Loading...
HomeMy WebLinkAboutContracts & Agreements_108-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 5/24/2006 LARRY WALKER gN 0 PM K Auditor/Controller — Recorder t RECORDING REQUESTED BY R Regular Mail AND WHEN RECORDED MAIL TO: Doc#: 2006—0357574 Titles: 1 Pages: 11 Fees 0.00 CITY CLERK Taxes 0.00 CITY OF REDLANDS Other 0.00 PO BOX 3005 PAID $0.00 REDLANDS,CA 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 5103 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) APN 0292-155-15 THIS AGREEMENT is made and entered into this 2 2 nd day of May, 2 0 0 6 , by and between James H Didion and Sylvia M. Didion 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 are attached hereto and incorporated herein by this reference; and WHEREAS, at the time of approval of the development project known as CRA. 806 (the "Project") for the Property,the City required the Project to employ on-site control measures f Agr men OMP int_AgrmntV3(11 to minimize pollutants in urban stormorater runoff-, and WHEREAS, the Owner has chosen to install Two Detention Basins named I. and 2 and two Grassed Swales named A, and B , 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 draininla 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 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 2 Agreementsi"A'OMPMai-iLAgrmntV3 promises contained herein,the City of Redlands and Owner agree as follows: AGREEMENT 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 eassures, and in cases of emergency,to undertake all necessary repairs or other preventative measures at the O%Nmer's expense as provided for in Section 3,below. The City shall make every effort at all times to minimize or avoid interference Nvith the Owner's use of the Property when undertaking such repairs. 2. The Owner shall diligently maintain the Device,and other control measures in a manner assuring peak perforynatice 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. 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 3 Ag re-em, en WA10 M P Mai rA_Ag r m.ntV3 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 perfonn 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. 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. 4 Agreemei,trMQMPMainLAgn nnM 6In event of any action is commenced to enforce or interpret any of the to 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,su=ssors, 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 an- y successor to fifle 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. 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 p may change notice address only by 5 Agree.mp-ntsiVVOM PMalar_Agrrr!ntV i providinia soritten notice thereof to the other party. CITY OWNER Public Works Director James H. and Sylvia M. Didion City of Redlands 17'10A Plum Lane PO Box 3005 Redlands, CA 92374 Redlands, CA 92373 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 Califomia. 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 Britten above, 6 Agreemer,ts,'VVQMP-Y,aint_AgrmntV3 CITY OF REDLANDS OWNER: t ; Jon,Aarrison, Mayor s H. Didion Attest: .via M. I�idic�n Larrie Po/yzer, Citcpvr i A ry mens A s p A . n V3 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 May 22, 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 Lorrie Poyzer { X} 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. 11#81/1//1 11/1//// WITNESS my hand and official seal. LORRIE POYZER, CITY CLERK 1888 By: % \V. NNI Teresa Ballinger, Assistant 6ty Clerk Z& IFOO'N'\ 1111IM00" (909)798-7531 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 Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Storniwater Treatment Device and Control Measure Access and Maintenance Agreement Date of Document: May 22, 2006 Signer(s) Other Than Named Above: James H. and Sylvia M. Didion CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of L�&A - I On O�l� before me, ate a and Title of c (e.g., Jana Do person ly appeared Name(s)of Signer IT personally known to me eviden ie betsis of sassfeetei e to be the person(s) whose name(s),K/are subscribed to the within instrument and acknowledged to me that i6/sVe/they executed the same in */}e'er/their authorized capacity(ies), and that by */qtr/their signature(s) on the instrument the person(s), or the LOYS entity upon behalf of which the person(s) acted, executed the instrument. P 11111111111111111111 "111111PUlf 7# WITNE S m and d official seal. Place Notary Seal Above S lure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valud 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: E-] Individual ❑ Individual C] Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): Partner—❑ Limited E] General - ❑ Partner—_:] Limited ElGeneral ❑ Attorneyin Fact L] Attorney in Fact Top of thumb' humb here y Top o}thumb here El Trustee 171Trustee ❑ Guardian or Conservator ]] Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer is Representing: ©2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder_Call Toll-Free 1.800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION: THE FOLLOWING LEGAL DESCRIPTION IS PER GRANT DEED RECORDED APRIL 15, 1960, IN BOOK 5112, PAGE 154, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA: THE SOUTH ONE-HALF OF THE SOUTHEAST ON£-QUARTER OF BLOCK 11, BARTON RANCH SUBDIVISION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 19, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION DESCRI80 AS FOLLOWS. BEGINNING AT THE CENTER LINE INTERSECTION OF PARK AVENUE AND IOWA STREET THENCE NORTH 20 1.00 FEET ALONG THE CENTER LINE OF IOWA STREET; THENCE NORTH 89' O3" 3O" WEST, 223.00 FEET ON A LINE PARALLEL WITH THE CENTER LINE OF PARK AVENUE,• THENCE SOUTH 02' 26' WEST, 201.03 FEET TO A POINT IN THE CENTER LINE OF PARK AVENUE,• THENCE ALONG SAID CENTER LINE OF PARK AVENUE SOUTH 89' O3' 3O" EAST, 231.50 FEET TO THE TRUE POINT OF 8EGINNING P>. LA C) � a ;a No. 5137 EXP. 6-30-07 �Tq�F OF- CA1.\Fa��\� Prepared by HILLWIG—GOODROW, LLC: 31604 Yucaipa Blvd., Yucaipa, CA 92399 (888) 626-5137 SCALE: N/A FILE NO.: 148-16 DATE: MAY 4, 2006 ALAW C. HIL WIG, PLS 5137 D TE LICENSE EXPIRES: 6-30-07 SHEET 1 OF 1 EXHIBIT "B" 889'0022"W 656 39' 616J8' WEST LINE---- IOWA ST 40' 11-2 Sr 114 BLOCK I I N89*03:30'W 22,E 00' 182.99' BA SUSDJV1SJ0J\1 o m"g. 6119 NORTH LINE rEll PARK AVE 426.J7' = 190.38" 40' 425.26' N 2-71.50' 10910:50V656.79' N*���P 0.�81-,vC�,-PTION� Clt 11VT[R. PARKA VE 'i- PARK AVENUE AND IOWA ST L L A AID H14 C) Prepared by HILLWIG-GOODROW, LLC: SCALE: 1 100' CL 31604 Yucaipa Blvd- Yucaipa, CA 92399 (888) 626-5137 FILE NO.: 148-16 No. 513 EXP. 6-3007 DATE: MAY 4. 2006 qlF � OF cp'`\� ALAN C. HILLWIG, PLS 5137 DATE SHEET 1 OF 1 LICENSE EXPIRES: 6-30-07