HomeMy WebLinkAboutContracts & Agreements_26-2007_CCv0001.pdf Recorded in Official Records, county of San Bernardino 21141ZUU1
LARRY WALKER BN1 Pm
NARs Auditor/Controller — Recorder
R Regular Mail
RECORDING REQUESTED BY
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AND WHEN RECORDED MAIL TO: pec# 2007-0099646 Titles: 1 Pages: 7
Feer 0.00
CITY CLERK Taxes 0.00
Other 0.00
CITY OF REDLANDS z�a.to— $0.00
P.O. BOX 3005
REDLANDS, CA 92373
F SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
i (Assessor's Parcel Nos. 0292-166-11)
THIS AGREEMENT is made and entered into this 29 day of Dec., 2006,by and between
I Loma Linda University Medical Center ("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 Owners development project commonly
known as North Parking Lot Addition - Precise Grading (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 [e.g. vegetated swales, drain inserts, media
filters and other control measures] (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
DJM\Farm Agreements\stnnnuater Treatment-Maintenance Agreement
12-18-06
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 the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and Loma Linda University Medical
Center 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 Owners 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. Cra813, 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
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 Jesse Mock,VP Facilities&Environment
City of Redlands
PO Box 3005, Redlands, CA 92373 11234 Anderson Street
Loma Linda, CA 92354
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
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 OF REDLANDS: OWNER:
Jo arrison, ayor oesMock VP Fa dities & Environment
Attest:
Lorrie Poyzer, t k
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 February 13, 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 Lorrie 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.
WITNESS my hand and official seal.
0
LORRIE POYZER, CITY CLERK
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Teresa Ballinger, Assistant City Clerk,
C. ............. (909)798-7531
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-------------------------------------------------
CAPACITY CLAIMED BY SIGNER(S)
ludividual(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 ToTHE DOCUMENTI)ESCRIBED BELOW:
Title or Type of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement, APN 02921-166-11
Date of Document: December 29, 2006
Signer(s) Other Than Named Above: Loma Linda University Medical Center, Owner by: Jesse
Mock, VP Facilities & Environment
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 6o 13wae-ie`�f lib
A,eiA (' 44•
-'�'"
On �.Jd �& �ate� before me,
D e Me
and Title of Off cer(e.g., Jan Doe,Notary Pu is)
personally appeared !��� /� e �
Names)of S nor
s
,
personally known to me
(or proved to me on the basis of satisfactory evidence)
to be the person whose name is/am-,subscribed to the
within instrument and acknowledged to me that
heits4ii@A4,ey executed the same in his/49f4heii,authorized
�� o capacity(+ee), and that by his/t4e+F signature(s) on the
MARIA C.M.GARCIA
Commtsslon#1437603 instrument the person(M, or the entity upon behalf of
Notory PutHc-California which the person�6 acted, executed the instrument.
San Bernardino County
MyCOMM.FxPiresSep 24,2o07 W S my hand and official seal.
i _
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Place Notary Seal Above
Signature of otary 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 Do ument /�< � L, j,(�,o %
. .
,
Exhibit
Legal Description
APN: 0202-186-11
That om��nofB�uKOof Bo�onRanch, mCalifornia,
mm� �uung/cx �anu�neuuxvu. �u*m� u/ " aspep,"`
recorded in Book of Maps, Page 18. Records of said Counh/, as created bvthat certain Certificate of
Compliance No. E1027'86. recorded as Document No. 86-281129 of Official Records of said County,
described aofollows:
BEGINNING at the intersection of the centerline of Barton Road and Iowa Street, as shown by said Map of
Barton Ranch, said intersection is also shown in Record of Survey recorded in Book 63 of Surveys, Page
76, Records of said County, as being North 00 38' 57"West 20.08 feet from the centerline of improvement
as shown by said Record of Survey; thence South 890 53' 00"West along the original centerline of Barton
Road, 586.48 feot, more or lass, to the southeast corner ofthat certain parcel of land conveyed to the
Redlands FuoUighbars. Inc. byDeed recorded June 13' 1S88. inBook 7248. Page 433. Official Records of
said County; thence North O° 48' 27^West along the east line ofsaid Fondightern' Property and along the
northerly extension of said FuoUightere' Property, 575.29 feot, more or |aoo, to the intersection with the
north line ofthat certain parcel of land described by Instrument No. 85-307138. (}ffioie| Records of said
County, said line is shown by said Record of Survey recorded in Book 63 of Surveys, Page 76, Records of
said County; thence North 89" 04' 17^ East along said north line, 421.70feet b> an angle point therein;
thence continuing along said |ine. North 57^ 87' 39" East, 226.39 feet to a point on the centerline of said
|ovvo Street; thence South O" 38' 57" East along the centerline of said Iowa Street. 84586 feet to the
POINT OFBEGINNING.
Redlands Maintenance Agreemonv4.avu u
SAND & IN THE CITY OF REDLANDS, E H EIBI OF B .,
�'� �COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA
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PREPARED BY: PREPARED FOR:
LEGAL DESCRIPTION
Associated Engineers, Inc. LOMA LINDA UNIVERSITY MEDICAL CENTER
Py 3311 EAST SHELBY STREET • ONTARIO, CA 91764 APN 0292-166-11
Fw TEL. (909) 980-1982 -FAX: (909) 941-0891
Ftv L-\2004\040ee\D*v\040680\MAPFMNG\LEcu.—Kur.a»y Fab 05. 2007