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HomeMy WebLinkAboutContracts & Agreements_10-2007_CCv0001.pdf Recorded in Official Records. County of San Bernardino 1/23/2007 LARRY WALKER 10:45 AM ;Sox � Auditor/Controller — Recorder 4 #tip �. � R Regular Mail Doc#: 2007—0044113 Titles: 1 Pages: 11 Fees 0.00 Taxes 0.00 RECORDING REQUESTED BY 1 PAID $0.00 AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF REDLANDS PO BOX 3005 REDLANDS, CA 92373 FEES NOT REQUIRED PER kGOV RNME T"ODE UINIO N `10 SPACE ABOVE THIS LINE FOR RECORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number 294-051-03 THIS AGREEMENT is made and entered into this 16th day of January, 2007 , by and between Ben and Ellyn Childers, 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 Exhibit "A," which is attached hereto and incorporated herein by this reference; and SITETECH,INC. Water Quality Management Plan (WQMP) Childers Ranch—APN 9 294-051-03 City of Redlands, San Bernardino County WHEREAS, at the time of approval of the development project known as Childers Ranch,27300 Pilgrim Road,A.P.N. #294-051-03 for the Property,the City required the Project to employ on-site control measures to minimize pollutants in urban storniwater runoff; and WHEREAS, the Owner has chosen to install Retention Ponds, 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 SITETECH, INC. Water Quality Management Plan (WQMP) Childers Ranch—APN#294-051-03 City of Redlands, San Bernardino County 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 Ben and Ellyn Childers. agree as follows: AGREEMENT 1. 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 SITETECH,INC. Water Quality Management Plan (WQMP) Childers Ranch—APN#294-051-03 City of Redlands, San Bernardino County 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 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 SITETECH,INC. Water Quality Management Plan (WQMP) Childers Ranch—APN#294-051-03 City of Redlands, San Bernardino County 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). 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 SITETECH,INC. Water Quality Management Plan (WQMP) Childers Ranch—APN#294-051-03 City of Redlands, San Bernardino County 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. CITY OWNER Public Works Director Ben and Ellyn Childers City of Redlands 11668 Laurel Avenue PO Box 3005 Loma Linda, CA 92354 Redlands, CA 92373 SITETECH, INC. Water Quality Management Plan (WQMP) Childers Ranch—APN#294-051-03 City of Redlands, San Bernardino County 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. IN WITNESS WHEREOF,the parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: y, Jon Harrison, Mayor OWNER: Ben Childe6ers Attest: LorrieNyzer, C Cl rk 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 118 1, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on January 16, 2007, 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 seat. LORRIE POYZER, CITY CLERK By: � Beatrice Sanchez, Deputy Clerk(909)798-7531 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 TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Stormwater Treatment Device and Control Measure Access and ... Date of Document: January 16, 2007 Signer(s) Other Than Named Above: Ben and Ellyn Childers (owners) Water Quality Management Plan (WQMP) Childers Ranch-APN#294-051-03 City of Redlands, San Bernardino County CALIFORNIA ACKNOWLEDGMENTS Acknowledgment for Individual State of California County oMeo ' ctk .(here insert name), On ZW�� 42-1,a��o- before mem a Notary Public,personally appeareOt i--,k f-k1, vp C. . x) personally known to me (or proved to me on the basis of satisfactory vidence) to be the person(s)whose name(s)is/are subscribed to the within instrument 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), or the entity upon behalf of which the person(s) acted, executed the instrument. - - - - - - - - - - - - - WITNESS my w and official seal. "UY X SEEWXD co"WrAnjon#1i------ NOWY ®cam Xp7tary)thiblic RWOMWO Co^ Print Name:, he- My commission expires: Acknowledgment for Corporation State of California County of On before me, (here insert name), a Notary Public,personally appeared , personally known to me(or proved 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 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: 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) Childers Ranch—APN# 294-051-03 City of Redlands, San Bernardino County EXHIBIT A (Legal Description) ALL THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, SATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST ONE- QUARTER; THENCE SOUTH 570 FEET; THENCE NORTH 75DEG EAST, 436 FEET; THENCE NORTH 49DEG 50' EAST, 300 FEET; THENCE SOUTH 60DEG 22' EAST, 95 FEET; THENCE NORTH 12DEG 02' EAST, 191.4 FEET; THENCE NORTH 55DEG 18' EAST, 126 FEET TO THE NORTH LINE OF SAID ONE-QUARTER SECTION; THENCE WEST 916 FEET TO BEGINNING ,Nq EXPE .731 4yk". my rem f SITETECH, INC o p r �S z r Z A"161 3�OO,ZO.ZIt4 V N P� A ry o0 =wry C? 0 0 O � vpO n LO >- I Q 0) C) N Z O O O W ml Z CL C) 0 LO Q a Z �c L O wf a`f O +e \\\V N00'00'00"W 570.00'