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HomeMy WebLinkAboutContracts & Agreements_35-2007_CCv0001.pdf Recorded in Official Records. County of San Bernardino 2/20/2007 P�f LARRY WALKER 2:00 PM SH Auditor/Controller — Recorder p4/ R Regular Mail Dock 2007—0107847 Titles: 1 Pages: 10 Fees 0.00 Taxes 0.99 RECORDING REQUESTED BY Other 9.99 AND WHEN RECORDED MAIL TO: PAID $0.09 CITY CLERK CITY OF REDLANDS P.O. BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED SPACE ABOVE THIS IANE FOR RECORDER'S USE PER GOVERNM17NT CODE SECTI 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT (Assessor's Parcel Nos. 172-481-02) 6qA F,AS THIS AGREEMENT is made and entered into this 14ttlday of Feb. , 2007, by and between TirYand Grace Phelps_ ("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," 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 Brookside Ave Medical and Professional Building (the "Project"), 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 Pervious Pavement and Vegetated Swales (the "Devices") to minimize pollutants in urban stormwater 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 SITETECH, INC Water Quality Management Plan (WQMP) Brookside Ave. Medical and Professional Building City of Redlands, San Bernardino Countv 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 Tim and Grace Phelps agree as follows: AGREEMENT 1. 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 OAmer'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. SITETECH, INC Water Quality Management Plan (WQMP) Brookside Ave. Medical and Professional Building City of Redlands, San Bernardino County 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. 172-481-02, 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 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, i--cluding 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 W 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 SITETECH, INC Water Quality Management Plan (WQMP) Brookside Ave. Medical and Professional Building . City of Redlands,. San Bernardino County 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 Tim and Grace Phelps City of Redlands P.O. Box 7792 PO Box 3005, Redlands, CA 92373 Redlands, Ca. 92373 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. SITETECH, INC Fater Quality Management Pian (WQMP) Brookside Ave. Medical and Professional Building City of Redlands, San Bernardino County IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date first ,,witten above. CITY OF REDL NDS: OWN Jo Harrison, Mayor Tim P 1ps , o ner Grace,; h 1ps, owne Attest: Lorrie Poyzer,,-Iff ityAc rk �j SITETECH, INC 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 February 14, 2007, 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 - 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 sea]. E LORRIE POYZER, CITY CLERK QA '4 B y Teresa Ballinger, Assistant Ary-�('Ierk ----------------------------------------------------------------- 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 'I"O THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Storinwater Treatment Device and Control Measure Access and Maintenance Agreement, APN 0172-481-02 Date of Document: February 14, 2007 Signer(s) Other Than Named Above: Tim and Grace Phelps, Owner Z!, Water Quality Management Plan (WQMP) Brookside Ave. Medical and Professional Building City of Redlands, San Bernardino County CALIFORNIA ACKNOWLEDGMENTS Acknowledgment for Individual State of California 4 County of�31��1 X1 0 On 'i before me, o' ert name), a Notary Public, personally appeared Q , p &y =cribedto e on a as c o 1 en to be the person(s) whose names) is/are suthe withininstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),Qr the entity upon behalf of which the person(s) acted, executed t in ent. I S my hand offici se4l. a�nAr�oa- ( "I Q Commission# 1579968 Notary Public-California �. San Bernardino County a Print Name: My Comm.Expires Jun 14,2004 My commission expires: �1;; -'k�-k --m Acknowledgment for Corporation State of C fore' County ofGt w1' �n,� On I - 13- before me A NJI ,',S (here insert name a Notary Public, personally appeared ( ��� ISS >�L1.1 kftovv"e (or proved to me on the basis of satisfactory evidence)to be the persol1w whose name(x) is/ e subscribed�0 the within instrument and acknowledged to me t h /sheAhey executed the same in I sXl�e eir authorized capacity, and that by his hee heir signatur" on the instrument the person0j, or the entity upon behalf of which the person�o acted, executed the instrument. WITNESS my hand and official seal. ago t, Notary PubliComyogm1626183 Print Name: My commission expires. ` 2 - 0!) Eel REFERENCE: CIVIL CODE SECTION 1180-1207 California Cal. Civ. Code § 1180-1207 (1999) Proof and Acknowledgement of Instruments SITETECH, INC Water Quality Management Plan (WQMP) Brookside Ave. Medical and Professional Building City of Redlands, San Bernardino I ardino County EXHIBIT A leg- al Description) Brookside Ave. Medical and Professional Building APN 172-481-02 All that certain real property situated in the County of San Bernardino, State of California, described as follows: That portion of Lot 3, Block 26, West Redlands, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 9 of Maps, page 22, records of said County, described as follows: BEGINNING at the Northwest corner of said Lot 3; Thence Southerly along the Westerly line of said Lot to the Southwest corner of said Lot; Thence along the Northerly line of Brookside Avenue, North 560 20' East 134.7 feet; Thence North 20 40' West 177 feet to the South line of Alder Avenue; Thence along the South line of Alder Avenue, South 890 43' West, 146.23 feet to the point of beginning. Together with that portion of Brookside Avenue as shown on Map of West Redlands (formerly Terracina), as per plat recorded in Book 9 of Maps, page 22, records of said County, being more particularly described as follows: The Northerly and Northwesterly 12 feet of said Brookside Avenue, from the Southeasterly prolongation of the Northeasterly line of Railroad Avenue, now known as Bellevue Avenue, Easterly to the Southerly line of the Easterly prolongation of Alder Avenue, now known as Barton Road; said abandoned portion of Brookside Avenue lies adjacent to the Southerly and Southeasterly line of Block 26 of aforesaid West Redlands (formerly Terracina). Excepting that portion of the above described abandonment lying Northerly of the Easterly prolongation of the South line of the North 10 feet of Lot 3, Block 26 of the aforesaid Subdivsion. SITETECH, INC Water Quality Management Plan (WQMP) Brookside Ave. Medical and Professional Building City of Redlands, San. Bernardino Countv Also SAVING AND EXCEPTING the North 10 feet of the above Described property as conveyed by James O. Rash and 011ie M. Rash, to the county of San Bernardino by deed dated February 23, 1995 and recorded March 18, 1995, in Book 3595, page 525 Official Records. S1TETECH. NTC N N 8942'04" W 146.23' 0 O N O Ili to rrt i .i �Y rn I v 1 N -P ��►. N 33'41'29" W 10.00' -10 N 33'41'29" W 10.00' .s IJ,G� a s f w� kA, a;SN� BOUNDARY PLAT 1*=40'