HomeMy WebLinkAboutContracts & Agreements_157-2005_CCv0001.pdf Recorded in Official Records, County of San Bernardino 8/1812005
LARRY WALKER 12:4e Pm
sRre .n Auditor/Controller - Recorder
SW
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: R Regular Mal)
Doc#: 2005—061098$ Titles: 1 Pages: 9
CITY CLERK Fees 0.00
CITY Of-REDI-kNDS Taxes 0.00
110 13OX 3005 Other 0.00
REDLANDS,CA 92373 PAID $0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE RED
PER GOVERNMENT CODE
STORMWATER TREATMENT DEVICE ACCESS AND SECTION 6103
MAINTENANCE AGREEMENT
(APN 0174-162-05)
THIS AGREEMENT is made and entered into this 11th day of August,2005 by and
between Rosevillas Development LLC 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
WHEREAS, at the time of approval of the development project known as Rosevillas.
Tentative Tract No. 1.691.5 (the "Project") 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 Water Quality BMP's such as D t Well
Agreement�P taint Acgrmntl.wpd 1
Catch Basin,Channel Drain and Pipgs hereinafter referred to as the"Device,"as an on-site control
measure to minimize pollutants in urban storinwater runoff, and
WHEREAS, the Device has been installed in accordance with plans and specifications
approved by the City; and
WHEREAS. the Device, being installed on private property and draining only private
property, is a private facility 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 peak
performance of the Device 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 Rosevillas Development, LLC agree as
follows:
AGREEMENT
1. The Owner hereby provides the City and its designees with ful I right of access to the Device
Devjce,wpd 2
d its inimediate vicuuty. of the property at any time,upon reasonable notice,or in the event
of entergency, as deteffmwil by s Public Works Director, no advance notice, for the
purposeof inspection, sampling and testing of the Device, and in cases of emergency, to
undertake aft necessary repairs or other preventative meawes at the Ownees expense as
provided for in Section 3,below. The City shall maize every effort at all rimes to minim or
avoid 'interference with the Ownees use of the Property when undertaking such repairs.
The Owner shall d. . endy mamtain the Device§w a manner assuring peak perfonnance at all
times. All ramnable precautions erei by the Owner and the Ownees
represenwives m the removal extraction ofmaterials from the Device, and t to
disposal of the materials in a manner consistent with all applicable laws. As may be requested
from i e to time by the City, the Owner shaff provide the City with docuumnunion
id the materials removed, the quantity and the recycle of disposal destinations,
prop . e.
I in the event the Owner fags to perfonn the necessary n contemplated by this
within edays of being given written noticeby the City, the City i
authorizedto cause any maintenance necessary to be done and charge the entwe cost and
expense to the Owner, `including administrative cow,attorneys!fees and interest thereon at
the imam rate authorized by law from the date of the notice of expense until paid in fidl.
4The City y require the Owner to post securitya form for a
to the City to parantee the perfbManC4e of the obfigationsherein. Should the Owner
fail to perform its obligations underthis Agreement, the City may, in the case of a cash
security depsit,act for the Owner using the proceeds from eh cash security, or in the caw
of a surety bond, requ" the surety to perforat the obligafionsof this Agreernent. As an
additional remedy, the City nay withdraw any previous stormwater related approval with
respect to the Property on which a Device has been installed until such tirne as the Owner
repays to the City its reasonable costs incurred in accordance with Section 3, above.
5. This Agreetnewshall be recorded in the Official Records ofthe Countyof San Berwdino at
the expense of the Owner and sW constitute notice to all succeswrs and assignsto the tide
to the Property of the obligations herein set forth. This Agreement shall also constitute a hen
aga4w the Property in such anmnt as wiH fully reimburse the City, including interest as
herein ve set foah, subject to foreclosure in event of default in payment,
In event of any wfionis conunenced to enforce or intetpret any ofthe tems or conditions of
this AWeement the prevaing partyshalL in addition to any costs and other relief be entitled
to the recovery of its reasonable attorneys!f (including fees for in-hmse counsel at private
rates prevailing in San BernardinoCounty).
7. It is the intent of the parties that the burdensfits herein undertaken shall constitute
covmwas that Property and shall constitute a hen against the pro
VA -Wf Ms
. The obligations herein undertaken shall be butding n the hars, successors, executors,
administrators and msips of the parties hereto. The t "Owner"sW include not only the
Owner,but also its heirs,successors,executors,adininistrators and assigm. The Owner shall
notify any successor to title of aH or part of the Property about the existence of this
Agreenient. The Owner sW provide such notice prior to such successor obtaining an
interest in all or part of the Property. The Owner shafi provide a copy of such notice to the
City at the sanie time such notice is provided to the wocessot
. Time is of the essencein the perf6mmice of this Agreement.
