HomeMy WebLinkAboutContracts & Agreements_55-2009_CCv0001.pdf Recorded in Official Records, County of San Bernardino 411612009
4:11 PM
PLEASE COMPLETE THIS INFORMATION �A�LARRY WALKER SO
RECORDING REQUESTED BY: DANeB9lNUt Auditor/Controller — Recorder
. �
Municipal Utilities Engineer � R Regular flail
City of Redlands
Doc#:LL 2009—0161582 Titles: 1 Pages: 11
AND WHEN RECORDED MAIL TO: jjjjI Fees 0.06
CITY CLERK �� Taxes 0.00
CITY OF REDLANDSI I ether 0.00
PO BOX 3005 i i ( PAID ge.a6
REDLANDS CA 92373
FFES NOT REQUIRED SPACE ABOVE FOR RECORDER'S USE ONLY`
PER GOVERNMENT CODE
SECTION 6103
t
i
Sotrmwater Treatment Device/Control Measure Accesss and Maintenance Agreement-171-011-57
Title of Document `s
o D o P(Do D
D 0 D D 0 C(D ]
tT
0 Lly
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev. 1/07:dt) (S:/Master Form s/Examining/Doe Cover Sheet)
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0171-011-57
This agreement is made and entered into this 7th day of April, 2009, by and between
Environmental Systems Research Institute ("ESRI") and the City of Redlands, a municipal
corporation ("City"). ESRI and the City are sometimes each individually referred to herein as a
"Party"and, together, as the "Parties."
RECITALS
WHEREAS, ESRI has entered into a common use agreement for real property
("Property") in the City, which is specifically described in Exhibits "A" and "B," and which are
attached hereto and incorporated herein by this reference; and
WHEREAS, at the time of approval of the development project commonly known as
"Precise Grading and Paving Plan for Parking Lot South of Mission Channel between Tennessee
Street and New York Street" and filed as CRA 825 REVS (the "Project"), the City required the
Project to employ on-site control measures to minimize pollutants in urban stormwater runoff,
and
WHEREAS, ESRI has chosen to provide catch basins, efficient irrigation, storm drain
signage, inlet trash racks and porous pavers (the "Devices") to minimize pollutants in urban
stormwater runoff; and
WHEREAS, the Devices will be installed in accordance with plans and specifications
approved by the City; and
WHEREAS, the Devices are being installed on the Property with all maintenance or
replacement of the Devices being the sole responsibility of ESRI; and
WHEREAS, ESRI 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 ESRI agree as follows:
AGREEMENT
1. ESRI hereby provides the City and its designees with full right of access to the Devices
and to the Property in the immediate vicinity of the Devices (a) at any time, upon
reasonable notice of not less than forty eight (48) hours-, or(b) in the event of emergency,
as determined by City's Municipal Utilities and Engineering Director with no advance
notice; for the purpose of inspecting, sampling and testing of the Devices, and in cases of
H,'0ev1WQMP Agreement w-ESRI NY Parking Lot Final 3-23-Mdoc
emergency, to undertake all necessary repairs or other preventative measures at ESRI's
expense as provided for in Section 3, below. The City shall make every effort at all times
to minimize or avoid interference with ESRI's use of the Property when undertaking such
inspections and repairs.
2. ESRI 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 ESRI and ESRI'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, ESRI shall provide the City with documentation identifying the
materials removed, the quantity and the location of disposal destinations, as appropriate.
3. In the event ESRI 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 actual cost and expenses incurred by the City
to ESRI, including reasonable administrative costs, attorneys' fees and interest thereon at
the maximum rate authorized by law, twenty (20) days after ESRI's receipt of the notice
of expense until paid in full.
4. 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, Including fees for the use of in-
house counsel by a Party.
5. Time is of the essence in the performance of this Agreement.
6. 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 except for service of notice of legal process which
shall be served in accordance with the laws of the State of California. A Party may
change notice address only by providing written notice thereof to the other Party.
