HomeMy WebLinkAboutContracts & Agreements_24-2007_CCv0001.pdf Recorded In Official Records,County of San Bernardino 2/08/2007
LARRY WALKER 82:15 PM
azi A Auditor/Controller — Recorder
RECORDING REQUESTED BY ����
AND WHEN RECORDED MAIL TO: R Regular Mail
Doc#: 2007—0085576 Titles: 1 Pages: 10
CITY CLERK Fees 0.00
CITY 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
Assessor's Parcel Number(s)
0292-063-56 and 57
THIS AGREEMENT is made and entered into this 31st day of January, 2007 by
and between NW-McCalla Investments, 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("Property")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 Redlands
Corporate Center, northeast corner of Redlands Boulevard and Nevada Street(the "Project")for
the Property, the City required the Project to employ on-site control measures to minimize
pollutants in urban stormwater runoff; and
WFIEREAS, the Owner has chosen to install bioswales, hereinafter referred to as the
"Device",and other control measures to minimize pollutants in urban stormwater runoff; and
Redlands Maintenance Agreement V4.doc I
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;
NOW, THEREFORE, in consideration of City's approval of the Project and the mutual
promises contained herein, the City and the Owner agree as follows,-
AGREEMENT
L 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.
Redlands Maintenance Agreement V4.doc
2. The Owner shall diligently maintain the Device and other control measures in a manner
assuring peak performance at all tirnes. 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
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
stormwater 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.
Redlands Maintenance Agreement V4.doc 3
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
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 term "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.
Redlands Maintenance Agreement V4.doc 4
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
Public Works Director
City of Redlands
PO Box 3005
Redlands, CA 92373
OWNER
MKJ-McCalla Investments, LLC
Mike Mueller
13215 E. Penn Street Suite 300
Whittier, CA 90602
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
and signed by City and Owner.
Redlands Maintenance Agreement V4-doc 5
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS OWNER:
t
Jon rrison, Mayor Mike Mueller, Applicant
Attest:
1
ti
Corrie oyzer, CitC
f
Redlands Maintenance Agreement:V4.doc 6
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 January 31, 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 Louie 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.
9
WITNESS my hand and official seal.E 0
-'Z� 0 ....-
x
Cs
pPORA, ct LORRIE POYZER, CITY CLERK
By:
Teresa Ballinger, Assista4-City Clerk-
It F 0
11;1 it 11"'\0\ (909)798-7531
----- --------------------------------------------------
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemsel-'es
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Frust
jxj Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
--------------------------------------------------------------
THIS CERTIFICATE MUST BE ATTACHED T7 TITE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement, APN 0292-063-56 and 57
Date of Document- January 31, 2007
Signer(s) Other"Phan Named Above: MKJ-McCalla Investments, LLC, Owner by: Mike Mueller,
Applicant
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c�crcrXXXXIK:
State of California
ss.
} County of
On �v �J ooL before me, 1 T-H
DatePa7 and Tale ofoff (e.g.,'Jane Doe,Notary Pu is")
personally appeared
Name(s)of Signer(s)
R personally known to me
11 proved to me on the basis of satisfactory
evidence
fi
'. to be the person whose name , is�m
subscribed to the within instrument and
acknowledged to me that he/`she7tf executed
the same in his/f�w/t�ir authorized
capacity(IN, and that by his/vtRr i
Co y 1644M signatures;on the instrument the person, or �
NAY fteft-CWW the entity upon behalf of which the persons
Loi Anvew cou* acted, executed the instrument.
Mly Coni'.EPO"Mor 9.261
WITNESS my hand and official seal.
Signature of Notary Alofic
�I
OPTIONAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent1
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:°
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
'dual Top of thumb here
C:] Carp to Officer—Titl7
? ❑ Partner— Li General
E] Attorney-i m
❑ Trus
C:] oar or Conserv r E'
Other:
Signer Is Representing: r c1-- )1 . f1mev 5 Lcz/
h,
h
(�7 1999 National Notary Assocfatfon•9350 De Soto Ave„P.O.Box 2402•Chats-North,CA 91313-2402•w NaVonalNotary.org Prod.No 5907 Reorder Call Toll Free 1-800-876-6827
z.
