HomeMy WebLinkAboutContracts & Agreements_237-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 10/23/2006
LARRY WALKER 2:53 PM
SH
wiNxi * Auditot/Controller — Recorder
RECORDING REQUESTED BY `
AND WHEN RECORDED MAIL TO: � R Regular Mail
Doc#: 2006-0722221 Titles: 1 Pages: 10
CITY CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
PO BOX 3005 other 0.00
REDLANDS,CA 92373 PAID $0.00
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT
APN 167-071-04, 05, 17; 167-0411-13, 17; 291-171-07, 12
THIS AGREEMENT is made and entered into this 16th day of October, 2006 , by
and between Beazer Homes 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
Tract No. 16390 (the "Project") for the Property, the City required the Project to employ on-site
control measures to minimize pollutants in urban stormwater runoff; and
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Agreements/Maint Agrmnt
WHEREAS, the Owner has chosen to install Vortechnics Unit and vegetative swa es,
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 within a future public
park area and draining both public and private property, are private facilities with all
maintenance or replacement therefore 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 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 (the "Owner") 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
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.
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Agreements/Maint Agrmnt_Rev
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
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).
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Agreements/Maint Agrmnt_Rev
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
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.
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Agreements/Maint Agrmnt_Rev
CITY OWNER
Public Works Director Darius Fatakia
City of Redlands Beazer Homes
PO Box 3005 1100 Town & Country, Suite 100
Redlands, CA 92373 Orange, CA 92868
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 OWNER:
J tri ► Mavor (Name, it
DARIUS FATS A, PE.
Attest: VICE PRESIDENT-DEVELOPMENT
ORANGE DIVISION
Lorrie Poyzer, Ci
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 16, 2006,
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 - { } 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.
\\1111111[111p WITNESS my hand and official seal.
RED
C)
LORRIE POYZER, CITY CLERK
(P S
88 13y:
P...,.$ Teresa Ballinger, Assistant CityTlerk
I f:oVk (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthernselves
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 167-071-04, 05, 17; 167-041-13, 17; 291-171-07, 12
Date of Document: October 16, 2006
Signer(s) Other Than Named Above: Darius Fatakia, P.E. Vice President-Development; Beazer
Homes
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
ss.
County of Orange
On October 6, 2006 before me, Tricsha Villalta,Notary Public, personally
appeared Darius Fatakia,
)(personally known to me
❑ proved to me on the basis of satisfactory evidence
tRtc`►�L.AL�
Commission#1495088 to be the person(s) whose name(s) is/are subscribed to the to the
92. Notary Public-Coffomia with in instrument and acknowledged to me that he/she/they
Orange County
My Comm.Expires Jun 17.2 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.
Wit ss my han and official seal.
Not public in and for said State
Optional
Though the information below is not required by law,it may prove valuable to prepare 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: WQMP Agreement
Document Date:
Signer(s) Other than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ IndividuaI
❑ Corporate Officer- Title Above:
❑ Partner- ❑Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Beazer Homes Holdings Corp.
EXHIBIT"A"
BEING A PORTION OF SECTION 15, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT 16390, ALSO BEING A POINT ON THE NORTHERLY
RIGHT-0F-WAY LINE OF PIONEER AVENUE;
THENCE ALONG THE BOUNDARY OF SAID TRACT THE FOLLOWING COURSES:
NORTH 00°10'29"WEST, 1286.45 FEET;
THENCE NORTH 89057'13"WEST,34.00 FEET
THENCE NORTH 00°02'4T'EAST, 1112.00 FEET,TO THE NORTHERLY MOST POINT OF SAID TRACT;
THENCE SOUTH 63°2I'13"EAST,785.10 FEET;
L 1.
THENCE SOUTH 81042'13"EAST,23.73 FEET; 1,
THENCE SOUTH 67°00'34"EAST,79.04 FEET;
THENCE SOUTH 62054'42"EAST,329.14 FEET; at
THENCE SOUTH 71049'15"EAST, 102.89 FEET;
THENCE SOUTH 77025'46"EAST,415.06 FEET;
THENCE SOUTH 61°23'33"EAST,51.61 FEET,TO NORTHEASTERLY CORNER OF SAID TRACT;
`7
THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT,SOUTH 00°15'25"EAST,404.91 FEET,
THENCE NORTH 89057'13"WEST,946.77 FEET;
THENCE SOUTH 00002'47"WEST,25.00 FEET;
THENCE SOUTH 89057'13"EAST,2.10 FEET;
THENCE SOUTH 00006'12"EAST, 1091.08 FEET;
THENCE SOUTH 88040'48"WEST, 109.06 FEET;
THENCE SOUTH 00058'48"WEST,89.10 FEET;
THENCE SOUTH 01'05'12"EAST, 104.43 FEET,TO NORTHERLY RIGHT-OF-WAY LINE OF PIONEER AVENUE AND
ALSO BEING THE SOUTHERLY BOUNDARY OF SAID TRACT;
THENCE ALONG SAID RIGHT OF WAY LINE,NORTH 89052'38"WEST,245.49 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE,NORTH 00°07'22"EAST,95.00 FEET;
THENCE NORTH 89052'38"WEST,21.35 FEET;
THENCE SOUTH 00007'22"EAST, 95.00 FEET, AND RETURNING TO SAID NORTHERLY RIGHT-OF-WAY LINE OF
PIONEER AVENUE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 89°52'38" WEST, 285.83 FEET, TO THE POINT OF
BEGINNING
CONTAINING 45.98 ACRES,MORE OR LESS. SEE EXHIBIT"B"ATTACHED HERETO