HomeMy WebLinkAboutContracts & Agreements_150-2008_CCv0001.pdf C IY OF
REDLANDS
--------------
municipal
utilities MEMO
and
engineering
department
TO: Lorrie Poyzer,City Clerk
FROM: Alan K. Collett,Assistant Engineer
THROUGH: Tom T. Fujiwara,Assistant City Engineer
DATE: August 28,2008
SUBJECT: Stormwater Treatment Device Access and Maintenance Agreement for CUP No.
901 -Located adjacent to the east side of the property at the south east corner
of Lugonia Avenue and Indiana Court.
Attached is a signed and notarized original of the Stormwater Treatment Device Access and
Maintenance Agreement for CUP No. 901 -Located adjacent to the east side of the property at the
south east corner of Lugonia Avenue and Indiana Court. As authorized by Resolution No. 6394.,
adopted by City Council on May 17, 2005, please have the Mayor and City Clerk execute the
Agreement and have it recorded. Please forward a copy of the recorded Agreement to die Municipal
Utilities and Engineering Department for our records.
TTF:akc
MSENG 4YE'VO Cr1fflLM(,*
Recorded in official Records. County of San Bernardino
008
LARRY WALKER 8:51AM
f � Auditor/Controller - Recorder U 51
PLEASE COMPLETE THIS INFORMATION
,A
RECORDING REQUESTED BY: R Regular Mail
CITY OF REDLANDS DOC##: A 200 0409398 Titles: 1
Pages: $
Fees @ @@
AND WHEN RECORDED MAIL TO: 1 I i Other @ @9
CITY CLERK t 1I @.@@
CITY OF REDLANDS PAID
P.O. BOX. 3005
REDLANDS , CA 92373
Y
SPACE ABOVE FOR RECORDER'S'USE ONLY
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
APN: 0292-441-21 & 0292-441-22
Title of Document
Vj_ljgo &
AD
-ruo
0 D I D
D
0
UtTm (DIM
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR.RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev,1107:dt) (S:/master Form ' xamining/Doo Cover Sheet)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Nos. 0292-441-21, 22
THIS AGREEMENT is made and entered into this29thday of July, 2008, by and
between L and I Partners LLC, Alta Vista Credit Union (together the "Owners"), and the City of
Redlands, a municipal corporation ("City"). The Owners and the City are sometimes each
individually referred to herein as a"Party" and, collectively, as the "Parties."
RECITALS
WHEREAS, the Owners own real property ("Property") in the City identified as County
of San Bernardino Assessor's Parcel Nos. 0292-441-21 and 0292-441-22; and
WHEREAS, at the time of approval of the Owners' proposed development projects, the
City required the Owners to employ on-site control measures to minimize pollutants in urban
storrnwater runoff, and
WHEREAS, the Owners have chosen to install detention basins (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 Owners, and
C:\Documems and Settinas'JianTocal Settinus\ Treatment-
Maintenance Lg[eementDQC
07/21/08 9.23 a.m. ti
WHEREAS, the Owners are 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 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, L and I Partners LLC, Alta Vista Credit Union and the City
of Redlands agree as follows:
AGREEMENT
1. The Owners hereby provide the City and its designees with full right of access to the
Devices and the Owners' 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
Municipal Utilities and Engineering 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 Owners' expense as provided
for in Section 4, 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 Owners 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 Owners and the Owners' 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 Owners shall provide the City with documentation
identifying the materials removed, the quantity and the location of disposal destinations,
as appropriate,
3. The Owners hereby grant, reserve and establish perpetual, mutual, reciprocal and non-
exclusive easements in, on, and over the Property for the perpetual joint access to, and
maintenance of, the Devices. Each Owner shall use such easements in compliance with
all governmental requirements. The easements are appurtenant to the Property benefitted
thereby and shall inure to the benefit of the present and future Owners of the Property.
4. In the event the Owners fail 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
who has failed to perform such maintenance, including administrative costs, attorneys'
fees and interest thereon at the maximum rate authorized by law, twenty(20) days after
that Owner's receipt of the notice of expense until paid in full.
- 2 -
5. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0292-441-21
and 22, and shall be recorded in the Official Records of the County of San Bernardino at
the expense of the Owners 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 the 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.
7. 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.
8. Time is of the essence in the performance of this Agreement.
9. 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 OWNERS
Municipal Utilities and Engineering Director Jian Torkan
City of Redlands L and I Partners, LLC
PO Box 3005, Redlands, CA 92373 4221 Wilshire Blvd., #240
Los Angeles, CA 90010
Debra Grisamer, CEO or
William Kastner, Chairman of the Board
Alta Vista Credit Union
295 S. Tippecanoe Ave.
San Bernardino, CA 92408
10. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
11. Any amendment to this Agreement shall be in writing and signed by the City and the
Parties,
- 3 -
IIT WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date
first written above.
