HomeMy WebLinkAboutContracts & Agreements_198-2007_CCv0001.pdf Recorded in Official Records. County of Ban Bernardino 113:44/0512007
PM
LARRY WALKER MQ
yrs Auditor/Controller — Recorder
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO;
Doc#: 2007-0616061111111,111, 111, Titles: 1 Pages: s
CITE'CLEF 1111111 Fees 0.00
Taxes 0.00
CITE'" OF R.EDLANDS � Iher0.00
P.O. BOX 30€I5 PPID
REDLANDS, CA 92373
FEES T REQUIRED SPACE ABOVE;THIS LIME FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103 REVISED
STORMWATER TREATMENT DEVICE AND CONTROL,MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0300-411-11 and 12
THIS AGREEMENT is Dade and entered into this 29th day of October > 2007,
by and between Redlands Swim & Tennis, LLC, a California limited liability company
("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
WBEREAS, 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
WHERE AS, at the time of approval of the Owner's development project commonly
known as Casalingo, Tract 17622 and fled as Tract 17622 (the "Project"), the City required the
Project to employ on-site control Measures to minimize pollutants in urban stormwater runoff;
and
W1"IEREAS, the Owner has chosen to install Bioretention Area. (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 beim 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
NVBEREAS, 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
with all Federal, State and local laws and regulations, including these pertaining to confined
space and waste disposal methods in effect at the time such maintenance occurs;
City of Redlands
Agr ri nt ltemon January,2007
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and Redlands Swim & Tennis, LLA, a
California limited liability company 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 times to minimize or avoid interference
with the Owner's use of the Property when undertaking such inspect-ions 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 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. 0300-411-11
and 1.2, 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,
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.
G. 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
City of Redlands
Agreement Version January 2007
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 Redlands Swim & Tennis, LLC
City of Redlands Mark Gardner
P.O. Box 3005 490 Alabama Street, Suite 101
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.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS: 0 E
C�Ax
J '
' Harrison, Mayor Mark Gardnv, President 11 -
Attest:
Lo 1e Poyzer, C
City of Redlands
Ac.leernent Jerson January 2007
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 October 29, 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 - { } 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.
\0%%'1n 1111 fit//,/// WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
R 0'q4 .
P % (P
R6 a
18
oill I I I I 110\0 Teresa Ballinger, Assistant City Ck-rk
(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: Revised Stormwater Treatment Device and Control Measure Access
and Maintenance Agreement, APN 0300-411-11 & 12
Date of Document: October 29, 2007
Signer(s) Other Than Named Above: Redlands Swim& Tennis, LLC by: Mark Gardner, President
10�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On_;� _ before me
Date Na e o Officer(e.g.,"Jane Doe, t ublic
personally appeared Name(ss)
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
M.WENS within instrument and acknowledged to me that
Cornlmsion # 17141199 he/she/they executed the same in his/her/their authorized
Not"►ubNc-Ca"10 Na
Sen be Com, capacity(ies), and that by his/her/their signature(s) on the
EibZ20111t instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
gnature of Notary Public
0�e� i �
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
le or Type of Document:
Document Number of Pages:
Signer(s) Other Than Name ove: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: —
❑ Individual dividual
❑ Corporate Officer — Title(s): _ ❑Cor ate Officer — Title(s):
Partner — Ll Limited [.:J General y D Partner Limited I l General
El Attorney in Fact ' ❑Attorney in Fa ' --
Top of thumb herer, Top of thumb here
F_ Trustee Trustee
Guardian or Conservator ]Guardian or Conservato
Other: i.:: Other.
Signer Is Representing: Signer Is Representing:
J 2006 National Notary Association•9350 De Soto Ave-.P.O.Box 24ffi•Chatsworth,CA 91313-2402� Item No 5907 Reorder Call Tall-Free 1-8 -876-6182
EXHIBIT "A„
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTH ONE-HALF OF FRACTIONAL SECTION 6,
TOWNSHIP 2 SOUTH, RANGE 2 WEST, S.B.M., LOCATED IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ACCORDING TO GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF WABASH
AVENUE, 30.00 FEET WIDE ON THE WESTERLY SIDE, AND LOS ALTOS DRIVE,
30.00 FEET WIDE ON THE NORTHERLY SIDE;
THENCE SOUTH 77003'36" WEST 655.18 FEET ALONG THE CENTER LINE OF
SAID LOS ALTOS DRIVE TO THE BEGINNING OF A CURVE, CONCAVE
NORTHERLY AND HAVING A RADIUS OF 1030.00 FEET;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID CENTER LINE AND ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03052'01" A DISTANCE OF
69.52 FEET TO THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF
THE EASTERLY LINE OF PARCEL MAP NO. 2323, LOCATED IN THE CITY OF
REDLANDS, AS PER PLAT RECORDED IN BOOK 21 OF PARCEL MAPS, PAGE 31,
RECORDS OF SAID COUNTY AND PARCEL MAP NO. 4483, LOCATED IN THE CITY
OF REDLANDS, AS PER PLAT RECORDED IN BOOK 40 OF PARCEL MAPS,
PAGES 94 AND 95, RECORDS OF SAID COUNTY;
THENCE LEAVING SAID CENTER LINE, NORTH 01 02847" WEST 460.61 FEET
ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LINE OF SAID
PARCEL MAP NO. 2323 AND SAID PARCEL MAP NO. 4483 TO THE SOUTHWEST
CORNER OF TRACT NO 12777-1, LOCATED IN THE CITY OF REDLANDS, AS PER
PLAT RECORDED IN BOOK 225 OF MAPS, PAGES 75 THROUGH 77, RECORDS
OF SAID COUNTY;
THENCE NORTH 88031'08" EAST 427.36 FEET ALONG THE SOUTH LINE OF SAID
TRACT NO. 12777-1 TO AN ANGLE POINT IN SAID SOUTH LINE;
THENCE NORTH 49001'53" EAST 50.30 FEET ALONG SAID SOUTH LINE AND THE
NORTHEASTERLY PROLONGATION OF SAID SOUTH LINE TO A POINT IN THE
CENTER LINE OF SAID WABASH AVENUE;
THENCE SOUTH 40055'53" EAST 253.16 FEET ALONG SAID CENTERLINE OF
WABASH AVENUE TO THE BEGINNING A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 418.00, WHOSE RADIAL BEARING
IS NORTH 48055'51" EAST;
PAGE 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
THENCE SOUTHEASTERLY ALONG SAID CENTER LINE AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 14°35123" A DISTANCE OF 53.51 FEET
TO THE INTERSECTION WITH SAID LOS ALTOS DRIVE AND THE POINT OF
BEGINNING.
SAID DESCRIPTION AFFECTS APN 0300-411-11,12
SAID DESCRIPTION CONTAINS 4.92 ACRES, MORE OR LESS
LA
CARSON L. STORER P.L.S. 3913
EXPIRATION DATE: JUNE 30, 2008
PLS Flo.3913
tp .
6-30-08
c �
PAGE 2 OF 2
EXHIBIT "B"
lw r LOT .1 LOT 2
TR 12777-1l MB 225175-77
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TR NO. 12777-1 X00
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LINA DATA CURVf DATA
. L I N 49001 '53" E 5&30' C I D 03°52'01
R= 1030.00'
-r=34.77'
�yt L=G9.52'
t�`m o.X913
Ex , C2 A-- !4°35'23„
R=4 16.00'
-- = 3.51
'AF'.S(DN L 4"OBER P.1.55 3�) 13
1. ,4vTL: JL.JNJ 30, 200 l.. L= 100.44' .__.
CALL I "= I 00'