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Home My WebLink AboutContracts & Agreements_143-2006_CCv0001.pdf LandAmfilka- Recorded in Official Records, County of San Bernardino 6/2212006 t4lvw LARRY WALKER 1.18 Pm RECORDING REQUESTED BY ixAk�" Auditor/Controller — Recorder QTH AND WHEN RECORDED MAIL TO. 818 LandAmerica/Developer Services CITY CLERK Dac#: 2006—0426212 Titles: 1 Pages: 10 CITY OF REDLX DS PO BOX 3005 Fees 0.00 REDL,ANDS,CA 92373 ' Taxes 0.00 FEES NOT REQUIRED I Other 0.00 PER GOVERNMENT CODE PAID $0.00 SECTION 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number 0292-211-19 °'T"fZ. 1(O THIS AGREEMENT is made and entered into this 4th day of Apr i 1, 2D 0_6_, by and between Ridecrest 64, LLCM 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," which is attached hereto and incorporated herein by this reference; and WHEREAS, at the time of approval of the development project known as (the "Project") for the Property, the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff; and AgreementsNVOMP agreement 0-2 .rtf WHEREAS, the Owner has chosen to install a 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 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 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 of Redlands and Ridgecrest 64, LLC agree as follows: AGREEMENT I 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. I The Owner shall diligently maintain the Device and other control measures in a manner assuring peak performance 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 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. 3 Agreement s/WOMP agreement 3-2-06.rtf 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. 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). 4 AgreementsIWOMP agraemeWf 3-2-06.rtf T 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. 10. Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in th 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 City of Redlands Public Works Director PO Box 3005 5 Agreement s/WQMP agreement 3-2-06.rtf Redlands, CA 92373 OWNER Ridgecrest 64, LLC 30811 Mirabella Court Redlands, CA 92374 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 11 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 of City and signed by City and Consultant, IN WITNESS WTIEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS OWNER: Ridgecrest 64, LLC ald F. Zigro, si, M Jon/flarri'son, Mayor J ald F. Zigro, si, M Member Attest: Lorrie�/I`ovzer, City/'Or 6 Agreewent sIMMP agreement 3-2 .rt( 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 April 4, 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. NO I I I I Iff/1111// WITNESS my hand and official seal. RED Al LORRIE POYZER, CITY CLERK C' P By: ............ Teresa Ballinger, Assistant Oity Clerk (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: Stormwater Treatment Device and Control Measure Access and Maintenance Agreement Date of Document: April 4, 2006 Signer(s) Other Than Narned Above: Gerald F. Zigrossi, Managing Member, Ridgecrest 64 Development Co., LLC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California courm,of it rd t r/') i ss. 0 �to�ir On �`, - 3 before me, 'aro l DW Nana mW tine or osa«04fb m Do*,Mmy PJ*n personally appeared '� °t.�'Q�( 2 / /),-5 5/ — ❑personally krwwn to me P,proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and 1 CAROL L.CARL act to me that he/she/they executed the same in histher/their authorized Commission# 1348669 •; Notary Pubiic-Coiitornw capacity(ies), and that by his/her/their San Bernardino County signature(s)on the instrument the person(s),or My Comm.Expires Apr 24,2 the entity upon behalf of which the person(s) wr 9Facted,executed the instrument. C...� ESS my hand and o_ 'cal SOV00 e d were OPTIONAL Thmo ft i domja6on below is nor required by law,N may prove vahmW to persaes reyM on Abe dac meW and coW prevw# fn u*AeM removal and reaKadwwrf of this form so another document Description of Attached Document �-� Title or Type of Document s)_�(,t1 a.�J- / r e lL�Y1�j I �L' 1- `'� Document Date: � Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Irdivkkmd Top d ftwnb hem ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-m-Fact ❑ Trustee ❑ Guardian or Conservator ❑ 011W. Signer Is Representing: 0 1999 Nabo"Notary Astodagan-9350 De Sob Ave..PA.Boa 24M-Maeawa CA 91313-24M �ytq PAML No.5407 rieader:Cd Tbl+m 1-8D047646W EXHIBIT "A" LEGAL DESCRIPTION LOT 1 OF TRACT NO. 16548, LOCATED IN THE CITY OF REDLANDS, AS PER MAP RECORDED IN BOOK OF MAPS, PAGES AND , RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. CARSON L. STORER P.L.S. 3913 ! „ EXPIRATION DATE: JUNE 30, 2006 N s § ,,. M IN THE CITY OF REDIAND5 FOR CONDOMINIUM PURPO 5 TRACT MAP NO. 16548 BEING A 5001141510N OF THF E45T ONE-HALF OF THE NORTHE45T ONE QUARTER OF GOT t 6 BARYON RANCH,LOCATED IN THE CITY OF 09M05, COUNTY OF 5AN BERNARDINO,5TA7E OF CALIFORNIA,A5 PER PLAT RECORDED IN BOOK 6 OF MAP5,PAGE 19,1N THE OFFICE OF THE COUNTY FEBRUARY2006 RECORDER OF5AID COUNTY. THATCHER ENGINEERING*A55XIA7 5,INC. � FD%'ncs ON MM PGR PM 98w3�4 POSMON PALLS ON MANNOIG NW COR LOT 16 I G5TABUSHD%'Tiirs ON RING N 3e9.3I'SI'w ORANGE 660.09' ("o-sm AVENUE ORANGE AVENUE — 330.05' (330.10 ` 51 Cd?j50.OT" N m� SEE DETAII'A 300.05' b 25' 264.IS' Orm Ot' j OGDICATM TO tK 3S' CffY W XWLm S o��\ 1 ' sa 4a OFFER OF a• DEDICATION TO I CIY TOF DS REDLAN l" 15.8-' —2 t9' eW„ -\10 uj F tai� :DE'rAIL'A! 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STORER PL5 3913 fD, 1.P.rAG ACC r1)2 r SN' EXPIRATION DATE: JUNE 30, 2000 COR Git2K Ie fD l•tGP. TAG t0T S-P Ser SGT TAG Pt8 3915 rm 3v 1 a SL"f AG ACCCPTG11 AS T Pts ss=s coR at 1w tar 14;PGR FMB 9&43-•W