HomeMy WebLinkAboutContracts & Agreements_239-2005_CCv0001.pdf Recorded in Official Records, County of San Bernardino 12/0212005
8:30 AM
LARRY WALKER
-y MPAuditorlGontroller — Recorder
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: R Regular Mail
CITY CLERK Doc#: 2005-0903894 Titles: 1 Pages: 11
CITY OF REDLANDS Fees 0.00
Taxes 0.00
PO BOX 3005 Other 0.00
REDLANDS,CA 92373 PAID $0.00
FEES NOT REQUIRED
SPACE ABOVE THIS LINE FOR RECORDERS USE PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s) CRA 198
292-381-4, 292-381-5, 292-381-6
THIS AGREEMENT is made and entered into this 28th day of Nov. 2005, by
and between PLUM LANE PARTNERS LLC A CALIFORNIA LIMITED LIABILITY
COMPANY, 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 Exlu`bit "A," which is attached hereto and incorporated herein by this
reference; and
WHEREAS, at the time of approval of the development project known. as
(the "Project")for the Property, the City required the Project to employ on-site control
measures to minimize pollutants in urban stormwater runoff, and
1
AWc=cnt&M=Agrrmto8I 105
WHEREAS, the Owner has chosen to install GRATE INLETS WITH FOSSIL
FILTERS, GRAVEL FILTER BLANKETS AND EARTH DRAINAGE SWALES,
hereinafter referred to as the "De-vice" 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 PLUM LANE PARTNERS
LL.C, A CALIFORNIA LIMITED LIABILITY COMPANY agree as follows;
AGREES T-
1. The Owner provides the City and its designees-with full riot of access to the
2
Agrecmcat&,M. aiaAgrmnt081105
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 at the Owner's
expense as provided for in Section 3, below. The City hall 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 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 in fiffl.
3
Agreemwt&/X1aiu:AX=t08I 105
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).
4
Agreanents/Main:Agm=081105
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 an 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.
.A.We=wtqMainAgnmt08II05
CITY OWNER
Public Works Director Plum Lane Partners, LLC
City of Redlands A California Limited Liability Company
PO Box 3005 2801 W. Coast Highway, Suite 200
Redlands, CA 92373 Newport Beach, California 92663
IL 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 hereto.
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 PLUM LANE PARTNERS, LLC,
A CALIFORNIA LIMITED
LIABILITY COMPANY
BY
DAVID C MANAGER
L
BY
M
us Peppler, May r S 1A�A MANAGER
#Peppler,
Attest:
Uor�fe Poyzer,,,/ qty Clerk 6
Agreements/Main:AgnmtO81105
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 November 28, 2005,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Susan Peppler 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
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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.
LORRIE POYZER, CITY CLERK
1888
By: J ` "
Teresa Ballinger, Assistant C#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: November 28, 2005
Signer(s) Other Than Named Above: David Clark and Sohrab Charna
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
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On a before me,
Date Name and Title of Officer W.g,,'Jane Doe,11talublic")
personally appeared l� C S VC's.-
Name(s)of Signer(s)
roved to me on the basis of satisfactory
evidence
to be the person('0 whose name `s:/;;w
subscribed to thi§ within instruZenCt and
SYLVIA ADLER acknowledged to m he/ # executed
COMM...1366280 0 the same in hishorized
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capacity(i��), and that by his
ORAWE COUNTY G)
My Term Exp.AUGUST 13,2006 signature($) on the instrument the person or
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acted, executed the instrument.
WITNESS my ha a offici I L
Piece Notary Seal Above elly,117,ule ol N?3 _ MIC
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 L his' form r tp aVother documer�l
Description of Attached Document
Title or Type of Document: lsrcl�_Vl,
Document Date: Number of Pages:
Signer(s) Other Than Named Above: S);:_s
Capacity(les) Claimed by.Sig
Signer's Name:
I] Individual Top of thumb here
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0 Partner—El Limited EI General
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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HELEN KAZANCHYAN � acknowledged to me that he/she/they executed
NOTARY PUBLIC-CALIFORNIA
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OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
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Description of Attached Document
Title or Type of Document: —
1
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual - Top of thumb here
❑ Corporate Officer—Title(s):
EJ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
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❑ Guardian or Conservator ;
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❑ Other:
11 Signer Is Representing: --__— –
0 1999 National Notary Association 1 9350 Do Soto Ave.,P.6,Box 2402 Chatsworth,CA 91313-2402 wvrx.natwnalrrotary.org Prod.No.5907 Reorder;Call Toll-Free t-800-876-6827
EXHIBIT A
Legal Descxi_p-Ci
LOTS 4. 5 AND 6 OF TRACT 12419, IN THE CITY OF REDLAND . COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN
BOOK 175 OF MAPS, PAGES 22 AND 23, RECORDS OF SAN BERNARDINO
COUNTY.
Uzvc
PLAT MAP OF BOUNDARY
FOR
PLUM LANE BUSINESS PARK
REDLANDS, CALIFORNIA
W.W134*54 oft. 564-00'
186.00,
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PUBLIC WORKS DEPARTMENT
E DS Engineering Administration Division
—k PAN MEMORANDUM
TO: Lorrie Poyzer, City Clerk
FROM: Tom T. Fujiwara, Assistant Public Works Director
THROUGH: Ronald C. Mutter, Public Works Director
DATE: November 22, 2005
SUBJECT:
L)BJECT: Stormwater Treatment Device Access and Maintenance Agreement for
CRA No. 798 - On Plum Lane Between Idaho and Orange Tree Lane
APN 0292-381-04, 05, 06
Attached is a signed and notarized original of the Stormwater Treatment Device Access and
Maintenance Agreement for CRA No. 798 project located on Plum Lane between Idaho Street and
Orange Tree Lane. As authorized by Resolution No. 6394, adopted by City Council on May 17,
2005, please have the Mayor and City Clerk execute the Agreement and have it recorded. Please
forward a copy of the recorded Agreement to the Public Works Department for our records.
TTF:tf
FILE: CRA NO 798