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HomeMy WebLinkAboutContracts & Agreements_70-2006_CCv0001.pdf Recorded in Official Records,County of San Bernardino 4105/2006 LARRY WALKER AR PM ; �WXSAPAuditor/Controller — Recorder R Regular Mail RECORDING REQUESTED EY Doc#: 2006—0234918 Titles: 1 Pages: 11 N W-H---",-, RECORDED MATT TO: i Fees 0.00 Taxes 0.00 Other 0.00 PAIDX0.00 CITY CLERK. CITY OF REDLANDS PO BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 0103 SPACE ABOVE THIS LINE FOR RECQRDER`S USE STORK/IWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND ItIN T ENANCE AGREEMENT Assessor's Parcel Number 0175-2271-116 THIS AGREEMENT is made and entered into this 3 0th day of March, 2 0 0 6 by and between PhilipApodaca, 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 ("Property") in the City specifically described in Exhibit "A," which is attached hereto and incorporated herein by this reference; and SITETECH, ENC. Water Quality Management Plan (WQMP) The Apodaca Residence—APN#0175-271-16 City of Redlands, San Bernardino County WHEREAS, at the time of approval of the development project known as 980 Sunset Hills Lane, A.P.N. 0175-271-16 for the Property, 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 a vegetated swale, 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 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 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; SITETECH, INC. Water Quality Management Plan (WQMP) The Apodaca Residence—APN # 01'75-271-16 City of Redlands, San Bernardino County NOW, THEREFORE, in consideration of City's approval of the Project and the mutual promises contained herein, the City of Redlands and Philip Apodaca agree as follows: AGREEMENT I The Owner hereby provides the City and its designees with full 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 10h�ner shall dilig-ently maintain the Device and other conirol 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. SITETECH, INC. Water Quality Management Plan (WQMP) The Apodaca Residence—APN # 0175-271-16 City of Redlands, San Bernardino County 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 expense to the Owner, including administrative costs, attorneys' 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 storrawatel, related approval with respect to the Property on which a Device or other control measure has been installed until such time as the Owner 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 SITETECH, INC. Water Quality Management Plan (WQMP) The Apodaca Residence—APN # 0 175-271-16 City of Redlands, San Bernardino County 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 interpr--t 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 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, of the parties hereto. The term "Owner" shall include no' only administrators and ass. L �1 L I 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. SITETECH, INC. Water Quality Management Plan (WQMP) The Apodaca Residence—APN # 0175-271-16 City of Redlands, San Bernardino County 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. CITY: OWNER: Public Works Director Philip L. Apodaca City of Redlands 1230 W. CYPRESS AVE PO Box 3005 Redlands, CA. 92374 Redlands, CA 92373 SITETECH, INC. Water Quality Management Plan (WQMP) The Apodaca Residence—APN# 0175-271-16 City of Redlands, San Bernardino County 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. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS Jon Hafrii-son, Mayor OVN ER: P i I i Ap pp o dd Ca�c a Attest: LorriqsPoyzer, Cityrk ',t IC SITETECH, INC 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 March 30, 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 Lourie Poyzer t Xj personally known to me - or - I I 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. 0 R F 0 WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK (P 1888 I By: '10-euu. /Fovk" Teresa Ballinger, Assist City Cleek it, (909)798-7531 111!i1m%0 " -------------------------------------------- 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 jx ) 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: March 30, 2006 Signer(s) Other Than Named Above: Philip Apodaca Water Quality Management Plan (WQMP) The Apodaca Residence-APN# 0175-271-16 City of Redlands, San Bernardino County CALIFORNIA ACKNOWLEDGMENTS Acknowledgment for Individual State of Californi County of f jXjU On AIA-1, 11,2COA. before me, IG Ab (here insert name), a Notary Public, personally appeared P14 f L I e 4-f PA--CA- _, personally known to me (or proved to me on the basis of satisfactory evidence)to be the personw whose name(4 is/a;esubscribed to the within instrument and acknowledged to me that he/sbe/thzy executed the same in his/Wtheir authorized capacity(j*, and that by his/4et4eftr signaturew" _X on the instrument the person, or the entity upon behalf of which the person(6) acted, executed the Inst WI S official seal. LHoLyBEE k.s COmm #3425059 Nfl NOTAPYNHUC-CALIFOKA c �Xpvo� a 2W e: Print NZ/1" My c . sion expires: Z22 , Acknowledgment for Corporation State of California County of On before me, (here insert name), a Notary Public, personally appeared , personally knoNvii to me (or 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 his/her/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. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: REFERENCE: CIVIL CODE SECTION 1180-1207 California Cal, Civ. Code § 1180-1207 (1999) Proof and Acknowledgement of Instruments SITETECH, INC Water Quality Management Plan (WQMP) The Apodaca Residence—APN#0175-271-16 City of Redlands, San Bernardino County EXHIBIT A (Legal Description} In the City of Redlands, County of San Bernardino, State of California, those portions of the Southeast quarter of the southeast quarter of Section 3 and the Northeast quarter of the Northeast quarter of section 10, Township 2 South, Range 3 West, San Bernardino Meridian, described as follows: Commencing at a point on the South line of said Section 3, said point lying S 89 21'34" W 315.91 feet of the Southeast corner of said Section 3, said point also being the True Point of Beginning; Thence, N 4150'37"W, 115.17 feet; Thence, N 4911'43" E, 184.5 feet; Thence, S 52006'46" E, 231.05 feet to a point on a 470.00 foot radiusnon-tangent curve, concave to the Northwest, having a radial bearing of N 52*06'46" W, said point also being on the Northerly right of way of Sunset Hills Lane, as shown on Tract 14790-1, MB 266, pages 32-38; Thence Southwesterly, along the arc of said 470.00 foot radius curve 217.35 feet, through a central angle of 26029'46"; Thence, S 64023'00" W, 10.96 feet; Thence, departing the Northerly right-of-way of said Sunset Hills Lane, N 41'50'37" W, 101.26 feet, to a point on the South line of said Section 3, said point also being the True Point of beginning. V Z SITETECH, INC BOUNDARY PLAT APODACA RESIDENCE APN# 0175-271-16 tK 4- P tx Eck mEX? 3�•� y moi. N0.73 9 G1 / G / LINE_ TABLE LINE LENGTH I BEARING Ll 1 10.96' N64-23'00"E CURVE TABLE SCALE: 1"=50' CURVE LENGTH I RADIUS I DELTA ITANGENT Cl 217.35 470.00' 26.29'47" 110.65'