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HomeMy WebLinkAboutContracts & Agreements_221-2007_CCv0001.pdf Recorded in official Records, County of San Bernardino 1211112007 11:'41 LARRY WALKER SH AM SN MZrm4wm Auditor/Controller — Recorder RECORDING CUES f•}BY AND ATIEN RECORDEDMAIL TO: � + R Regular Mail Doc#: 2007—0689199 Titles: i Pages: 8 CITY CLERK ( ( Fees 0.00 CITY OF REDLANDS Taxes 6.66 PO I3OX 3005 OtheTaxes 0.00 REDLANDS,CA 92373 I ( PAID r $0.06 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE At3faVE THIS LINE FOR RECORDER'S USE STORMWATER.TREATMENT DEVICE AND CONI 1ROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor"s Parcel Number 0174-231-40 IS AGREEMENT is made and entered into this 4 t h day of December , 2007, by and between Camelot-Manon LLC ("O er,") d the City o 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"E",which are attached hereto and incorporated herein by this reference, and WHEREAS, at the time of approval of theOwner's development project commonly known PSI 17380 (the"Project"),the City required the Project to employ on-site control measures to minimize pollutants in an 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 WHERE AS,the Owner is aware that periodic and continuous maintenance including,but not necessarily limited to, filter material replacement d sediment removal is required to assure proper performance of the Devices and that such maintenance ce tiv ty 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 I NOW,THEREFORE,in consideration of City's approval of the Project and the mutual premises contained herein,the City of Redlands and Camelot-Marion LLC agree 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 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. . 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 til paid in full. 4. This Agreement affects County of San Bernardino Assessor's Parcel No.0174-231-40 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. b. 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 except for terminate at the time it s to be owner of the encumbered Property,, 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. S. 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 theicof to the other party. CITY OWNER Public Works Director Camelot-Marion, LLC City of Redlands Keith McCann,Managing Member PO Box 3005 12223 16'h Street Redlands, CA 92373 Yucaipa,CA 92399 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 DL ISS OWNER: Camelot-Marion, LLC 0 P P' ;JWHarrison,May;r' (Keith McCann, Managing Member) Attest: Lorrie Poyzer, City; �C*Ij 3 Agrevrmts/Amm&Maffftnwice Agrewx" ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 4, 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 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. WITNESS my hand and official seal. Rpo LORRIE POYZER, CITY CLERK 10 V) By: ........... Teresa Ballinger, Assistant ity Clerk , --- 1111€111 1111111110k\ (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: Stormwater Treatment Device and Control Measure Access and Maintenance Agreement; APN 0174-231-40 Z Date of Document: December 4, 2007 Signers} Other Than Named Above: Keith McCann, Managing Member of Camelot-Marion, LLC 1, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ►'1 9-�O_"hoAI Y1ss. On C - �t,, �0 before me, Date' Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared HC�Q n Name( of 5igner(yr'j k personally known to me e to be the person($) whose name(t) is/l tre subscribed to the within instrument and acknowledged to me that he/sHeA+" executed the same in his/h }eir authorized capacity(ia,,�, and that by his/hvr/ttrrir t7. JAMIN signature(.a) on the instrument the personN), or the Cir s tli93Qp7 entity upon behalf of which the person(s,) acted, executed the instrument. OwCo"M84*1111111111JIVII29. WITNES y hand and official sgal. 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 Attached pocument Title or Type of Document: CL V �. --s atr�,Y�Gt ct.