EXHIBIT"A"
LEGAL DESCRIPTION
A PORTION OF LOT 5, BLOCK 1, HENRY L. WILLIAMS TRACT, LOCATED IN THE CITY OF
REDLANDS, AS PER PLAT RECORDED IN BOOK 11 OF MAPS, PAGE 17, RECORDS OF
THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TOGETHER WITH
PORTIONS OF REDLANDS BOULEVARD, 60.00 FEET WIDE ON THE NORTH SIDE, LYING
ADJACENT TO AND SOUTHERLY OF SAID LOT 5 AND NEVADA STREET, 44.00 WIDE ON
THE EAST SIDE, LYING ADJACENT TO AND WESTERLY OF SAID LOT 5, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF SAID REDLANDS BOULEVARD AND THE
SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 5;
THENCE NORTH 00"26'36"WEST 830.16 FEET ALONG SAID SOUTHERLY
PROLONGATION AND SAID EAST LINE TO THE NORTHEAST CORNER OF SAID LOT 5,
SAID NORTHEAST CORNER BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF THE A.T. & S.F. RAILROAD, SAID RIGHT OF WAY BEING 25.00 FEET WIDE ON THE
SOUTHERLY SIDE, AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 5,704.65 FEET, WHOSE RADIAL BEARING IS NORTH
13'38'01" EAST;
THENCE NORTHWESTERLY ALONG ARC OF SAID CURVE, THE NORTHERLY LINE OF
SAID LOT 5 AND SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE THROUGH A
CENTRAL ANGLE OF 06-45'00"A DISTANCE OF 672.06 FEET TO INTERSECTION WITH
THE CENTER LINE OF SAID NEVADA STREET;
THENCE SOUTH 00026'53" EAST 783.30 FEET ALONG SAID CENTER LINE TO A POINT
THAT LIES 163.25 FEET NORTHERLY OF SAID CENTERLINE OF REDLANDS
BOULEVARD;
THENCE LEAVING SAID CENTERLINE SOUTH 89043'14" EAST 275.00 FEET ALONG A
LINE PARALLEL WITH AND 163.25 FEET NORTHERLY OF SAID CENTERLINE OF
REDLANDS BOULEVARD THENCE SOUTH 00026'53" EAST 163.25 FEET ALONG A LINE
THAT LIES PARALLEL TO AND 275.00 FEET EASTERLY OF SAID CENTER LINE OF
NEVADA STREET TO A POINT ON THE CENTER LINE OF SAID REDLANDS BOULEVARD;
THENCE SOUTH 89043'14" EAST 384.76 FEET ALONG SAID CENTERLINE OF REDLANDS
BOULEVARD TO SAID INTERSECTION WITH THE SOUTHERLY
PROLONGATION OF SAID EAST LINE AND THE POINT OF BEGINNING,
SAID DESCRIPTION CONTAINS 12.53 ACRES, MORE OR LESS.
NJL_ L A
0
ARSON L. S OBER P.L.S. 3913
EXPIRATION DATE: JUNE 30, 2008
Exp
TEA307 WQMP
' ek
G
RR
70
T 25'
' 57 .0E
O
J J
z T)
U
01
5
0 �
m
a
E LINE O
LOT 5 z
z
44' S8904314"E w
275,00'
c�
30' NAOT N
N
PART 41 .25,
Ll�
Yj 4
275.00' � O
11 4"E
4"E8
REDLANDS BOULEVARD
POB
NL LA1y0
tA L ST�SG,¢G
S No.
-3 —
ExP-6-30-08
CARSON L. STORER P.L.S. 3513
' EXFIRATION DATE: JUNE 30, 2008OP CA0f
1 OJ 602 PLAT-A