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HomeMy WebLinkAboutContracts & Agreements_176-2007_CCv0001.pdf Recorded in Official Records. County of San Bernardino 9121/2007 LARRY WALKER �M3a AM NZ� Auditor/Controller — Recorder s> O 1NG REQUEST D R Regular Mail BY AND WHEN RECORDED MAIL, TO: DOC##: 2007—0542127 Titles: 1 Pages: 7 CITY CLERK Fees 0.00 Taxes 000 CITY OF REDLANDS other 0.00 RO. BOX 3005 PAID $0.00 REDLANDS, CA 92373 6'Eti L:. VEE? 1ENT CODE s>sAc aaov rats tnvfoftf�i coftf7xt's frs� SECTION 5103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0298-251-09 THIS AGREEMENT is made and entered into this 12th day of June 207 by and between Amethyst Bible Church c/o Higginson Cartozian Architects (``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." CIT L HEREAS, 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 Amethyst Bible Church, Amethyst Street, North of Mentone Blvd., in the City of Redlands and filed as CUP 818 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban storrnwater runoff, and WHEREAS, the Owner has chosen to install a detention basin and a biowale (the "Devices") to minimize e pollutants in urban stormwater runoff, and WTIEREAS, the Devices have been installed in accordance with plans and specifications approved by the City; and VA-IEREAS, 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 VA-IEREAS, the Owner is aware that periodic and continuous maintenance including, but not necessarily limited to, Ater 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; City of Redands NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and Amethyst Bible Church agree as follows AGREE NT 1. 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 tunes 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 theOwner'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 fails 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 until paid in full. 4, This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0298-251-09 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 Iien 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. 5. In 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. . 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 City Of R (ands Agreement Vetsion January 2007 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 Amethyst Bible Church City of Redlands c/o Higginson Cartozian Architects P.O. Box 3005 1455 Park Avenue Redlands, CA 92373 Redlands, CA 92373 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, INT VI WHEREOF, the Parties hereto have affixed their signatures as of the date first written above, Amethyst Bible Church CITYT DI S; OWNER: c/o Higiinson Cartozian Architects ........ /!on Harrison, Mayor Dave Higginson 'Arclite Attest: L Poyzer, terk City of Red-lands Agmerr*nt Vemion january 2007 ALL-PURPOSE ACKNOWLEDGMENT SI-ATE OF CALIFORNIA COUNTY INTY 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 September 18, 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 � 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. RC LORRIE POYZER, CITY CLERK rr "q (P C 1 8 3 By: /z F 0 1R, \\, � Clerk erk Teresa Ballinger, AssistanIt iy Clerk (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 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-, APN 0298-251-09 Date of Document: June 12, 2007 Signer(s) Other Than Named Above: Amethyst Bible Church c11/o Higginson Cartozian Architects by Dave I-ligginson, Architect I L_ t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of v \ � GU1 G Or �'�- �"`c before me, Date Name arsd TRIe of Officer(e.g.."Jane 1304,Notary Public") personally appeared (e)of Warm ❑ personally known to me 154or proved to me on the basis of satisfactory evidence) to be the personV)whose name(A is(afe subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in hisilheM44eir authorized ownVA"W"#r t capacity(, and that by hislher#heir.signature(A) on the instrument the person(,), or the entity upon behalf of 07VASm -o which the person() acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above �" _�,`✓t—�-�.V� y frM re 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: A-n _r �` l aG``_"f-� l� A.•�-� ,ter-v' rte- �`�ct`� �Cs�` Gt `� Document Date: \s: Number of Pages: �J Signer(s)Other Than Named Above: b'Nj Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual [I individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited E] GeneralED Partner — ❑ Limited ❑General ❑ Attorney in Fact " C_?Attomey in Fact Toa of thumb here El Trustee Top of thumb here El Trustee ❑.. Guardian or Conservator Guardian or Conservator ❑ Other: ❑Other: Signer is Representing: Signer Is Representing: © 50 2006 National Notary Association•93De Soto Ave.,P,O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Calf Toll-Free 1.8 876-6821 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 5, BLOCK 20 OF THE MENTONS STRETCH MAP, LOCATED IN THE CITY OF REDLANDS, AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 81, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF AMETHYST STREET, 30.00 FEET WIDE ON THE WEST SIDE, LYING ADJACENT TO AND EASTERLY OF SAID LOT 5, AND MENTONE BOULEVARD, VARIOUS WIDTHS, LYING ADJACENT TO AND SOUTHERLY OF SAID LOT 5, DESCRIBED A S FOLLOWS: BEGINNING AT THE INTERSECTION OF SAID AMETHYST STREET AND MENTONE BOULEVARD; THENCE NORTH 01016'12" EAST 467.75 FEET ALONG SAID CENTER LINE OF AMETHYST STREET; THENCE LEAVING THE SAID CENTERLINE NORTH 88049'20" WEST 677.58 FEET TO A POINT ON THE WEST LINE OF SAID LOT 5; THENCE SOUTH 01010'43" WEST 164.27 FEET ALONG SAID WEST LINE; THENCE SOUTH 88052'00" EAST 164.79 FEET ALONG A LINE PARALLEL WITH SAID CENTER LINE OF MENTONS BOULEVARD; THENCE SOUTH 01 008'00" WEST 304.00 FEET TO A POINT IN SAID CENTERLINE OF MENTONE BOULEVARD; THENCE SOUTH 88052'00" EAST 511.80 FEET ALONG SAID CENTERLINE OF MENTONS BOULEVARD TO THE INTERSECTION WITH SAID CENTER LINE OF AMETHYST STREET AND THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 6.12 ACRES, MORE OR LESS SAID DESCRIPTION AFFECTS APN 0298-251-09 . fit°•►-LLAA CARSON L. STOKER P.L.S. 3913 CIOC-RvA • « , . EXPIRATION DATE: JUNE 30, 2008 PLS N . TEA 342 WOMP RE �LAMBIT R : �r N88049'20"W G77.58' rF, f�o , Rl AFN 02c-',5.-25 - TO 2 FOR LOT 5 BLOCK 20 � ME TONE STS E H MAP MB 8/81 :r s MENTONS BOULEVARD N88°52''00"W 51 1 .80' -.......�..... .�. FC7P PI LA . T '- 110- PLS - N ..3913 Exp. 30-08 50A1L I'= J0' CAR50N L, 0.