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HomeMy WebLinkAboutContracts & Agreements_9-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 1/0412006 = LARRY WALKER 2:48 PM " SW Auditor/Controller — Recorder RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: R Regular Mail Doc#: 2006—0006630 Titles: 1 Pages: 10 CITY CLERK Fees 0.00 CITY OF REDLANDS � Taxes 0.00 PO BOK 3005 f Other 0.00 REDLANDS,CA 923-3 I i 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 Assessor's Parcel Number(s) 167-261-66 167-261-67 THIS AGREEMENT is made and entered into this 23rd day of December,2005by and between Javier Garcia, 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 1239 & 1.241 Tribune Street, 4 Unit Complex (the "Project") for the Property, the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff, and Agreements/0402700 1221 WOMP Maint Agreement.wpd 1 WHEREAS,the Owner has chosen to install a Storm Water Pollution Prevention System that includes a catch basin, 12-inch storm drain pipe, lift station, 8-inch force main and under sidewalk structure with pollution treatment element,and any future catch basins,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 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 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: Agreements/0402700 1221 WQMP Maint Agreementmpd 2 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 perforin 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. Agreements/0402700 1221 WQMP Maint Agreementwpd 3 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). Agreements/0402700 1221 WQMP Maint Agreementmpd 4 7. It is the intent of the parties that the burdens and benefits herein under-taken 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 th U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s)shall be deemed effective upon receipt, or seventy-t',vo(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. OWNER CITY Javier Garcia Public Works Director 1201 Tribune Street, Apt. A City of Redlands Redlands, CA 92374 PO Box 3005 Redlands, CA 92373 Agreements,'0402700 1221 WOMP Maint Agreementwpd 5 11. This Agreement represents the entire agreement of the parties hereto as to the matters "n 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: Mayor, Jon HarrisonJ"i r Garcia, Owner Attest: '0- Louie/poyzer, L le Agreements/0402700 1221 WOMP Maint Agreementwpd 6 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 28, 2005, 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 I Xj personally known to me - or - f 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. "'A ori LORRIE POYZER, CITY CLERK By: Teresa Ballinger, Assistant Clay C-er V mt (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 Principals) Trusiee(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 Date of Document: December 23, 2005 Signer(s) Other Than Named Above-, Javier Garcia, Owner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Kl­ State of California County of On--bf 7C.41EA 12V& /A before me "0-" , P2 /97 -1 A Aea 7" ................ Date NAnne and-ritie of Ofter(e.g­"Jane Doe,Notary Public') personally appeared -------------- Cl personally known to me -� proved to me on the basis of satisfactory evidence MARY A.ARUTA to be the personal whose name(s) is/tee CcxnmW1on#1466M7 Nolim Pubic-CdMoeft subscribed to the within instrument and SCM 86MOKOW COU* acknowledged to me that he/s4&f4l4&y executed the same in his/Uw4their authorized my Convn.Expkes Jon 29, the and that by his/f w#he+r signatures}on the instrument the person(s), or f the entity upon behalf of which the person(.6) acted, executed the instrument. WITNES my hand and official seal. 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:-------------—--------—------------ Document Date: —-------------------------- —------------ —----- Number of Pages:—------- Signer(s)Other Than Named Above:------ Capacity(ies) Claimed by Signer Signer's Name:.