HomeMy WebLinkAboutContracts & Agreements_141-2008_CCv0001.pdf IN
n Recorded in Official Records,County of San Bernardino 9f0212008
LARRY WALKER 2:07 PM
RI CORDING REQU STELI3Y SG
�� � AuditorlControlier — Recorder
AND 44IIEN RECORDED v1All To. "
R Regular Mail
CITY CLERK
CITY OF RE:DI�ANDS
Dock 2008-0399176 Titles: 1 Pages: 7
� O
PC)BOX 3005 Fees 0.00
REDLANDS,CA 92373 Taxes 0.00
Other 0.00
FEES NOT REQUIRED PAID $0.00
PER GOVERNMENT CODE
SECTION 6I03
SPACE ABOVE:THIS LINE FOR RECORDER'S C15E
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACC.
MAINTENANCE AGREEMENT ESS AND
Assessor's Parcel Number 0174-281-06
I
THIS AGREEMENT is made and entered into this 26th da
by and between Kerry and Vicki Roldandy of Aug List , 2007,
corporation ("City").The Owner and the City are sometimes each inthe �div�d ty of Redlands, a municipal
as a "Part y"and , collectively, as the "Parties" ally referred to herein
RECD
WHEREAS, the Owner owns real property("Property")
in Exhibit "A"and "B" which are attached hereto and incorporated herein by tspeihis refer
refef r described
terence, and
WHEREAS, at the time of approval of the Owner's development project commamy
known as 1760 Camelot Drive (the "Project"), the City required the Pro'ec
site control measures to minimize ollutants in urban storm�j J t to employ on-
Pater runoff, and
WHEREAS, the Owner has chosen to install bioswales and landscaping the "Devices")
to minimize pollutants in urban stormwater runoff, and
� �fces"�
WHEREAS, the Devices have been installed in accordance with lans
specifications approved by the City; and p and
WHEREAS, the Devices being installed on private property and draining onI
Property, ,are private facilities with all maintenance or replacement therefore being the solvate
responsibility of the Owner; ,and g e
WHEREAS, the Owner is aware that
not necessarily limited to, filter material replacement anddsediment removalis recontinuous q
uired cequired to including b
Proper performance of the Devices and that such maintenance activity will require compliance
assure
ba ut
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, WHEREFORE, in consideration of City's approval of the Project and the mutual
rye.
ERNE-
X promises contained herein, the City of Redlands and
follows: I{e and
Vicki Rold 49ree as
MEb
E
l. AGREEMENT
The Owner hereby provides the Ci
Devices and he O tY and its designees with full right of access to the
wner's Property in the immediate vicinity of the Devices (a)at any
time, upon reasonable notice; or in the event of emergency, as determined
Public Works Director with no advance notice; for the by City's
and testing of the Devices, and in cases of emergency, o undertake all necessary sampling
or other preventative measures at the Owner's expense as provided for in Section
below. The City shall make every effort at all times to mini repairs
interference
with the Owner's use of the Property when undertaking such inspect ons andrepairs.
2• The Owner shall diligently maintain the Devices i d repairs.
r consistent with the
manufacturers' recommended maintenance schedule to ensure efficient Performance.
reasonable precautions shall be exercised b e Owner and the Owner's representatives
in the removal and extraction of materials from the Devices, and the Y the Ce. All
the materials in a manner consistent with all applicable laws. As may be requested lsposal of
time to time by the City, the Qwner shall provide the Ci from
the materials removed, the quantityti with documentation identifying
appropriate, and the location of disposal destinations, as
3• In the event the Owner fails to perform the necessary maintenance required
bythis
agreement within thirty(30) days of being given written notice by the City to do so,
expense
forth with specificity the action to be taken, the City is authorized to causeandto the O
maintenance necessary to be done and charge the entire cast and any
until paid in full.
including administrative costs, attorneys' fees and interest thereon Owner,
sereon at the maxim rate
authorized by law, twenty(2Q)days after the Owner's receipt of the notice of expense
um
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 01,74-281-06.
and shall be recorded in the Official Records of the County of San Bernardino at he
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 constitut
lien against the Property in such amount as will full reimburse the Ci e a
interest as herein above set forth, subject to foreclosure in event of default including
It m payment..
5. In event of any action is commenced to enforce or interpret any of the terms or
of this Agreement the prevailingconditions
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
in-house counsel by a Party, use of
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 bindingupon p on
future
AgreementslAc cess&maintenance Agreement
owners of all or any portion of the Property.
terminate at the time it ceases to be an owner of the owner'sliability
hereunder shall
obligations which accrue prior to the date of transfer by such owner, whit except for
the personal obligation of such owner. , which shall remain
7. Time is of the essence in the performance of this Agreement.
$• Any notice to a Party required or called for in this Agreement
by deposit in the U.S. Mail, first class Postage Prepai ,to the address et forth below.n, or
Notice(s)shall be deemed effective upon receipt, or seventy-two (72)hours after de
in the U.S. Mail, whichever is earlier. A posit
Providingp3'may change notice address only by
written notice thereof to the other party.
CITY
Municipal Utilities & OWNER
engineering Director Kerry& Vicki Rold
City of Redlands 1760 Camelot Drive
PO Box 3005
Redlands, CA 9237Redlands CA. 92374
3
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 WIT-NESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITE'OF REDLANDS
OWNER:
Jon H son, Mayor
(Kerry Rold, Owner)
Attest:
Lonnie, oy er, C' le k
(Vicki Rold, Owner)
A reementsl '
s�Maintenance Agreeent,rti
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted ender Chapter 4, Article 3, Section I IS], of the California Civil Code and
Chapter 2, Division 3, Section 40814, of the California Government Code, on August 26, 2008, Before
me, Lisa Caldera, Administrative Assistant, on behalf of Lorrie 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 heAh&they executed the same in hi&4ien their
authorized capacity(ies) and that by hisrher-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 laves of the State of California that the foregoing
paragraph is true and correct.
