HomeMy WebLinkAboutContracts & Agreements_150-2006_CCv0001.pdf Recorded in Official Records. County of San Bernardino 612712006
LARRY WALKER 4.10 PM
G LMJ
flzr Auditor/Controller — Recorder
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
Doc#: 2006—0438581 Titles: 1 Pages: 10
Fees 0.00
CITY
0.00
1>CITY OF
3 OSR'ED!_ANDS I OtheRK r 0.00
REDLANDS,CA 92373 PRID X0.00
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 iTENANCE AGREEMENT
Assessor's Parcel Number(s) 0292-341-23
Parcels 2 & 3 of PARCEL MAP 16164
THIS AGREEMENT is made and entered into this 20th day of_June 2006, by and
Terrance R. Pence and `
between Vida M. Pence 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 1730 & 1740
-Plum Lane- (CRA %.7881the "Project") for the Property, the City required the Project to employ
on-site control measures to minimize pollutants in urban stormwater runoff; and
AgteernenfS,IVOMP Maint A�rmnt:Wpd l
WHEREAS, the Owner has chosen to install an- infiltration trench
, 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
facilities draining only private property are private es with all maintenance or replacement therefor
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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 (the "Owner") agree as follows:
AGREEMENT
I The Owner hereby provides the City and its designees with full right of access to the Device
Ag,eements,ANOMPMaint Agrmnt.wpd 2
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.
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2, 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
AgreernenfSAVQMPMaint Agrnit.mvpd
4. The City may require the Owner to post security in a forin and for a time period satisfactory
to the City to guarantee the performance of the obligations stated herein. Should the Owner
fall 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 storn1water 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
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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 ran with the Property and shall constitute a lien against the Property.
Agreemen'SANQMPMaint Agrrnnt,w,pd 4
8. The oblicrations 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 OWNER
Public Works Director Terrance R. Pence and
Vida M. Pence
City of Redlands 1423 West State Street
PO Box 3005 Redlands, CA 92373
Redlands, CA 923773
Agreements/WomPmaint Agrmnt.wpd 5
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 of
City and signed by City and Consultant.
IN WITNESS WHEREOF,the parties hereto have affixed their signatures as of the date first
written above.
CITY OF REDLANDS OWNER:
J0 Harrison, Mayor (Name, Title) Terrance R. Pence,
Owner
Attest: A -
Vida M. Pence, Owner
Lorrie byzer, City Q e
AgreementsAA,IaMPMaint Agrrnnt,wpd 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 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on June 20, 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 - f 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.
M1111////z� WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
1883
VYI\
By: a'Lkt,"0A
'40FOO" Teresa Ballinger, Assistant dity Clerk
I I I 11110\0 (909)798-7531
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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: Storinwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: June 20, 2006
Signer(s) Other Than Named Above: Terrance R. Pence and Vida M. Pence, Owners
ACKNiOWLEDGMENT
State of l✓`a iforni=a
countV of San Bernardino
on March 7 , 2006 before me, Donna K . Zsham
personally appeared Terrance R . Pence and Vida M. Pence
wit Nt.0 S;
❑X personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity0es), and that by his"'her/their
sigrlatur s(s) on the instrument the rrerson"s),
or the entity upon behalfe of which the
t person(s) acted. executed i the instrunie t.
DONNA K(SHAM
Comm.#1555994
• NOTARR -MWORMA �_} WITNESSmy hand Asa €o ciai sea .
My COW.Ezpkes Feb.28,20091A �
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4t
V1[=;tYS SRN,,,"I RI-
OPTIONAL
The infortti ttion below is not ;-equi ed by lay. However.a. ,t could pr{vve t I`t-_tttdukent atta hniena of this ac',kno l-
C 7£T,ent to an um uttiorized document-
CAPACITY - AL) DESCRIPTION OF ATTACHEDDOCUMENT
EX INDIVIDUAL,
.F`L,
C'tI I'°� I .OFFICER Stormwater Treatment Maintenance
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I7t)C`t Agreement
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PA,1199 ",,,ALLE)E) .IMkA, 8(XI 612.2 69
EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCELS 2 AND 3 OF PARCEL MAP NO. 16164 IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 210, PAGES 17 THROUGH 18, INCLUSIVE, OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SAID DESCRIPTION CONTAINS 0.97 ACRES, MORE OR LESS.
X
HILLWIG-GOODROW, LLC
PREPARED UNDER THE SUPERVISION OF:
No. 5137
EXR 6-30-
ALAN C. HILLWIG, PLS 5137 O cm-
DATE: 6�b
EXHIBIT "B"
PLUM LANE OFFICE BUILDINGS
WQMP MAINTENANCE AGREEMENT
102 50' 1V89'J4:5J"E 202.40'
99.90'
P R E L M,/-\ N 0 , 1616 4
PY-8 2101 17-18
R-459 00'
A=0,'3350"
L-6046'
T-.3028' 42.48'
100.11'
N8757'07"W 142,59' (142.56)
1, LANGPLUM LAN
11
a-- Prepared by HILLWIG-GOODROW, LLC:
a_ a SCALE: 1" 40'
31604 Yucaipa Blvd., Yucaipa, CA 92399 (888) 626-5137
Na. 5137 FILE NO,: 249-01
EXP. 6-30-07
DATE: JUNE 16, 2006
OF C At-AN C. HILLWIG, PLS 4513-�� DATE
LICENSE EXPIRES: 6-30-07 "1 1 SHEET 1 OF 1