___, ----—----- V[Cm �cw-jt Cl Individual lop of thumb here L] Corporate Officer - Title(s):­­- ------- n Partner - 17 Limited Ej General F1 Attorney-in-Fact Trustee 7 Guardian or Conservator L,, Other: Signer Is rc 1999 Natonai Notary Association-9350 De Soto Ave-.P-6_Box 2402-Chatsworth,CA 91313-2402 nato lnolay or9, Proof No 5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" (Legal Description) PARCEL That certain Parcel of Land, further described as Parcel 1, conveyed to Hermelinda Ruiz by Deed recorded July 13, 2004 as Document No. 2004-0495120, official. records of San Bernardino County, State of California, excepting streets and described as follows: That portion of the North '/2 of the East '/a of the East '/2 of the Northwest 1/4 of the Southeast 1/4 of Section 22, Township 1 South, Range 3 West, San Bernardino Meridian, in the City of Redlands, County of San Bernardino, State of California, further described as follows: Commencing at the centerline intersection of Lugonia Avenue and Herald Street, said point being the Northwest comer of East '/2 of the East '/2 of the Northwest 1/4 of the Southeast 1/4 of said section; thence South 00'01'54" East along the centerline of Herald Street, 180.00 feet; thence North 89'35'46" East parallel with the centerline of Lugonia Avenue, 163.79 feet; thence South 00'00'28" West, 5.00 feet-, thence North 89°36'19" East, 10.00 feet to the True Point of Beginning: Thence continuing North 89'36'19" East, 144.47 feet to a point which is 30.00 feet from the centerline of Tribune Street; thence South 00°00'21" East,parallel with the centerline of said Tribune Street, 63.25 feet; thence South 89°36'01" West, 144.49 feet; thence North 00'00'28"East,parallel with the centerline of said Herald Street, 63.26 feet back to the True Point of Beginning. APN: 0167-261-66 Area =0.21 Ac PARCEL That certain Parcel of Land, further described as Parcel 2, conveyed to Hermelinda Ruiz by Deed recorded July 13, 2004 as Document No. 2004-0495120, official records of San Bernardino County, State of California, excepting streets and described as follows: That portion of North '/2 of the East '/2 of the East '12 of the Northwest 1/4 of the Southeast 1/4 of Section 22, Township I South, Range 3 West, San Bernardino Meridian, in the City of Redlands, County of San Bernardino, State of California, further described as follows: Commencing at the centerline intersection of Lugonia Avenue and Herald Street, said point being the Northwest comer of East '/2 of the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of said section: thence South 00'01'54" East along the centerline of Herald Street, 180.00 feet; thence North 89'35'46" East parallel with the centerline of Lugonia Avenue, 163.79 feet; thence South 00'00'28" West, 68.26 feet; thence North 89°36'01" East, 10.00 feet to the True Point of Beginning: Thence continuing North 89°36'01" East, 144.49 feet to a point which is 30.00 feet from the centerline of Tribune Street; thence South 00°00'21" East, parallel with the centerline of said Tribune Street, 63.19 feet; thence South 89'35'33" West, 144.50 feet; thence North 00'00'28" East, 63.28 feet back to the True Point of Beginning. APN: 0167-261-67 Area =0.21 Ac f CITY OF REDLANDS COUNTY OF SAN BERNARDINO 00 SCALE: 1 "=40' - fC/L LUGONIA AVENUE- PER DOC NO . � TPOB 2004- 0495120 APN 0167-261-02 36' PARCEL 1 EXIST PL 3 � E W EXIST N89'36'19"E 144.47' �+ ALLEY x APN R w EXIST PL w w 0167-261-07 DO PARCEL 1 W z N o APN 167-261-66 N 'n O p N TPOB z INGRESS AND Q, PARCEL 2 EGRESS EASEMENT — o E S89'36' 1 w INGRESS AND °N° EGRESS EASEMENT00 rn N a, N p O r af APN o PARCEL 2 0 � I w 0167-261-10 z APN 167-261-67 0O x S89'35'33"W 144.50' N89'35'33"E EXIST PARCEL 3 10.00' ALLEY APN 167-261-68 RW--\ DRAINAGE -16 EASEMENT t- W Ln w WEi , Z O QROFESSAD G ec9`Fy EXHIBIT "A" w No. 14853 # Exp. 3-31-07 LEGEN c"` �F0 — — EXIST PROPERTY LINE OF' C — — — --- EXIST EASEMENT LINE PREPAR BY: EXIST PARCELI & 2 E G NEERING RESOU S OF THERN CALIFORNIA, INC.