HomeMy WebLinkAboutContracts & Agreements_59-2007_CCv0001.pdf Recorded in official Records, County of San Bernardino 411012007
LARRY WALKER s:ao AM
� ASG
Auditor/Controller – Recorder
F
,rr
R Regular Mail
RECORDING REQUESTED BY
DOC# 2007—0216724 Titles: 1 Pages: 7
AND WHEN RECORDED ;MAIL TO:
Fees 0.00
CITY CLERK Taxes 0.00
Other 0.00
CITY OF REDLANDS PAID $0.00
P.O. BOX 3005
REDLA'NDS, CA 02373
FEES N01 REQUIR SPACE A130VE T'IIIS LINE,FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORIti'IWATER TREATMENT DEVICE :AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0292-351-01
THIS AGREEMENT is made and entered into this 3rd day of April, 2007 by
and between Orange TreeLane LP ("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 Medical Office Building and filed CRA 830, PR740 (the "Project"), the City
required the Project to employ on-site control measures to minimize pollutants in urban
storinwater runoff. and
k�'1-IEREAS, the Owner has chosen to install a Contech Construction Products
Incorporated "Storm. ChamberT 1 Retention'Detention Sysiern" 'the "Devices") to rliinilnize
pollutants in urban storrnwater 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
Ct t;Rediwds
F:r: r lent• rscn jar iary 2001
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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, TIJEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and Orange Tree Lane LP, a California
Limited Partnership by Pres-Redlands LLC, a California limited liability company its General
Partner agree as follows:
AGREEMENT
I 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 tirries 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 falls 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
u nw'I pal i d i n flu'I
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. CRA 830,
PR740, 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.
In event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, addition in
I ion to any costs and other relief, be
Ct,v of Redl.nds
A ,r,,-i Vomor,jaouary 2007
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 John W. Fitzgibbon
City of Redlands Orange Tree Lane LP
P.O. Box 3045 4300 Von Darman Avenue
Redlands, CA 92373 Newport Beach, CA 92660
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: Orange Tree Lane L.P., a California
limited partnershi
By: P S , LLC, a California limited
liab` it co , its General. Partner
Jar lai x ison, �!layor n W. Fitz ib o , CO-Manag r
Attest:
Lorne Poyzer, Civ
of nedands
Vers, n.ar`d 2037
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 3, 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, Mayor and Lorrie Poyzer, City
Clerk{ 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.
WITNESS my hand and official seal.
4 LORRIE POYZER, CITY CLERK
ora
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By:
Teresa Ballinger, Assistant City,tlerk
(909)798-7531
--------------------------------------------------------------
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(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
—------—-------—–——---—-----—--------—–—-----------
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, APN 0292-351-01
Date of Document: April 3, 2007
Signer(s) Other Than Named Above: Orange Tree Lane LP, Owner; By: Pres-Redlands LLC its
General Partner;by: John W. Fitzgibbon, Co-Manager.
ACKNOWLEDGMENT
State of : California
County of Orange
On January 26, 2007 before me PhvI Chen, Notary Public
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared John W. Fitzgibbon-
Name(s)of Signer(s)
[X] personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s)whose name(-,) is/aft
subscribed to the within instrument and
acknowledged to me that he/she4he�-
executed the same in his/hef4heir-authorized
capacity(ies), and that by his/hei��
signature(s)on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
COMM, #11 WITNESS my hand and official seal
0 f4aWy Pubk - 0
Qfar4e kA�
A^3
Signature of Notary Public
Place Notary Seal Above
Ad
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EXHIBIT A
LEGAL DESCRIPTION
LOT 9, TRACT NO. 11535-2, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 160 OF MAPS, PAGES 79 TO
81, INCLUSIVE, RECORDS OF SAID COUNTY.
EXCEPTING THOSE PORTIONS OF LOT 9, TRACT NO. 11535-2, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 160 OF MAPS, PAGES 79 TO 81, INCLUSIVE RECORDS OF SAID
COUNTY, AND LOT 10, TRACT 11535, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA AS PER PLAT RECORDED IN BOOK 164 OF MAPS
PAGES 31 AND 32, RECORDS OF SAID COUNTY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF NEVADA STREET, 64 FEET WIDE
WITH THE NORTH LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA,
RECORDED APRIL 25, 1961, IN BOOK 5412, PAGE 294, OFFICIAL RECORDS OF SAID
COUNTY; THENCE ALONG SAID NORTH LINE, NORTH 89' 41' 00" EAST, 576.09 FEET TO
THE EAST LINE OF SAID LOT 10; THENCE ALONG LAST SAID EAST LINE, NORTH 00' 25'
44" WEST, 21,17 FEET;THENCE NORTH 89' 09' 05" WEST, 576.24 FEET TO THE WEST
LINE OF SAID LOT 9; THENCE ALONG SAID WEST LINE, SOUTH 00' 25' 44" EAST 32.89
FEET TO THE POINT OF BEGINNING,
ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
THIS DESCRIPTION WAS MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE
WITH THE LAN SURVEYORS ACT.
'LAND
SCOTT E. ESTEP, PLS 7066 p SCOTT E. ESTEP
EXPIRES 12/31/2008 a- Exp. 122008
1/29/07
No. lass �
-- DATE
OF CA0
Cts INC.
95 E. Yorbo Undo Blvd., Ste 202
8 2
Plocentio, CA 92870
714 57 —6800 FAX 714)572-6850
LAND EXHIBIT B
MAP
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S, T E. ES P
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a� EXp, 1213112008
No. 7066
OF CA1� ORANGE TREE LANE
N89_34'34"E
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NW34'34"E 271.19'
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32'
LOT 9
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N TRACT 11535- 2
to
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32
N89'09'20'W 288.26'
10 FREEWAY
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CURVE DATA
D=90'00'00" �llx.INC
SCALE: 1"=50' C1 R=17.00' 895 E. Yorba Linda Blvd,, Ste 202
L=26.70' Placentia, CA 92870
(714)572-6800 FAX(714)572-6 5O