HomeMy WebLinkAboutContracts & Agreements_214-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 11/27/2007
LARRY WALKER 11:50 AM
SH
NR�r AuditorlController — Recorder
RECORDING REQUESTED BY
R Regular Mail
AND WHEN RECORDED MAIL TO:
Qoc#: 2007—0666638 Titles: 1 Pages: 7
CITY CLERK !! Fees 0.00
CITY OF REDLANDS I Taxes 0.00
P.O. BOX 3405 ( Other 0.00
R.EDLAND , CA 92373 PAID $0.00
FEES NOT REQUIRED
SECTION 6103 N SPACE'AW)VE;TI IIS LINE IS FORTHE RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number
174-103-59
THIS AGREEMENT is made and entered into this 31 st day of August, 2007,
by and between Franklin Court,a general partnership("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
Exhibits "A" and "B" which are attached hereto and incorporated herein by this reference, and
WHEREAS, at the time of approval of the Owner's development project commonly. known as
Tract 13649 in Redlands and filed as Grading Plan #1956(the"Project"),the City required the Project
to employ on-site control measures to minimize pollutants in urban stonnwater runoff; and
WHEREAS,the Owner has chosen to install Infiltration Chambers (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
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 Franklin Court. 7
fellows: rt.a general partnership, agree as
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 Owner'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,
3• In the event the Owner fails to perform the necessary maintenance required b this
Ag
within thirty(30)days of being giv=en written notice by tl e City to do so, setting forth with
ent
specificity the action to be taken, the City is authorized' to cause any maintenance recess
to
be done and charge the entire cost and expense o the caner, 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 No. 174-103-59,and sha
be recorded in the Official records of the County o San Bernardino at the expense Il
Owner and shall constitute notice to all successors and assigns to the title to the Propertythe ofth
obligations herein set forth. This Agreement shall also constitute a lien against the Pr n
such amount as will fully reimburse the City, including interest as herein above set forth, m
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 ofthi
Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled s
recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by ahe
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 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 obligations which accrue prior to the
date of transfer by such owner, which shall remain the personal obligation ofsuch ow
r�er.
7. "Time is of the essence in the performance of this Agreement.
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S. 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)
r small be deemed effective upon receipt, or seventy-two (71
4) 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 Franklin Court Partnership
City of Redlands 1632 Garden Street
P.O. 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.
IN WITNESS WHEREOF,the Parties hereto have affixed their signatures as o the date first
written above.
CITY OF REDLAND : OWNER.
Franklin Court, a general partnership
/'Jon Harrison, Mayor
Brian T. King Mara General Partner
Attest.
Lor i( Poyzer,• i 'CC rk
I
3
AIA--PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO } SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1.181, of the California Civil Code, and
beforerne, 7'cresa. Ballinger, Assistant Cit California Government Code, on October 29, 2007,
Chapter 2, Division 3, Section 40814 of the
' g' , y Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City
(."Jerk,' Vii} personally known to me - or - 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.
y t IfIf!jI!!/Z WITNESS my hand and official seal.
00, I
' LORRIE POWER. CITY CLERK
a° > Ytp£
. e
838
By: e
"Teresa Ballin-er, Assistant C�Clerk-
(909)798-75-331
21—~--~~~~~~~
CAPACITY CLAIMED BY SIGNER(S)
{ } Individuals) signing for onesetUthemselves
{ } Corporate Officer(s)
Title(s)
Company
{ }
Partner(s)
Partnership
{ } Attorney--In-Fact
Principal(s)
}
Trustee(s)
Trust
{ x. I Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation.
-----------------------------------------------------------
THIS CERTIFICATE MUST BE ATTA( 'TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement, APN 174-103-59
Date of Document: August 31 . 2007
Signer(s) Other Than Named Above: Franklin Court, a general partnership by: Brian T. King
liana ing General Partner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
� State of �
e7
if Countyof
On L1�
S Lc-rbefore c met
,
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_ ) Name and 7me of Officer(e.g.,-Jane Doe Notary Public") i
personally appeared
ame(s}of Signers)
4
ersonally known to me
I.] proved to me on the basis of satisfactory evidence
M.FARMER to be the person(Vwhose name is/subscribed to the
within instrument and acknowledged to me that he
conxr"M* 1692961
- executed the same in hislf 0 uthorized capacity(iK,
- oy
smCQUW and that by his/Nklth`e signature(s) on the instrument the
MVComm.69:6 SWIM2014 personN, or the entity upon behalf of which the person
acted, executed the instrument.
( .
WITNESS my hand an al seal.