CITY OF RE LANDS: L„AICD I PARTNERS LLC
By: By:
.Io arrison, ayor Title--” '
"
ian Tor an
Attest: ALTA VISTA CREDIT UNION
By:
Lorri oyzer, i C erk Title: r- 7-
Debra A. Grisamer
August 29 , 2005
Date
- 4 -
A1.1--PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section I IS 1, of the California Civil Code, and
Chapter 2. Division 3, Section 40814, of the California Government Code, on September 2, 2008, before
me, Lisa Caldera, Administrative Assistant, on behalf of Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared Jon Harrison, Mayor and Lorne Poyzer, City Clerk who
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 hekAie,-,'they executed the same in his/hen'their
authorized capacity(ies) and that by 1 13e their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certiCN, under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
tt;4IIt11l/It1f WITNESS my hand and official seal.
R eo
&POR4 LORRIE POYZER, CITY CLERK
By:
Lisa Caldera, Administrative Assistant
(909)798-7531
--------------------------------------------------------------------
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-Iii-Fact
Principal(s)
Trustee(s)
Trust
I xj 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 0292-441-21 & 0292-441-22
Date of Document: July 29. 2008
Sl-ner(s) Other Than Named Above: L and I Partners LLC, Jlan Tork-an, Manager Alta Vista Credit
Union, BMJ: Debra A. Grisamer, President/CEO
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
i
r
State of California
l
County of LOS ANGELES
i
On July 29, 2008 before me, MARILU VARGAS, Notary Public
(Here insert name and title of the officer)
personally appeared MAN TORKAN ,
who 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
? capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which
the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct. 'r'�'
Meas u vwutsAs
CommissW* 171026
< •+ Notary Public -Cciidomlo
WITNESS m and and official seal. Z Los �Ws County
r Comm. Clsc 11
(Notary seal)
'Si ture Notary Public
ADDITIONAL OPTIONAL FORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer)_ Please check the
(Title or descri ption of attached document continued) document carefully for proper notarici wording and attach this form if required.
State and County information must be the State and County where the document
Number of Pages 4 Document Date_ signer(s)personally appeared before the notary public for acknowledgment.
Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s)who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
mla/sheAsy-• is4efe)or circling the correct forms.Failure to correctly indicate this
• Individual(s) information may lead to rejection of document recording.
• Corporate Officer The notary seal impression must be clear and photographically reproducible.
i Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
o Partner(s) Signature of the notary public must match the signature on file with the office of
s the county clerk.
o Attorney-in-Fact cu Additional information is not required but could help to ensure this
Ej Trustee(s) acknowledgment is not misused or attached to a different document.
i'
® Other MANAGER (A Indicate title or type of attached document,number of pages and date.
{
CA Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
Securely attach this document to the signed document
l
2008 Version CAPA v 12.10 07 800-873-9865 www.Notary Classes.cum
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On July 31 , 2003 before me, Laurel Hunt, Notary Dublic
Date Were Insert Name and Title of the Officer
personally appeared Debra A. Crsamer
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personal whose name(e)subscribed to the
within instrument and acknowledged to me that
shy #req executed the same in hi-.I /their authorized
capacity(ies), and that by NG /Aheir signature(3) on the
instrument the person(s}, or the entity upon behalf of
which the person(ej acted, executed the instrument.
ILSWiff
QIIIMMI 1>� l certify under PENALTY OF PERJURY under the laws
11 of the State of California that the foregoing paragraph is
true and correct.
WITNESS rny band and official seal.
Signat l�l1C� � `'�,'i
Place Notary Seal Above STgnature of Notary 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 Document
Title or Type of Document: Seater Treatment Device and Control Measure Access and
Maintenance Agreement.
Document Date: left blank per City of Redlands Number of Pages: 4
Signer(s) Other Than Named Above: Jian Torkan, Jon Harrison, Lorrie Poyzer
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
E.] Corporate Officer--Title(s): _ ❑Corporate Officer—Title(s):
:] Partner—❑ Limited ❑ General _ ElPartner—[I Limited [,-,-J General
Wet; It
[: 1 Attorney in Fact iWI• '"
El Attorney in Fact • µ.
C:] Trustee
Top of thumb here ❑Trustee Top of thumb here
:a Guardian or Conservator E-]Guardian or Conservator
5; Other: Z,=Ieln ZZIb [ 1 Other:
Signer Is Representing Signer Is Representing:
tSS2 f/`c '� Z_491C l
02007 National Notary Association-9350 De Soto Ave-PO-Box 2402-Chatsworth,CA 91313-2402•www,Natfona]Notary.org Item#5907 reorder.Call?oll-free1-800-876-6827