HomeMy WebLinkAboutContracts & Agreements_69-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 4/05/2006
LARRY WALKER AR PM
;gZi rlU Auditor/Controller — Recorder
"
R Regular Mail
RECORDING REQUESTED BY Dock 2006-0234919 Titles: 1 Pages: 11
AND WHEN RECORDED MAIL TO: Fees 0.00
Taxes 0.00
II Other 0.00
PAID $0.00
CITY CLERK
CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT C00
SECTION
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT
A.P.N# 0294-101-34 13605 SAA1 71l° 0 ,
THIS AGREEMENT is made and entered into this 3rd day of April 2006 , by
and between Russel Rice 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
SITETECH, INC.
Water Quality Management Plan (WQMP)
The Rice Residence—APN# 0294-101-34
City of Redlands, San Bernardino County
WHEREAS, at the time of approval of the development project known as
The Rice Residence, 13628 San Timoteo Canyon Rd. A.P.N. # 0294-101-34 for the Property,
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 a storm water leaching system and vegetated
swales, 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
SITETECH,INC.
Water Quality Management Plan (WQMP)
The Rice Residence—APN # 0294-101-34
City of Redlands, San Bernardino County
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 Russel Rice — 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.
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
SITETECH,INC.
Water Quality Management Plan (WQMP)
The Rice Residence—APN# 0294-101-34
City of Redlands, San Bernardino County
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.
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
SITETECH,INC.
Water Quality Management Plan (WQMP)
The Rice Residence—APN # 0294-101-34
City of Redlands, San Bernardino County
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).
7. 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
SITETECH, INC.
Water Quality Management Plan (WQMP)
The Rice Residence—APN # 0294-101-34
City of Redlands, San Bernardino County
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 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 Russel Rice
City of Redlands P.O. Box 1820
PO Box 3005 Redlands, CA 92373
Redlands, CA 92373
Water Quality Management Plan (WQMP)
The Rice Residence—APN # 0294-101-34
City of Redlands, San Bernardino County
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:
-�7
Jon icon, Mayor
OWNER:
Russe! ce
Attest:
Lorric/�oyzer, City
SITETECH, INC
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on April 3, 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.
11f1j,
WITNESS my hand and official seal.
Z: V LORRIE POYZER, CITY CLERK
A
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4_1
C, ........ IN By:
% Teresa Ballinger, Assistant City 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 3, 2006
Signer(s) Other Than Named Above-, Russel Rice
Water Quality Management Plan (WQMP)
The Rice Residence—APN# 0294-101-34
City of Redlands, San Bernardino County
CALIFORNIA ACKNOWLEDGMENTS
Acknowledgment for Individual
State of Cal, orma
o i
Count Of vp("qi
On before me, Rf)nl \10AeTVA(1 _(here insert name),
a Notary Public,personally appeared 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 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
WMESS and d seal.
APRIL VALENCIA
COM#1356342
NOTARY PUBLIC-CALIFORNIA X
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Not Public U RIVERSIDE COUNTY
My Comm Exp.May 12,2006
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mission lexpfres:
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Acknowledgment for Corporation
State of California
County of
On before me, (here insert name),
a Notary Public,personally appeared , 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 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.
WITNESS my hand and official seal.
Notary Public
Print Name:
My commission expires:
REFERENCE:
CIVIL CODE
SECTION 1180-1207
California
Cal. Civ. Code § 1180-1207 (1999) Proof and Acknowledgement of Instruments
SITETECH, INC
Water Quality Management Plan (WQMP)
The Rice Residence—APN#0294-101-34
City of Redlands, San Bernardino County
EXHIBIT A
(Leg- al Description)
In the City of Redlands, County of San Bernardino, State of California, those
portions of the Southeast quarter of Section 9 and the Southwest quarter of
section 10, Township 2 South, Range 3 West, San Bernardino Meridian, described
as follows:
Commencing at a point on the Southeast corner of said Section 9, said point also
being the True Point of Beginning; Thence, N 0120'11"E along East line of said
Section 9 a Distance of 300.00'; Thence S8839'49"W, 165.00 feet; Thence
NOI 20'11 11W, 250.00 feet; Thence, N883949"E 165.00 feet to a common line
between said Section 9 and said Section 10. Thence, N0120'11"W along west line
of said section 10, 288.44 feet; Thence, S576732"E, 907.74 feet; Thence
SOI 08'11"E, 341.69 feet to a point on the South line of said Section 10, said point
lying N8851'49"E, 756.83 feet from Southwest corner of the said line of said
Section 10; Thence, S8861'49"W along South line of said Section 10 a distance of
756.83' to the True Point of Beginning
N .7 0
SITETECH, INC
6
BOUNDARY PLAT
THE RICE RESIDENCE
A. P . N . #0294- 101 - 34
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