Any notice to a party required or called for in this Agreement shaU be served in person,or by
deposit in the U.S.Mail, st class postage prepaid,to the address set forth below. Notice(s)
be deeined effective upon receipt, orseventy-two 72hours after deposit in the U.S.
whichever is earher. A party may change notice addrmonly by providingnt
notice thereof to e other party.
CITY OWNER
Public Works Director RQ,,%Mflas DeVC10DInent LLC
City of Redlands P.O. Box 6306
PO Box 3005 Beveriv Ms. CA 91212
Redlands, CA 92373
M�
11. This Agreement represents the enfire agrement of the parties hereto as to the matters
contained herein and supersedes any and aH prior written or vetW agreements between the
parties as to the subject matter hereof
12. This Agreement shA be governed by and construed in accordance with the laws of the State
f California.
1 . Any antendment to this Agwmerd shall be in writing and approvedby the City CouncH of
City and signed by City and Consultant.
WHEREOF,IN WITNESS the parfies hereto have affixed their signatures f
written above.
CITY OF REDLANDS OWNER:
N.
/-S 4 1. , - ° Owner
Rowww Development, c Q 2 .
.Attest:
�Y
,,R L EV
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 August 11, 2005,
2005, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the
City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer { XI 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.
WITNESS my hand and official seal.
C�
LORRIE POYZER, CITY CLERK
1888
B
., y:
Doatrice Sanchez, Deputy City Clerk
j ORIA N\�
"knili fill'O" (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 Access and Mtce Agreement
Date of Document: August ll, 2005
Signer(s) Other Than Named Above: Youssef H. Amin, Owner, Rosevillas Development
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
JJ State of California '
1 ss.
County of �>
On MIAbefore me, CL i m,p G—b Moroi
P Date Name and Title of Officer e.
I � ( g.,"Jane Doe,Notary Public")
personally appeared �I.t.S S e 4—o � {L�(�� �
Name(s)of S,gner(s)l
,Llper Ily known to me
r..
proved to me on the basis of satisfactory
evidence
to be the person(, 4ose namei are
FAHIMEH ZOMORODIAN subscribed to the within instrument'and
f<I Commission#1480621 1 acknowledged to me th he/ he/they executed
Notary Public-California the same in his Q eir thorized
P Los Angeles County ca acit
My Comm.Expires Apr 21,2008 p Y( and hat by his/ er/their
signature( ) on the instrument the erson or
the entity upon behalf of which the person(
acted, executed the instrument.
r;
WITNESS my h n)d4 official seal.
i
Place Notary Seal Above Signature of Notary Public'
f
OPTIONAL
jr 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.
f; i5
Description of Attached Document —�
Title or Type of Document:
Document Date: 77
ES Number of Pages:
Signer(s) Other Than Named Above:
I
Capacity(ies) Claimed by Signer
Si
,
Signer's Name: _
❑ Individual glelgmr
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
C:] Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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�D 19%National Notary Association•9350 De Soto Ave_;PO Box 2402"Chatsworth,CA 91313-2402•www.nationaiaotary:org prod_No.5907 Reorder Cali Toll+,ee 1-904876-6827
EXHIBIT A
LEGAL T. E CR.IMON
SUB-LOT 2,IN LOT9,BLOCK 779OF THE RANCHOSAN BE INC1,IN THE
CITY OF REDLANDS,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, FLAT OF EAST REDLANDS, RECORDED IN
BOOK 7,PAGE 47,OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXECPTING TTIAT PORTION DESCRIBEDFOLLOWS:
BEGR4NING AT A POINT IN THE CENTER F THE CANAL, 43 FEET WEST
NORTHEAST CORNER OF SAID SUB-LOT 2;THENCE EAST 43 FEET; THENCE SOUTH
229 FEET TO THE S T CORNER OF SAID S 2,
THENCE WESTEPLY 197 FEET TO THE CES NCE IN A
NORTBEASTERLY DIRECTIONALONG
OF BEGMMG,LYING SOUTH AND EAST OF THE CENTER OF SAID CANTAL,
GRANTED TO MRS. MARGARET E. LOVE IN BOOK 123S,
RECORDS OFS
S � SS .
WICKIZER, ET, .,BY DEED REDORDED DECEMBER18, 1953 3295
505 OFFICIAL RECORDS OF SAID COUNTY,
_ A 7