HomeMy WebLinkAboutContracts & Agreements_42-2008_CCv0001.pdf Recorded in Official Records. County of San Bernardino 3/25/2008
LARRY WALKER 3:26 PM
�Fga g,Age) Auditor/Controller — Recorder BS
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO: Doc#: 2008—0130693 Titles: 1 Pages: 7
CITE' CLERK � Fees 0.00
Taxes 8.00
CITY OF REDL,ANDS Other 0.00
P.O. BOX 3005 PAID $0.00
REDLANDS, CA 02373
FEES SPACis BOVE'i HIS LINE FOR Ri CORDEWS USE
PER GOVERNMENT CODE
SECTION'0103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel.Number(s)
[0292-155-02, 0292-155-03]
THIS AGREEMENT is made and entered into this 17th day of March 12008,
by and between [Weiss Family Ltd. Partnership] ("Owner"), and the City of Redlands, a
municipal corporation ("City"). The Owner and the City are sometimes each individually
referred to herein as a"Party" and, collectively, as the"Parties."
RECITALS
WHEREAS, the Owner owns real property ("Property") in the City specifically described
in Exhibits "A" and "R" 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 Redlands Industrial Complex, 560-590 Nevada St. Redlands, California and filed as
CRA 811 (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 Water Treatment System including 60"
diameter CDS system pmsu 20-20, connected to a 48" diameter diversion manhole and CDS 816
media filter equipped with 27 cartridges (the "Devices") to minimize pollutants in urban
storniwater 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
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
proper performance of the Devices 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;
City of Redlands
Acireement Version;January 200
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and [Weiss Family Ltd. Partnership]
agree as follows:
AGREEMENT
1. The Owner hereby provides the City and its designees with full right of access to the
Devices and the Owner's Property in the immediate vicinity of the Devices (a) at any
time, upon reasonable notice; or (b) in the event of emergency, as determined by City'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.
2. 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. [0292-155-02,
0292-155-03], 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 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 the use of in-
house counsel by a Party.
6, 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 upon future
City of Rediands
Agreement vefso�n January 2007,
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.
7. 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
Public Works Director [Aaron Weiss]
City of Redlands [Weiss Family Ltd. Partnership]
P.O. Box 3005 [150 N. San Gabriel Blvd. #700]
Redlands, CA 92373 [Pasadena, Ca 91107]
9. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
10. Any amendment to this Agreement shall be in writing and approved by the City Council
ofiCity 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 OF REDLANDS: 0 R: Weiss Family Ltd. Partnership
V
/Jon Harrison, Mayor Aaron Weiss, Viceresident]
Attest:
Lorri
oyze , ity Clerk
City of RecIarws
Agreement Version January 2007
0
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERINARDINO SS
CITY OFREDLASIDS
By the authority granted Under Chapter 4. Article 3
). Section 1181. of'the California Civil Code, and Chapter 2,
Division 3, Section 40814, ot'the California Government Code, on March 17. 2008, before me. Teresa Ballinger,
Assistant City Clerk., 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) mare subscribed to the within instrument and acknowledged to me
that he,',she;they executed the same in his/hen their authorized capacity(les) and that by his/hentheir signature(s)
on the instrument the person(s), or the entity upon belialf'of'which the'person(s) acted, executed the instrument.
I certif'y under PI,`NAI,,TY OF PERJ 'T RY under the laws of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hand and official sea],
R
........... LORRIF POYZER, CITY CLERK
0 R,4
/*
z/
Teresa Ballinger, Assistant City'Clerk'
(9()9)798-7531
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CAPACITY CLAIMED BY SIGNER(S)
Individual(s) Signing for oneselUtheniselves
Corporate Officer(s)
Titlet's)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
jxj Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
___—----------------------------I------------—-------------------------
Tf IIS CERTIFIC ATE MUST BE ATTACHED"I THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Storrnwater Treatment Device and Control Measure Access and Maintenance
Agreement; APNs 0292-155-02, 0292-155-03
Date of"Document: March 17, 2008
Signer(s) Other Than Named Above: Weiss Family Ltd, Partnership by: Aaron Weiss, Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
(`
County of Loss. I
Los, ��P S'
On SC), , before me, rJ�� fkt� SIM5M p
Date Name and Title of Officere.
( g.."Jane Doe,Notary P )
personally appeared Qrpyi W eis,s
Name(s)of Signer(s)
❑ personally known to me
f?P proved to me on the basis of satisfactory
evidence
( to be the person(sj whose name(c+ is/are
subscribed to the within instrument and
acknowledged to me that he/s *A4ey executed
the same in his/her4heir authorized
capacity4o&), and that by his/herfttreir
a STEFANSIMS04 signatures) on the instrument the person(s4,or
CommfasbnPUbHC 1648492 the entity upon behalf of which the person(.a) )
too os Angeles�o aRfornhar acted, executed the instrument.
MyComm" Feb 28,201!1
I
WITNES my hand and official seal.
i
l,. Place Notary Seal Above , n
I
OPTIONAL
f 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.
( I
Description of Attached Document
Title or Type of Document:
i
Document Date: Number of Pages:
i
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual •
Corporate Officer—Title(s): Top of thumb here
❑ Partner—0 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
t
I
0 1997 National Notary Association-9350 De Soto Ave.,PO,Boz 2402•Chatsworth,CA 91313-2402 � Prod_No.5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREON IS SITUATED IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF LOT 11, BARTON RANCH, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS,
PAGE(S) 19, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF LOT 11 IN THE CENTER LINE OF NEVADA
STREET; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF LOT 11, EAST 206 FEET; THENCE SOUTH 70
FEET; THENCE WEST 206 FEET TO AFORESAID CENTER LINE OF NEVADA STREET; THENCE NORTH 70 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE RIGHT OF WAY OF NEVADA STREET.
PARCEL 2:
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF LOT 11, BARTON RANCH, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE(S) 19, RECORDS OF SAID
COUNTY.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF LOT 11 IN THE CENTER LINE OF NEVADA
STREET; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF LOT 11, EAST 206 FEET; THENCE SOUTH 70
FEET; THENCE WEST 206 FEET TO AFORESAID CENTER LINE OF NEVADA STREET; THENCE NORTH 70 FEET TO THE
POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING WITHIN THE RIGHT OF WAY OF NEVADA STREET.
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
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RECORDING REQUESTED BY Envelope made 3/17105
AND WHEN RECORDED MAIL TO: Enter Doc # and Recorded Date
CITY CLERK.
CITE' OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED SPACE ABOVE THIS LINE;FOR REC'ORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
[0292-155-02, 0292-155-03]
THIS AGREEMENT is made and entered into this 17th day of March 12008,
by and between [Weiss Family Ltd. Partnership] ("Owner"), and the City of Redlands, a
municipal corporation ("City"). The Owner and the City are sometimes each individually
referred to herein as a "Party" and, collectively, as the "Parties."
RECITALS
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 Redlands Industrial Complex, 560-590 Nevada St. Redlands, California and filed as
CRA 811 (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 Water Treatment System including 60"
diameter CDS system pmsu 20-20, connected to a 48" diameter diversion manhole and CDS 816
media filter equipped with 27 cartridges (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
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
proper performance of the Devices 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,
C1ty of Redlands
Agreement Version January 2007