-G_ Document Date: a436 r eco}� Number of Pages: 7A)N ?. Signer(s) Other Than Named Above: i Y) nrrel v�Z Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual , Individual C= Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): I.? Partner—EJ Limited General - :`- U Partner—I...] Limited El General I-] Attorney in Fact lop of thumbhere E-1 Attorney in Fact • J Trustee Trustee Top of thumb here i...:i D Guardian or Conservator :" Guardian or Conservator rf Other. C:' Other; Signer Is Representing: Signer Is Representing: ©2004 National Notary Association-9350 De Soto Ave,,PC,Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder Calf Toll-Free t-806-876-6827 EXHIBIT A In the City of Redlands, County of San Bernardino, State of California, portions of Parcels I and 2 of Parcel Map 4219 as shown by Map on file in book 46, Pages 85 and 86,of Parcel Maps,Records of San Bernardino County,California. All of Parcel I of said Parcel Map 4219 along with a portion of Parcel 2 of said Parcel Map 4219 described as follows: Beginning at the Northeast comer of Parcel 2 of said Parcel Map 4219,said point lying on the Westerly right-of-way line of Marion Road,as shown by said Parcel Map,thence S 85'53'03" W along the Northerly line of Parcel 2, 20.61 feet to the True Point of Beginning; Thence, continuing along said Northerly line, S 8553'03"W, 112.67 feet; Thence, S 80'22'04"E, 111.50 feet; Thence,N 05'14'53"E,26.86 feet; to the True Point of Beginning; Excepting therefrom that portion of said Parcel I described as follows: Beginning at the said Northeast comer of parcel 2, said point also being the True Point of Beginning; Thence, S 85'53'03"W along the Northerly line of said Parcel 2, 20.61 feet; Thence,N 05'14'53"E,24.36 feet to the Westerly line of said Marion Road; Thence, S 38*49"49"E,29.24 feet along said Westerly right-of-wky line of Marion Road to the True Point of Beginning. Also excepting therefrom that portion of said Parcel I described as follows: Beginning at the said Northeast comer of Parcel 2,thence, S 85*53'03"W along the Northerly line of said Parcel 2, 133.28 feet to the True Point of Beginning; Thence,continuing along said Northerly line of Parcel, 2 S 85*53'03"W, 85.78 feet to an angle point thereon; Thence, continuing along said Northerly line of Parcel,2 N 77'50"25"W, 76.21 feet to an angle point thereon; Thence,continuing along said Northerly line of Parcel 2 S 55'02'01"W, 135.00 feet to an angle point thereon; Thence, continuing along said Northerly line of Parcel 2, S 00056'28" W, 29.01 feet,to the most Southerly comer of said Parcel 1 of Parcel Map 4219; Thence, N 51°06'06" W, along the Westerly line of Parcel 1, 47.87 feet to an angle point thereon; Thence, continuing along said Westerly line of Parcel 1,N 18'43'34" W, 12.19 feet; Thence,N 64*48'33" E, 162.30 feet; Thence, S 87'50'23"E, 55.33 feet; Thence,N 87'49'34" E, 31.68 feet; Thence, S 80'22'04"E, 79.64 feet to the True 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. lk"'-6 i/vt 4' Warren D. Tuttle, R.C.E. 30171 Date VESSio D. e, LU No.RCE 30171 EXP. 3-31--C,A CNI OF C Vv EXHIBIT "B" C� JL ti0 SEE DETAIL "B" �'y�•DETAIL "A" O o,/ NO SCALE P`. , t w/$ ~_ 32' 85 826 E Q 5ti��10 `" DETAIL "B" o NO SCALE 78-B 992 —SEE DETAIL "A" ; M3 11 f 18 N n e� s tk 2 'i PARCEL 13.22 AC s� \lO 0' N05'14'53"E 24.36' 0. S38'49'49"E ao. 14.10' a PARCEL N87'49'34"E S38'49'49"E 1 BOUNDARY 31.68' 29.24' ' ? S87'50'23"E 55.33' - 7g 64, ` S85'53'03"W E COR, 112.67 _ _ ARCEL 2 N77-,5076 2P c�- - - -.- - _ S` PM 4219 00 a " 85.78 11j �P.PMB 46/85-86 y�j5i,p1 2S W S80 22'040E R N1 8'43'34"W 2.19%�g502 26.86' 4\ 51.25 N05'14 53"E 29.01' 20.61' °s~ -:t: CURVE TABLE N PARCEL 2 to CURVE RA - S DELTA LENGTH a C1 150.00' 24'45'13" 64.80' 32.92' N C2 175.00' 13'47'16" 42.11' 21.16' C3 13.00' 105'47'13" 24.00' 17.19- N ES TUTTLE ENGINEERING w E Civil Engineering Surveying L430171 Land Planning Improvement Design MAR 31. 2008 800 E. LUGONIA AVE., SUITE K (909) 798-6785 REDLANDS, CA 92374 FAX (909) 798-1343 S Sl C!v Iv TUTENGOTHEGRID.NET SCALE: 1"= 100' OF Cw� DATE: DEC 2, 2006 J SCALE: 1'= 100` PROD. NO.: 06-23 \\varrvn\c-dNve\Lnnd Project: 3\06-23\dwg\VQW\EXH1D1T 841*0 10/23/2007 32335 PM PW