HomeMy WebLinkAboutContracts & Agreements_228-2006_CCv0001.pdf Recorded in Official Records. County of San Bernardino 10106/2006
LARRY WALKER Lnn� Pm
NAV AR Auditor/Controller — Recorder
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL To: s R Regular Mail
DOC#: 2006—0686165 Titles: 1 Pages: 11
CITY CLERK Fees 0.00
CITE'OF REDLANDS Taxes 0.00
PO BOX 3005 Other 0.00
REDLANDS,CA 92373 PAID $0.00
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
APN 0174-281®04
THIS AGREEMENT is made and entered into this 29th day of September, 2006 by
and between OC Develo er , LLC hereinafter referred to as "Owner," and the City of
Redlands, a municipal corporation, hereinafter referred to as "City."
RECITALS
WHEREAS, the Owner owns real property (Tract 17429) in the City specifically
described in Exhibit "A" and Exhibit "B", which is attached hereto and incorporated herein by
this reference; and
WHEREAS, at the time of approval of the development project known as
Tract 1.7429 for the Property, the City required the Project to employ on-site control measures to
minimize pollutants in urban stormwater runoff; and
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Agreements/Redlands Maint Ag€mnt
WHEREAS, the Owner has chosen to install a—bioswale
hereinafter referred to as the "Device" and other control measures to minimize pollutants in urban
stormwater runoff; and
WHEREAS, the Device and other control measures have been installed in accordance
with plans and specifications approved by the City; and
WHEREAS, the Device and other control measures, 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
peak performance of the Device and other control measures 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
promises contained herein, the City of Redlands and DC Develot)ers. LLC agree as
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Agree ementr.'Redlands Maint Agrrnnt
follows:
AGREEMENT
1. The Owner hereby provides the City and its designees with fall right of access to the
Device and other control measures and the immediate vicinity of the property at any time,
upon reasonable notice; or in the event of emergency, as determined by City's Public
Works Director, no advance notice; for the purpose of inspection, sampling and testing of
the Device and other control -measures, 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 repairs.
2. The Owner shall diligently maintain the Device and other control measures in a manner
assuring peak performance at all times. All reasonable precautions shall be exercised by
the Owner and the Owner's representatives in the removal and extraction of materials
from the Device and other control measures, 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 recycle of disposal destinations, as appropriate.
3. In the event the Owner fails to perform the necessary maintenance contemplated by this
Agreement, within five (5) days of being given written notice by the City, the City is
authorized to cause any maintenance necessary to be done and charge the entire cost and
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AggreementslRedfands Mdint Agrmnt
expense to the Owner, including administrative costs, attomeys' fees and interest thereon
at the maximum rate authorized by law from the date of the notice of expense until paid
in full.
4. The City may require the Owner to post security in a form and for a time period
satisfactory to the City to guarantee the performance of the obligations stated herein.
Should the Owner fail to perform its obligations under this Agreement, the City may, in
the case of a cash security deposit, act for the Owner using the proceeds from such cash
security; or in the case of a surety, bond, require the surety to perform the obligations of
this Agreement. As an additional remedy, the City may withdraw any previous
stormwater related approval with respect to the Property on which a Device or other
control measure has been installed until such time as the G%rner repays to the City its
reasonable costs incurred in accordance with Section 3, above.
5. This Agreement 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.
6. In event of any action is commenced to enforce or interpret any of the terms or conditions
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AgreementstRedlands Maint Ant
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 in-house
counsel at private rates prevailing in San Bernardino County).
7. It is the intent of the parties that the burdens and benefits herein undertaken shall
constitute covenants that run with the Property and shall constitute a lien against the
Property.
8. The obligations herein undertaken shall be binding upon the heirs, successors, executors,
administrators and assigns of the parties hereto. The to "Owner" shall include not only
the Owner, but also its heirs, successors, executors, administrators and assigns. The
Owner shall notify any successor to title of all or part of the Property about the existence
of this Agreement. The Owner shall provide such notice prior to such successor
obtaining an interest in all or part of the Property. The Owner shall provide a copy of
such notice to the City at the same time such notice is provided to the successor.
9. Time is of the essence in the performance of this Agreement.
10. 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.
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Agreements/Redlands MaIntAgrmnt
CITY OWNER
Public Works Director DC Developers, LLC
City of Redlands Don Russell
PO Box 3005 1800 E. GM Ave,#108
Redlands,CA 92373 Santa Ana, CA 92705
11. This Agreement represents the entire agreement of the parties hereto as to the matters
contained herein and supersedes any and all prior written or verbal agreements between
the parties as to the subject matter hereof.
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 City and Consultant.
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Agreements/Redlands Maint Agrmnt
IN WIT-NESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS OWNER:
Jn arrison,Mayor Dun Russefl, orler
Attest:
Lorrie Poyzer, Cit rk'
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Agreements/Redlands MaintAgrmnt
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO 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 September 29, 2006,
2006, 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.
1111 IIII/,///Z WITNESS my hand and official seal.
R E 1)4
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/ ORA?-, P 0 -!� LORRIE POYZER, CITY CLERK
(
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By:
Teresa Ballinger, Assistant City lerk
III MOW (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
Date of Document: September 29, 2006
Signer(s) Other Than Named Above: Don Russell, Owner; DC Developers, LLC
State of�IRT4 �►
County of t4 ss
On 1 , 24 , , personally appeared before me, tj
who is personally known to me or whose identity I proved on the
basis of '
to be the signer of the attached document, and he/she acknowledged that he/she signed it
Name of Notary Public
Signature_of Notary Public
Date Commission expires
Stamp or Seal
fte of Nod Mft
M L-s ,2008
Exhibit"A'
The land referred to herein is situated in the State of California, County of San Bernardino, City
of Redlands,and is described as follows:
A portion of the East half of the Southeast Quarter of Section 36,Township I South, Range 3
West, San Bernardino Base and Meridian, according to Government Survey, in the City of
Redlands, County of San Bernardino, State of California,described as follows:
Beginning at a point on the West line of the said East half of the Southeast quarter of Section 36,
South 206.11 feet from the Northwest comer thereof, said point being in the centerline of a 40
foot road;
Thence South 71-42'30"East,632.12 feet along the centerline of said road to its intersection
with the centerline of another 40 foot road;
Thence South 0'00'30" West,235.00 feet along the centerline of said road, South 79'00'30"
West, 377.17 feet to the East line of property conveyed to Robert L. Winans et ux, by Deed
recorded April 2, 1946, in book 1895,page 42, official records of said County;
Thence along the East line of said property,North 139.93 feet to the Northeast comer of said
property;
Thence along the East line of said property,North 57020'30" West, 272.76 feet to a point on the
West line of the said East half of the Southeast Quarter of Section 36;
Thence North 218.64 feet to the Point of Beginning.
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