HomeMy WebLinkAboutContracts & Agreements_278-2006_CCv0001.pdf Recorded in Official Records,County of San Bernardino 12/1912006
LARRY WALKER N CC Pm
Auditor/Controller — Recorder
RECORDING REQUESTED BY 14� R Regular Mail
AND WHEN RECORDED MAIL TO:
DOC#: 2006—0874032 Titles: 1 Pages: 11
Fees 0.00
CITY CLERK I Taxes 0.00
CITY OF REDLANDS Other 0.00
PO BOX 3005 ( PAID $0.00
REDLANDS,CA 92373
FEES NOT REQUIRE
PER GOVERNMENT CODE
SECTION 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT
APN#176-053-11
THIS AGREEMENT is made and entered into this 12th day of December, 2006 , by
and between Sun Marchant hereinafter referred to as "Owner," and the City of
Redlands, a municipal corporation,hereinafter referred to as "City_"
RECITALS
WHEREAS, the Owner awns real property ("2579 Sunset Drive") in the City specifically
described in Exhibit "A" and Exhibit 112311, which is attached hereto and incorporated herein by
this reference; and
WHEREAS, at the time of approval of the development project known as
"1579 Sunset Drive" 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/Redlands Faint Agrmnt.rtf
WHEREAS, the Owner has chosen to install a Cultec Recharger 330,
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 Sun Marchant agree as follows:
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Agreements/Redlands Maint Agrmnt-rtf
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
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in full.
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
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Agreements/Redlands Maint Agrmnt.rtf
counsel at private rates prevailing in San Bernardino County).
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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CITY OWNER
Public Works Director Sun Marchant
City of Redlands 6774 Landiziano Placel
PO Box 3005 Rancho Cucamonga, CA 91701
Redlands, CA 92373
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.
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Agreements/Redlands Maint Agrmnt.rtf
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS OWNER:
Harrison, Mayor (Sun Marchant, Owner)
Attest:
Lorrlp-'oyzer,Cr�ty,(Ier
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 11 S 1, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on December 18, 2006,
before me, Beatrice Sanchez, Deputy 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.
WITNESS my hand and official seal.
- P
LORRIE POYZER, CITY CLERK
%
ORA (
By:
A Beatrice Sanchez, Deputy Clerk
IFO%-,\- -\\\, 0
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individuals) signing for oneselUthemsel-es
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: December 12, 2006
Signer(s) Other Than Named Above: Sun Marchant
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Count ofEIPn/�h2�iWd ss.
Y
On m J y 44 , Ltn' G' before me, LA re LA Jy0 rH 0--✓, rVy FY'W V
Dat6 Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared
Name(s)of Signor(s)
❑ personally known to me
roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
a m s d he/she/they executed the same in his/her/their
S. S. KURUNATHAN authorized capacity(ies), and that by his/her/their
Commission# 1378296
signature(s) on the instrument the person(s), or the
Notary Public - California
San Bernardino Coentity upon behalf of which the person(s) acted,
County
My comm.Expires Oct 5.2006 executed the instrument.
WITNESS ►�dffic� "seal.
Place Notary Seal Above ��� -
Signature of Notary Public
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: —7
Document Date: y C? �913 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
:D Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
• Partner—[_=1 Limited E] General 11,00116MR, ❑ Partner—[:::.1 Limited ❑ General
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact To of thumb here
❑ Trustee f.:_i Trustee p
E-1 Guardian or Conservator C::] Guardian or Conservator
Ell Other: E-11 Other:
Signer Is Representing: Signer Is Representing:
O 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Calf Toll-Free 1-800-876-6827
EXHIBIT "A"
DISCRIPTION OF PROPERTY
Real Property Located in the City of Redlands, County of San Bernardino, State of
California, describe as follows.
Lot 7, Block 19, of Smith's Subdivision No. 5, In the Citv of Redlands, County of
San Bernardino, State of California as shown on map recorded in book 15, page 35
of snaps, in the office of the county recorder of said county.
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SCALE = 1 " - 60' 11 /16/05
EXHIBIT B
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LOT 7 BLK 19 SMITH SUB NO.5 —
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R.P.N. 0176-053-11 0' I
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3 ACREAGE BEFORE DEDICATION
I 1.59 ACRES
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;�• 69,228 SO. FT,
ACREAGE AFTER DEDICATION
1.58 ACRES
68,811 SO. FT.
N89°46'00"E
20.10'
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N89.18'06"W 140.00'_/,, N °
WRIGHT MAPPING, INC.
P_0. BOX 2745 = AREA OF DEDICATION
DOWNEY, CA. 90242 417 SQ. FT.
(562) 862-9757
THOMAS M. BOSSERMAN L.S. 7328