HomeMy WebLinkAboutContracts & Agreements_208-2006_CCv0001.pdf Recorded in Official Records, County of Sam Bernardino $111>'2006
LARRY WALKER 3:16 PM
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Auditor/Controller — Recorder LMJ
RECORDING REQUESTED BY 01
AND WHEN RECORDED MAIL TO: R Regular Mail
7 DOC#: 2006—0620469 Titles: 1 Pages: s
CITY CLERK
CITY OF REDLANDS Fees a,aa
PO BOX 3005 Taxes a.6a
REDLANDS,CA 92373 Other 0.00
FEES NOT REQUIRED PAID $0.e0
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)
Portions of 168-041-32 and 168-041-31
THIS AGREEMENT is made and entered into this 28tWay of August, 2006, by
and between Redlands Aviation, hereinafter referred to as "Lessee," and the City of
Redlands, a municipal corporation, hereinafter referred to as "City."
RECITALS
WHEREAS, Lessee leases certain real property from the City located at the
Redlands Municipal Airport ("Property") that is more specifically described in Exhibit "A,"
attached hereto and incorporated herein by this reference; and
WHEREAS, at the time of approval of Lessee's development project known as
A7.9Aircraft Hangars- Phases 4 5 & 6 (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 Lessee has chosen to install a
combination of infiltration trenches and subsurface infiltration tanks
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 the Property
and draining the Property are private facilities of Lessee with all maintenance or
replacement therefore being the sole responsibility of the Lessee; and
WHEREAS, Lessee is aware that periodic and continuous maintenance including,
but not necessarily limited to, filter material replacement and sediment removal is required
to assure performance of the Device and other control measures and that such
maintenance activity will require compliance with all Federal, State and local laws and
DJMIAgreements/AGREEMENT-2 1
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 Redlands Aviation agree as
follows:
AGREEMENT
1 Lessee hereby provides 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 Lessee's
expense as provided for in Section 3, below. City shall make every effort at all
times to minimize or avoid interference with Lessee's use of the Property when
undertaking such repairs.
2. Lessee shall diligently maintain the Device and other control measures in a manner
assuring performance at all times. All reasonable precautions shall be exercised by
Lessee and Lessee'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 City, Lessee shall provide City with documentation identifying
the materials removed, the quantity and the disposal destinations, as appropriate.
3. In the event Lessee fails to perform the necessary maintenance contemplated by
this Agreement, within five (5) days of being given written notice by City, City is
authorized to cause any maintenance necessary to be done and charge the entire
cost and expense to Lessee, 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.
4. City may require Lessee 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
Lessee fail to perform its obligations under this Agreement, the City may, in the
case of a cash security deposit, act for Lessee 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 Lessee 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
DJM/Agreements/AGREEMENT-2 ?
a
fully reimburse City, including interest as herein above set forth, subject to
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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).
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 an equitable
servitude 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 "Lessee"
shall include not only Lessee, but also its heirs, successors, executors,
administrators and assigns. Lessee shall notify any successor to title of all or part of
the Property about the existence of this Agreement. Lessee shall provide such
notice prior to such successor obtaining an interest in all or part of the Property.
Lessee shall provide a copy of such notice to 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.
CITY LESSEE
Public Works Director Jim Ott
City of Redlands Redlands Aviation
PO Box 3005 1745 Sessums Drive Suite170
Redlands, CA 92373 Redlands CA 92374
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
MM/Agreements/AGREEMENT-2
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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 LESSEE:
Jon Harrison, Mayor
AWOtt, Manager/Partner
Attest:
Lorr,ie Poyzer/, /' i�y Clerk
WMAgreementsiAGREEMENT-2 4
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 28, 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 I X{ personally
known to me - or - { } proved to me on the basis of satisfactory evidence to be the persons whose
narnes) 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.
CIOPPORA)"�$ (P iZ, LORRIE POYZER, CITY CLERK
0
1888
By:
'It/pt4\ Teresa Ballinger, AssistaiieCity Clerk
(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: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: August 28, 2006
Signer(s) Other Than Named Above: Jim Ott, Manager/Partner
CALIFORNIA JURAT WITH AFFIANT STATEMENT
State of California
County of S(;— 0 ss.
Attached Document (Notary to cross out lines 1-6 below)
L1 See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary)
Signature of Document Signer No.1 Signature of Document Signer No.2(if any)
Subscribed and sworn to (or affirmed) before me on this
--51 day of � �V D 6 by
DateMonth Year
0) -
Name of Signer
[7j Pers ly known to me
roved to me on the basis of satisfactory evidence
to be the person who appeared before me (,)
APEPKER (and
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NOtorY PUbUC-CaYm4
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Name of Signer
San Bernd�n0 County El Personally known to me
❑ Proved to me on the basis of satisfactory evidence
to be the rson who app red before me.)
Signature otary Public
Place Notary Seal Above
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. Top of thumb here Top of thumb here
Further Description of Any Attached Document
Title or Type of Document:_ �C.Pl1t
Document Date: /*76 dG_76L --________Number of Pages:_,
Signer(s)Other Than Named Above:
92004 National Notary Association•9350 De Soto Ave.,P-6.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary,org Item#5916 Reorder:Call Toll-Free 1-500-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION OF AREA TO BE IMPROVED
THAT PORTION OF THE EAST HALF OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LEASE PARCEL 2 AS PER THE LEASE
PARCEL DESCRIPTION ON FILE IN THE OFFICE OF THE CITY CLERK, CITY OF
REDLANDS, UNDER THE "MASTER LEASE AGREEMENT, REDLANDS MUNICIPAL
AIRPORT", AND AS SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 116 OF
RECORDS OF SURVEY, PAGES 61 AND 62, RECORDS OF SAID COUNTY; THENCE
SOUTH 89054'27"WEST ALONG THE SOUTH LINES OF LEASE PARCEL 2 AND LEASE
PARCEL 3,ALSO BEING THE NORTH RIGHT OF WAY OF SESSUMS DRIVE AS SHOWN ON
SAID RECORD OF SURVEY, A DISTANCE OF 312.00 FEET; THENCE NORTH 00°00'01"
WEST 440.01 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 13;
THENCE NORTH 89054'30" EAST ALONG SAID NORTH LINE A DISTANCE OF 312.00 FEET
TO THE NORTHEAST CORNER OF SAID LEASE PARCEL 2; THENCE SOUTH 00000'01"
EAST ALONG THE EAST LINE OF SAID LEASE PARCEL 2 A DISTANCE OF 440.00 FEET TO
THE POINT OF BEGINNING.
AREA: 137,282 SQ. FT.
PREPARED BY: A
MARK S. WHITMER, L.S. NO. 5535 . M AV,K S.
No. 5535
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OF GA
EXHIBIT "B"
LEGAL DESCRIPTION OF AREA TO BE IMPROVED
NORTH LINE LEASE PARCEL 2
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i 312.00'Li
NORTH LINE OF THE SOUTH HALF OF SECTION 13, 1
Ib TOWNSHIP 1 SOUTH, RANGE 3 WEST, S.B.M.
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LEASE PARCEL 2
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MARK S. WHITMER, L.S. N0. 5535MARK S `O
37 East Olive Avenue
Suite'C° WH�t41EQ gi
Redlands, Caiifomia
909.793.2257 DATE. V-yZ-nCa * No. 5535 SCALE: t'= 100'
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