me that �e�ARR" k►e� executed the same in SSAZIY� Conxr6wm s 169350 authorized capacity(i�rs), and that by 4isl eir N0kXY kd*---Cam signature(,&) on the instrument the person(s), or the 'ewnaKwio cotm#Ventity upon behalf of which the personN acted, executed the instrument. WITNESS My hand and official seal Place Notary Seal Above Signature of Notary 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 AttachedDoc ment Title or Type of Document: r T�Yt� tl4z.Uiu aly'c 601 �tp S1j(\Q. Document Date:_ t t t N (( Num(�ber of Pages: S _ 0 Q- Signer(s) Other Than Named Above: on q rrl-Qn LO rEI Y�}T Vii(`i 1�JU AnA C" 95,9-Yl Capacity(ies) Claimed by Signer(s) Signer's Name: Qe. Py)(4 r) Signer's Name: 9 Individual El Individual Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):EJ . Partner- i:::J Limited General E" Partner—[C Limited i:_,I General r . D Attorney in Fact Top of tITb Wert i:.:, Attorney in Fact E] Trustee CC Trustee -Top of thumb here i Guardian or Conservator Guardian or Conservator Other. ["J Other: Signer is Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave..PO.Box 2402•Chatsworth,CA 91 31 3-2402 Item No.5907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss- County of SCQ C C1Gt�' t Y'}C3 On fl5`1 before me, Dact�mlYl rrt�� rc�tct�pi} IC e Name and Title of Officer e. --�i ( g.,`Jane Doe,Notary Public personally appeared _ �� a � t Named of SigneV) ' proved to me on the basis of satisfactory evidence to be the personO whose name( is/are subscribed to the within instrument and acknowledged to me that he/&haAqey executed the same in his/4944eir authorized capacity(fes), and that by his/l eir t signatureO on the instrument the person(V or the Hft" entity upon behalf of which the person(V) acted, executed the instrument. WITNES y hand and official seal. Piave Notary Seal Above Signature of Notary 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 D cument Title or Type of Document: Document Date: Number of Pages: A)f�QS2 Signer(s) Other Than Named Above: _6) Rrn!aarl f ry1l�e 909�A Y i AY) Capacity(ies) Claimed by Signer(s) Signer's Name: ttI ��� Signer's Name: Individual C:l Individual E-] Corporate Officer—Title(s): Partner—C:: Limited [ General L,--! Corporate Officer—Title(s): *, 1 Partner—f:' Limited C:] General C.:J Attorney in Fact Too of thumb here C:::J Attorney in Fact • • El Trustee y Top of thumb here I� Guardian or ConservatorTrustee iJ Other: ❑ Guardian or Conservator El Other: Signer Is Representing: Signer Is Representing: ®2604 National Notary Association•9350 De Soto Ave.,P O.Box 2402•Chatsworth,CA 91313-2402 Item No,6907 Reorder Call �$ Exhibit A That portion of Lot 12 of CRAFTS MAP OF REDLANDS HEIGHTS, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book I I of Maps, page 1.6, and as shown on Record of Survey 03_005 as per plat recorded in Book 1.18 of Records of Survey, page 76, both of Official Records of said County, described as follows. Commencing at a point on the centerline of Marion.Road (formerly Daisy Avenue) 50.00 feet wide, at its intersection with the Northwesterly line of said Lot 12; thence along said centerline of Marion Road, 50.00 feet wide, South 38°49'49" East a distance of 100.00 feet; thence leaving said centerline of Marion Road North 51°25'23"East a distance of 25.00 feet to the TRUE POINT OF BEGINNING, said TRUE POINT OF BEGINNING being the point of intersection of the Northeasterly line of said Marion Road 50.00 feet wide, with the Southeasterly line of that certain portion of said Lot 12 conveyed to Walter E. Martin, a married man, by deed recorded June 23, 1953 as Instrument No. 99, Book 3192,page 105, Official Records of said County; thence along said Southeasterly line of said Walter E. Martin property North 51°2523"East a distance of 232.02 feet to the most Easterly corner thereof, thence along the Northeasterly line of said Walter E. Martin property North 24°10'49" West(recorded North 22'50' West) a distance of 103.24 feet (recorded 96.73 feet more or less) to a point in said Northwesterly line of said Lot 12 that bears North 51'25'23"East a distance of 283.13 feet from the point of intersection of said Northwesterly line of said Lot 12 with said centerline of said Marion Road 50.00 feet wide; thence along said Northwesterly line of said Lot 12 North 51025'23"East a distance of 332.86 feet to the most Northerly corner thereof, thence along the Northeasterly line of said Lot 12 South 44°55'56"East a distance of 186.44 feet to an angle point therein;thence leaving said Northeasterly line of said Lot 12 South 1'30'50" West a distance of 304.91 feet; thence South 45°36'07" West a distance of 132.21 feet, thence South 50°31'30"East a distance of 43.83 feet; thence South 15'32'24" West a distance of 76.59 feet; thence South 52°14'48" West a distance of 44.03 feet; thence South 86°57'07" West a distance of 114.56 feet; thence North 83°4353 West a distance of 77.92 feet; thence South 76'44'12" West a distance of 40.46 feet to a point on said Northeasterly line of Marion Road 50.00 feet wide, thence along said Northeasterly= line of Marion Road 50.00 feet wide, North 38°49'49" West a distance of 280.29 feet to the TRUE POINT OF BEGINNING and containing 5.087 acres, more or less. .RICE-30171 EXE.0.3-3 '0yOFC j ,ry N EXHIBIT "B" W E S sssA�, SCALE 1"= 100' sy 9� $6 ! MOST WESTERLY CORNER OF LOT 12, M811/16 POINT OF BEGINNING �yF, o' �. �z PORTION OF LOT 12 CRAFTS MAP OF REDLANDS 3 PER BOOK 11 OF MAPS, PAGE 16 L 0 DOCUMENT NUMBER 19950072403 O.R. RS 118/76 S p v 3r Res �9, ti S50'31'30"E r, 43.83' �Y 9, 3r 40.46' �� All 0 \,. ! \ 17 N8.3-437953�W S , .- 114.567 W pOH 6 "W 2 S�6•4412 �g`b 0 9� . 30171 EXP MAR 31, 2008 TUTTLE ENGINEERING 800 E. LUGONIA AVE., SUITE K T9Tf OF CA't REDLANDS, CA 92374 (909) 798-6785 i I