HomeMy WebLinkAboutContracts & Agreements_111-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/20/2007
LARRY WALKER 1:45 PM
BGJ
WA Auditor/Controller — Recorder
RECORDING REQUESTED BY
t{
R Regular Mail
AND WHEN RECORDED MAIL TO: Doc#: 2007—0367519 Titles: 1 Pages: 9
CITY CLERK Fees 0.00
Taxes g_00�0
CITY OF REDLANDS other 9.00
P.O. BOX 3005 FAIL $e.ee
REDLANDS, CA 92373
FEES NOT REQUIREn
PER GOVERNMENT CODE SPACE ABOVE"CHIS LINE FOR RECORDER'S USE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
(Assessor's Parcel Nos. 0301-151-31)
THIS AGREEMENT is made and entered into this 5th day of ,7anuarJ2007, by and
between Ima J. Cochrane ("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 Exhibit "A" and Exhibit "B," which is attached hereto and incorporated herein by this
reference; and
WHEREAS, at the time of approval of the Owner's development project commonly
known as 32050 Florida Street, Cochrane Residence(the"Project"), the City required the Project
to employ on-site control measures to minimize pollutants in urban stormwater runoff; and
DJM\Form Agreements\,Stormwater Treatment-Maintenance Agreement
12-18-06
WHEREAS, the Owner has chosen to install vegetated swales and efficient irrigation (the
"Devices") to minimize pollutants in urban ston-nwater 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
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, the City of Redlands and Inia.J. Cochrane 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 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 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. 0301-151-31,
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
l
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.
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 Ima J. Cochrane
City of Redlands
PO Box 3005, Redlands, CA 92373 7118 Marina Pacifica Drive,N.
Long Beach, CA 90803
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 REDLAI DS: OWNER:
4Jarrison, Mayor (Name, Titl(4/
Harrison,H i��or Ima J. Cochrane
Attest:
Acknowhec(gment
Attached tc) 6-pagefs)
Date
Lor
,y(e Poyze�,Xq Clerk-
i
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF R:EDLANDS )
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 June 18th, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorne 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.
WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
1888
71V. By:�"
�,ti°°� Teresa Ballinger, Assistant(:Ay Clerk
(909)798-7531
-----------------------------------------
CAPACITY CLAIMED BY SIGNERS)
{ } Individual(s) signing for oneselUthem selves
{ } Corporate Offieer(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 0301-151-31
Date of Document: June 18, 2007
Signer(s) Other Than Named Above: Ima J. Cochrane, Owner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES ss.
On G"k 2LY'�� 2t 1 , before me, SHARON BUTLER, NOTARY PUBLIC
Date Name and Tide of Officer(e.g.,'Jane,Doe,Notary Public')
personally appeared '-n e` CoC�ra h ---
Names)of Signer(s)
El personally known to me
proved to me on the basis of satisfactory evidence
to be the personM whose named) is/are subscribed
to the within instrument and acknowledged to me that
1;10/she/th*y executed the same in IA/her/th9ir
authorized capacity(i", and that by Wher/thor
- signature( on the instrument the person or the
SHARON autLE� entity upon behalf of which the person(N acted,
Commission# i 4?992) executed the instrument.
Notary Public-California
>� Los Angeles County
My Comm.Expires Apr 24,2008
WITNESSmy hand and official seal.
Place Notary Seat AboveI
Signature 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 Documentg'
Document Date: � J a h t,t�.�,r 2 co,j Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact • ' y'
❑ Trustee Top of thumb here
❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder Call Toll-Free 1•BW-876-8827
Exhibit"A"
Real property in the City of Redlands, County of San Bernardino, State of California,
described as follows:
THE EAST V2 OF THE SOUTH V2 OF THE FOLLOWING DESCRIBED PROPERTY;
THAT PORTION OF LOTS 151 AND 152 OF SUBDIVISION NO. 4 OF PART OF
DUNLAP RANCH, AS PER MAP RECORDED IN BOOK 21 PAGE I OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 151, ON THE
CENTERLINE OF SEVENTEENTH STREET (FORMERLY AVENUE "L'); THENCE
SOUTH 440 29' 00"EAST 171.50 FEET ALOND SAID CENTER LINE TO AN
ANGLE POINT THEREIN;
THENCE SOUTH 142.23 FEET ALONG SAID CENTER LINE TO THE TRUE
POINT OF BEGINNING;
THENCE AT RIGHT ANGLES EAST 466.50 FEET MORE OR LESS TO A POINT
WHICH IS 352.33 FEET WEST OF THE EAST LINE OF SAID BLOCK 151, SAID
EAST LINE BEING ON THE CENTER LINE OF SIXTEENTH STREET;
THENCE SOUTH 010 22' 00"WEST PARALLEL WITH THE EAST LINE OF SAID
SIXTEENTH STREET TO THE SOUTH LINE OF SAID BLOCK 152, SAID SOUTH
LINE BEING ON THE CENTER LINE OF FLORIDA STREET;
THENCE WEST ALONG SAID CENTER LINE OF FLORIDA STREET TO ITS
INTERSECTION WITH THE CENTER LINE OF SAID SEVENTEENTH STREET;
THENCE NORTH ALONG THE CENTER LINE OF SAID SEVENTEENTH STREET
TO THE TRUE POINT OF BEGINNING.
AREAS AND DISTANCES OF ABOVE DESCRIBED PROPERTY ARE COMPUTED
TO THE CENTER OF ADJOINING STREETS AS SHOWN ON THE AFORESAID
MAP.
APN: 0301-151-31
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3,
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Exp. 12-31-07
0,—40'
Edward J. Bonadiman Date