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HomeMy WebLinkAboutContracts & Agreements_208-2008_CCv0001.pdf Recorded in Official Records, County of San Bernardino 12/1512008 LARRY WALKER 1:34 PM tdnixty� NC Auditor/Controller — Recorder RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 4 R Regular Gail CITY CLERK Doc#: 2008—0553502 Titles: t Pages: 7 Y OF REDLANDS P.O.BOX 3005 Fees 0.00 REDLANDS,CA 92373 Taxes 0.00 Other 0.00 PAID 50.00 EVES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FC)K RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0176-05142 THIS AGREEMENT is made and entered into this 6thday0f.-Novembe-r 2 , by and between RONNY G. GHAZAL AND CATHERINE L. GHAZAL, husband and wife$asjoint tenants, and the City of Redlands, a municipal corporation "Ci sometimes each individually referred to herein as a"Party" and!colleThe t vel as the"PartieI�are RECD WHEREAS, the Owner owns real property ("property") in the City specifically described in Exhibits "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 Ghazal residence 1475 Pacific St. and filed as Precise Grading Plan No. 1974-PG (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 swales, efficient irrigation, (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 therefor being the sole responsibility of the Owner; and City of Redlands Agreement version January 2007 WHEREAS, the Owner is aware that Periodic and continuous maintenance incldin , but not necessarily limited to, Ater material replacement and sediment removal is required to assure proper performance of the Devices and that such maintenance activity will require compliance with all federal, Mate and local laws and regulations, including those space and waste disposal methods in effect at the time such maintenance occurs; to confined NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and [Entity Legal. Name of Owning Entity] agree as follows: AGREEMENT 1, The Owner hereby provides the City and its designees with full right of access to the Devices and the Qwner's Property in the immediate vicinity of the Devices (a) at any tune, upon reasonable notice; or (b) in the event of emergency, as determined by Cit'V'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. 1 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 Owner's receipt of the notice of expense until paid in full. 4. This Agreement affects County of San. Bernardino Assessor's Parcel. Nos. 01.76-051.42, 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 any action is commenced to enforce or interpret any of the terrns or conditions of this Agreement the prevailing Pam! shall, in addition to any costs and other relief, be City of Redlands Ag eeme,nt Version January 2007 entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. . 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. �3' in,� 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. T 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 Municipal Utilities and Engineering Director Ronny G. and Catherine L.Ghazal City of Redlands 1 475 Pacific St, P.O. Box 3005 Redlands, Ca 92373 Redlands, CA 92373 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1.0. 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 Olw RE BLAND : OWNER: NER: .l arrlson ayor ��., Ronny G. Ghazal. Attest: Lorr ,'Poyzer, C#v� I 'k Catherine I . Ghazal �,%'' ... City of Redlands reer w Version Januari 2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On /_ iC�rh� rt �0 �' before me, Date Here Insert Name ar Tttle of the Officer personally appeared . z ! ` Narne(s)of Signers) r� who proved to me on the basis of satisfactory evidence to be theerson s whose names are ubscribed to the within instrument and acknowledged to me that e executed the same in tisfFter their uthorized caaci (es , and that by h+sA-er heir i na ure(s) on the instrument the person(s), or the entity upon behalf Of COWAVANOMr 1ftf*" which the_P s acted, executed the instrument. Neer*Awe-caw"" t1eR Vic►taou f certify under PENALTY OF PERJURY under the laws 1 of the State of California that the foregoing paragraph is true and correct. WITNESS my hjan}d�and official seal- � /J Place Notary Seal Above Signature,, 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 Document Title or Type of Document: Document Date:,�)C) �t�(� L` , v�g Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name:�Q� �✓c��rcy c / Individual Signer's Name: .i Corporate Officer—Title(s}: (>_yindividual ( Partner—0 Limited C7 General 771 Corporate Officer—Title(s): Attorney in Fact :•- J Partner—0 Limited C-3 General (J Attorney In Fact r= ` f_� Trustee Top of thumb here y r - L:1 Trustee CTop otihwtl here Guardian or Conservator =i Other: 'Guardian or Conservator Other: .............. Signer is Representing;_ Signer Is Representing: ©2007 National Notary Association-9350 tie Soto Ave.,PO.Box 2402•Chatsvrorth,CA 91 31 3-2442-www.NationalNotary.orgitem#5907 - - Roorder,Call Tog-Free 1-800-876-6827 m ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) S CITY OF REDLANDS ) 1 By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civrl. Code, and Chapter 2, Division 3, Section 4081.4, of the California Government Code, on December 10, 2008, I 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 Louie Poyzer, City Clerk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that hashe,they executed the sarne in his/hn their authorized capacity(ies) and that by leis,'hen their signature(s) on the instrument the person(s), or the entity upon behalfof which elle person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY Linder the laws of the State of California that the foregoing paragraph is true and correct. ,,0;1IIII111 ''' WITNESS m hand and official seal. } ffi LORRIE POYZER, CITY CLERK 180 pp By: - ,z Lis 'Caldera, Administrative Assistant (909)798-7531 -------------------------------------------------------------------- CAPACITY CLAIMED BY SIGNER(S) { } Individual(s) signing for oneself/themselves { } Corporate Officer(s) Title(s) Company i r Partner(s) Partnership 1 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 '1 UST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Storni ater Treatment Device and Control Measure Access and Maintenance Areement; APN 0176-051-42 Date of DocLrr€lent: December 10, 2008 Signer(s) Other Than Named Above: Ronny G. Ghazal, Owner and Catherine L. Ghazal, Owner Lxhibit f s Legal Description That portion of Lot 6, SMITHS SUBDIVISION NO. 2, in the City of Redlands, County of San. Bernardino, State California, as per map recorded In Boob 9, Page 42, of Maps, It! the Office of the County Recorder of said county, more particularly described in .Exhibit "A" attached hereto and made a part hereof. That portion of Lot 6, Block 16 ofSynith's Subdivision No. 2, in the City of Redlands, County of San Bernardino, State of California, as per map recorded in Book 9, page(s) 42, of Maps, in the office of the County Recorder of said Counter, described as follows: Beginning at the Southwest corner of said Lot 6, in the centerline of Pacific Street; thence North 73° 51' 00" East, along said centerline, 127.50 feet to the True Point of Beginning; thence North 42° 08' 46" West, 497.30 feet; thence North 76' 38' 00" East, 75.35 feet; thence South 50° 58' 00" East, 135.40 feet; thence South 45° 38' 34" East, 179.23 feet; thence South 40° 26' 00" East, 200.00 feet to the centerline of Pacific Street; thence South 79° 58' 00" West, along said centerline, 85.30 feet-- thence eet, thence South 73° 51' 00" West, 16.00 feet to the True Point ofBeginning. Except any portion thereof included within the parcel of land described in the deed to Elliott A. Moore ,recorded July 31, 1902 in Book 293, page 386, orDeeds. r � PAUL T. WELSH r N . 205 OFCp � City of Redlands Agreement Version January 2007 ......::.... . ........:: : a� a a ass IcF� Mo s�o � � tv Vjr • i 5