t
Signature of Notary Public
I Though the information below is not required by taw, it may �
y 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: � ` ' i
In
Document Date: `
Number of Pages:
Signer(s) Other Than Named Above:aci
p
I
7
Ca ty(ies) Claimed by Signer(s)
I Signer's Name Signer's Name:
Lj Individual
Ei Corporate Officer L.] Individual]
}tle(s): LCorporate Officer
`c artner—1.1 Limi Title(s):
eneral E1 Partner—[_1 Limited I.] General
E] Attorney-in-Fact 1:3 Attorney-in-Fact
E.:1 Trustee 1-1 Trustee
Cl Guardian or Conservator - �'"
• - _j Guardian or Conservator
1.-1 Other: Top of thumb here - • -'-
Othe(. Tap of thumb here
,t
Signer Is Representing: Signer Is Representing:
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®1596 National Notary Association-8236 Hemmet Ave.,PO.Box 7184•Canoga Park,CA 913pg-7184 - � �
Prod.No.5907 Reorder Call Toll-Free 1-BM876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL I:
ALL THAT PORTION OF LOTS 2 AND 7,BLOCK 10. IAP O, 1,OF A PORTION OF REDLANDS HEIGHTS,IN THE CITY
OF REDLANDS,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER M- AP RECORDED IN BOOK 5 PAGE 74
OF MAKINTHE OFFICE OFTHE COUNT Y RECORDER OF SAID COUNTY DESCRIBED AS A WHOLE AS FOLLOWS;
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 7;
THENCE NORTH 770 21'WEST,214.07 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 7:
THENCE SOUTF19� 13' 15"EAST, 181.19 FEET TO A POINT IN THE NOR THWESTERLY LINE OFTRACT NO,3604,HILTON
RIDGE SUBDIVISION,RECORDED IN BOOK 47 PAGE 86 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY;
THENCE NORTH 630 01'45" EAST, 12.00 FEET ALONG THE SAID NORTHWESTERLY LINE OF TRACT NO.3604TO AN
ANGLE POINT;
THENCE NORTH 89"58'30" EAST,249.50 FEET ALONG THE NORTHERLY LINE OF SAID TRACT NO. 3604 TO A POINT IN
THE NORTHEASTERLY LINE OF SAID LOT 2, BLOCK 10,MAP NO, I OF A PORTION OF REDLANDS HEIGHTS, ALSO
BEING THE NORTHEASTERLY CORNER OF LOT 17 OF SAID TRACT NO,3604;
THENCE NORTH 320 2V WEST, 149.75 FEET MEASURED AND SHOWN AS THE DISTANCE OF.SAID TRACT NO.3604
(DEED RECORD 148.38 FEET)TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
COMMENCING AT THE MOST WESTERLY CORNER OF LOT 8,BLOCK 10,MAP NO, I OF A PORTION OF REDLANDS
HEIGHTS ON THE SOUTHEASTERLY LINE OF 70 FOOT WIDE FRANKLIN AVENUE;
THENCE SOUTH 77c'20' 1 P:EAST,580,36 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 8 TO THE POINT OF
BEGINNING,
THENCE CONTINUING ALONG SAID LINE SOUTH 770 20' 15" E ST, 100.00 FEET;
THENCE SOUTH 03° EAST, 1151.65 FEET TO A POINT ON THE NORTHERLY LINE OF TRACT 3604.HILTON RIDGE
SUBDIVISION,RECORDED IN BOOK 47 PAGE 86 OFNIAPS.IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY,-
THENCE ALO NG SAID LINE SOUTH 89"5630" WEST,66.19 FEET.MORE OR LESS,TO AN ANGLE POINT IN THE
NORTHERLY LINE OF SAID TRACT.-
THENCE SOUTH 630 0145" WEST, 12.00 FEET:
THENCE NORTH 9- IT15" WEST, 181,19 FEET' TO THE POINT OF BEGINNING.
EARCEL1,
ALL THAT PORTION OF LOTS 8 AND 9.BLOCK 10.),4AP NO, I OF A PORTION OF REDLANDS HEIGHTS.IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA.AS PER MAP RECORDED IN BOOK 5 PAGE 74 OF MAPS,IN THE OFFICE
OF TI COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT T14E MOST WESTERLY CORNER OF SAID LOT 8 ON THE SOUTH EASTERLYLINE OF 70 FEET WIDE FRANKLIN
AVENUE,
THENCE SOUTH 770 221'45'EAST,260.00 FEET ALONGTHE SOUTHWESTERLY LINE 017 SAID LOT 8TO THE POINT OF BEGINNING:
THENCE SOU'l H 770 21'45"EAST,534.90 FEEL"TOTHE SOUTHEASTERLY CORNER OF SAID LOT 8;
THENCE NORTH 890 48'EAST,40.00 FEET:
THENCE NORTH 270 38-EAST, 130.00 FEET,
THENCE NORTH 120 19'WEST,90.62 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF FRANKLIN AVENUE;
THENCE NORTH 640 03'WEST,70.62 FEET,MORE OR LESS,TO THE NORTHEAST CORNER
OF LOT 6.TRACT NO.4125 IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO, PREPARED BY�
STATE OF CALIFORNIA.AS PER MAP RECORDED IN BOOK 52,PAGE 60 OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY:
TI-ENCESOUTH26FEET 22Y 15"EAST, 120 FEET TO THE SOUTHEAST COIF NER
OF SAID LOT 6,TRACT NO.4125:
THENCE NORTH 66.41'15" EST,430.66 FEET"ISO THE SOt ITHWEST CORNER
OF L(YF I.TRACT NO.4125, 'Ah
1"HENCESOU f-I 2_260 29`15"WEST,201,69 FEET 1-0 THE POINT OF BEGIN NING,
ell
EXHIBIT "B"
PLAT tNE OF LOT
'
MB 5/74
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PAIGE LANE j.
i 35` I PARCEL 1
P.03.
N27038'E 130.00'
c�4�q N89048'E 40,00' �?
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PARCEL I
aSE LINE OF LOT 8
° ca M6 5/74 a
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' , S26°29'15" 120°
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Nil LINE OF LOT
13� I ME 54
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RHONDA
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PARCEL 2 t s
u P.02.
41
N26029'15"E 201.69'
F 4d.1f2
0,"4,�"5
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SCALE: V=100' pg M'
PREPARED BY:
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THIS PLAT IS ONLY AN AID IN LOCATING
THE PARCEL DESCRIBED IN THE .. Y.=
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ATTACHED DOCUMENT.ENT. IT IS NOT A PART H P, ING, CIVIL ENGINEER DATE
GE THE WRITTEN DESCRIPTION HEREIN. RCE 13537 exp, 3-31-09