CITY LESSEE
Municipal Utilities and Engineering Laura Dangermond
Director ENVIRONMENTAL SYSTEMS
City of Redlands RESEARCH INSTITUTE
P.O. Box 3005 380 New York Street
Redlands, CA 92373 Redlands, Ca 92373
7. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
H:\Dev',WQMP Agreement w-ESRI NY Parking Lot Final 3-23-09.doc
8. Any amendment to this Agreement shall be in writing and approved by the City Council
of City and signed by the City and SSRI.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS: ENVIRONMENTAL SYSTEMS
ESEARCH INSTITUTE:
Pat Gilbreath, Mayor Pro Tem Laura Dangermond
Vice President
Attest:
t
Lorrie,Payzer,
HADevl OMP Agreement w•ESRI W Parking Let,FnaJ 3.23.09.d
Al-L-PURPOSE ACKNOWLEDGINIENT
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 I
Division 3, Section 40814, of the California Government Code, on April 1. 2009, before me, Teresa Ballinger,
Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of tile City of Redlands., California, personally
appeared Pat Gilbreath, Mayor Pro Tem and Lon-je Poyzer, City Clerk who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and
acknowledged to me that he/shethey executed the same in his/hen'their authorized capacity(ies) and that by
his/he their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certifV Linder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official sea],
0
LORRIE POYZER, CITY CLERK
A,
C)
Pj
BY:
I F 0
///0111111 1111100W
Teresa Ballim!ei, Asiistant City 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 Pro Tena and City Clerk
Entity Represented: City of Redlands, a municipal corporation
--—-----—--- ---------—------------———---------—----------------
THIS CERTIFICATE MUST BE A,rTACFIED TOJTIE DOCUTMENT DESCRIBED BELOW:
Title or Type of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement: AIIN 0171-011-57
Z�
Date of Document: April 1, 2009
Signer(s) Other"Phan Named Above: Environmental Systems Research Institute (ESRI) by: Laura
Dangerniond, Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cal' (nia
County of
On before me, SS �d Wit.C
Date Here Insert Neye and Tie of the Officer
personally appeared
Name s)of Signer(s)
s
who proved to me on the basis of satisfactory evidence to
be the personl4 whose name(,sf is/asie'subscribed to the
within instrument and acknowledged to me that
Wshe/j�e9 executed the same in bieher/t$eir'authorized
capacity and that by her/tom signature(,a)'on the
instrument the personX, or the entity upon behalf of
which the personxacted, executed the instrument.
rA VERONICA BUR I certify under PENALTY OF PERJURY under the laws
Commission# 1822708 of the State of California that the foregoing paragraph is
Notary Public-California i true and correct.
San Bernardino County
MY Comm.Expires Nov 15,2012
WIT SS my hand official seal.
Place Notary Seal Above 'Ie nature Notary Public
OPTI NAL
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 Documenuvi ssl pyn �AoArlej — (�rwt Wc2 {e�����►'t ��r
Title or Type of Document: kt__a2&f f d i ,- C o Q,S 1
Document Date: �i1 Number of Pages: t ne,4,0rGich;6,5 A4-
Signer(s) Other Than Named Above: A
Capacity(les) Claimed by Signer(s)
Signer's Name: jQ,6 d C!ri►Dn Signer's Name:
I.'] Individual C:Individual
,,�c''Corporate Officer—Title(s): ! &Lj 3 Corporate Officer—Title(s):
Partner—i❑ Limited f..::J General [,-I Partner—[:_7 Limited ❑ General _