; ttt€ rr � WITNESS my hand and official seal.
po LORRIE POYZER CITY CLERK
�s
m.
4Z By i
NN
21
�tttttttttevvv Lisa Caldera, Administrative Assistant
(909)798-7531
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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
{ x } Other
Title(s): Mayor and City Clerk
N� 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 0174-2 I-06
Date of Document: August 26, 2007
Signer(s) Other Than Named Above: Kerry Rold and Vicki Rold, Owners
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ,
County of
r
r
On
w� ' � ' before me,,� �
Date
N me a Tule Officer .,°J ne ,Notary Public)
personally appeared
Name(s)of Signer(s) ,
C-1 personally known to me
r lk�oved to me on the basis of satisfactory
evidence
BIWA on"r ,
to be the person whose nam
subscribed to the within ins ument and
acknowledged to me that the executed
Cow* the same in 44a4 the' author'�ejdr
capacity es and that by Ithsignatur s on the instrument the perso s
the entity upon behalf of which the person
acted, executed the instrument,
ITN SS 4:ny hand nd icial seal,
1
Signa Otary Pubf a
7,
r
OPTIONAL
Though the information below is not required by law,it my prove valuable persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
r.
Title oType of Document: Yryj
Document Date: ' �CCe 5 �1'1'Xi v 1}ff•�gnC� Q q r-Q
Number of Pages.
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
�- Signer's Name:
Individual
I] Corporate Officer—Tale(s): TOP of thumb here j
Partner—C] Limited F]General -
`_ Aftomey-in-Fact
L Trustee
-- Guardian or Conservator
Other:_ __ ---- ---
Signer is Representing:
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f 993 Nafronat Notary Assoaahon•9350 De Soto Ave,P O.6o 2417•Chats.o&,CA91313-2402-vevw nahonafnota or i
rY 4 Prod,Na"5907 Roord,,(Carl TOIL-Free 1-800-876-6827
9Afie�lr�o
E)(HIBIT"A"
PARCEL NO. 1:
THAT PORTION OF SAID EAST V2 OF THE SOUTHEAST !4 OF SECTION 36, TOWNSHIP
I SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN
ACCORDING
TO GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID EAST Y2 OF SOUTHEAST Y4 OF
SECTION 36; THENCE SOUTH 0'00'30" WEST 490.54 FEET ALONG THE EAST LINE OF
SAID SECTION 36; THENCE NORTH 61'26'30" WEST 459.39 FEET TO THE TRUE
POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING LYING ON THE CENTER
LINE OF A 40 FOOT ROAD; THENCE SOUTH 0"00'30"WEST 367.93 FEET
PARALLELING THE EAST LINE OF SAID SECTION 36; THENCE WEST 321.20 FEET TO
A POINT IN THE CENTER LINE OF A 40 FOOT ROAD; THENCE NORTH 0'00'30"EAST.
235.00 FEET ALONG THE CENTER LINE OF SAID 40 FEET ROAD PARALLEL WITH
THE EAST LINE OF SAID SECTION 36; THENCE NORTH 42'33' 30"EAST, 173.73 FEET
TO THE POINT OF BEGINNING OF A CURVE TO THE RIGHT, WHOSE`RADIUS IS
134.38; THENCE ALONG SAID CURVE, 178.25' FEET THROUGH AN ANGLE OF 76'60';
THENCE SOUTH 61026' 30"EAST,46.27 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL NO 2:
AN EASEMENT FOR THE ROAD AND PUBLIC UTILITY PURPOSES APPURTENANT
TO AND FOR THE BENEFIT OF PARCEL I HEREINABOVE DESCRIBED, OVER,
UNDER AND ACROSS THE FOLLOWING LINE:
A STRIP OF LAND 30 FEET WIDE LYING ADJACENT ON THE SOUTH AND
CONTIGUOUS TO THE FOLLOWING DESCRIBED LINE.
COMMENCING AT THE NORTHEAST CORNER OF THE PROPERTY CONVEYED TO
HENRIETTA L. LOGWOOD,AND JOSEPH E. LOGWOOD,BY DEED RECORDED APRIL
2, 1946 IN BOOK 1880, PAGE 324, OFFICIAL RECORDS; THENCE NORTHWESTERLY
TO THE NORTHEAST CORNER OF SAID PROPERTY CONVEYED TO ROBERT L.
GRIZZELL D. BETTY A. GRIZZELL, BY DEED RECORDED DECEMBER 28, 195'6 IN
BOOK 4119, PAGE 241, OFFICIAL RECORDS.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERNCE
MADE A PART HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIREC
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tg-
WaTTen D. Tuttle, R.0.E. 30171 Date
NO. E 10171
EXR 03-3 1-2,048
CA
EXHIBIT "B"
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NE COR E1/2 0
SE1/4 SEC 36 "7 4
R=134.38, o 0
1113,33 -1�a 25 p.�6 00'00" 0
p $ ` E LINE
SEC 36
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TRUE POINT
�0 OF BEGINNING
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TUTTLE ENGINEERING
WE W Civil Engineering Surveying
MAR °.12� Land Planning Improvement Design
+ 800 E. LUGONIA AVE., SUITE K
S (909) 798-6785
s�9r ci y REDLANDS, CA 92374 FAX (909) 798-1343
SCALE: 1 60' f OF CAO� TUTENG®THEGRID.NET
DATE: DEC 17, 2007 SCALE: 1"- 60' PROJ. NO.: 06-26