-7 Attorney in Fact • -;Attorney in Fact •
Top of thumb here Top of thumb here
Trustee i::�Trustee
=; Guardian or Conservator f..::a Guardian or Conser or
❑ Other: F-]Other:
Signer Is Representing: Signer Is presenting:
E2(
02007 National Notary Associatron•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www NattonatNotary.org Item#5907 Reorder:Catl Tolkrree 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
(ACCESS AND MAINTENANCE EASEMENT)
BEING A PORTION OF BLOCK 26 OF THE BARTON RANCH,IN THE CITY OF REDLANDS,COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA,FILED IN BOOK 6 OF MAPS,AT PAGE 19,IN THE OFFICE
OF THE COUNTY RECORDER,OFFICIAL RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER LINE INTERSECTION OF TENNESSEE STREET AND STATE STREET AS
SHOWN ON PARCEL MAP 14573 RECORDED IN BOOK 174,PAGES 20 AND 21 OF PARCEL MAPS,
RECORDS OF SAID COUNTY,
THENCE NORTH 00044'15"WEST ALONG THE CENTER LINE OF SAID TENNESSEE STREET A
DISTANCE OF 602.04 FEET;
THENCE NORTH 89015'45"EAST A DISTANCE OF 40.00 FEET TO A POINT ON THE EASTERLY RIGHT
OF WAY LINE OF SAID TENNESSEE STREET 40 FOOT HALF WIDTH AS SHOWN ON SAID PARCEL
MAP,SAID POINT BEGINNING THE TRUE POINT OF BEGINNING;
THENCE NORTH 00044'15"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF
34.16 FEET;
THENCE NORTH 84°09'54"EAST A DISTANCE OF 49.45 FEET;
THENCE NORTH 82009'13"EAST A DISTANCE OF 67.75 FEET;
THENCE NORTH 81016'59"EAST A DISTANCE OF 42.93 FEET;
THENCE NORTH 82002'59"EAST A DISTANCE OF 116.85 FEET;
THENCE NORTH 75046'03"EAST A DISTANCE OF 83.97 FEET;
THENCE NORTH 70047'48"EAST A DISTANCE OF 100.21 FEET;
THENCE NORTH 70020'01"EAST A DISTANCE OF 785.64 FEET;
THENCE NORTH 72°5331"EAST A DISTANCE OF 50.13 FEET TO A POINT ON THE WESTERLY RIGHT
OF WAY LINE NEW YORK STREET 40 FOOT HALF WIDTH AS SHOWN ON SAID PARCEL MAP,
THENCE SOUTH 00043'15"EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE 48.28
FEET TO SOUTHERLY RIGHT OF WAY LINE OF MISSION-ZANJA CHANNEL AS SHOWN ON THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT DRAWING NUMBER 5C;
(THE FOLLOWING FIVE COURSE ARE ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF
MISSION•ZANJA CHANNEL)
1. THENCE SOUTH 64044'25"WEST A DISTANCE OF 26.96 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1050.00 FEET;
2. THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
05017'36",AN ARC LENGTH OF 97.01 FEET;
3. THENCE SOUTH 70°02'01"WEST A DISTANCE OF 720.66 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY A RADIUS OF 1053.00 FEET,(FORMERLY SHOWN AS 1050.00
PER SAID DISTRICT DRAWING NUMBER 5C);
Page I of 2
0\a ord processing}job relatedi1188-ESRIil188-741 Building U Renovation',LegalsACHANNEL RightofWay doc
4. THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19-10'38",AN
ARC LENGTH OF 352.45 FEET;
5. THENCE SOUTH 89012'39"WEST A DISTANCE OF 100.71 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 1.57 ACRES MORE OR LESS
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
'0JkL LAND
X
rb
4�> - 0 04
0
RICHARD S.FURLONG,P.L.S. 422 DATE Na.8422
MY LICENSE EXPIRES ON 12/31/10
EXP. 12/31/10
OF C
Page 2 of 2
0Aword processing\job relided\l 188-ESRINI 188-101 Building U RenovatiotiTegalsTHANNEL RightofWaydoc
��\l1�B-1O�\uego|s\118O-106_F|oodCon,mLahi wg
SHEET 2 OF 3
EXHiBI T 8
SCALE: 1"=100'
PORTION OF BLOCK 26
BARTON RANCH 7�A
M.B. 6/19 U-w 0-
ro A
.10.13
q
40' N1p A'j,4a -I20 g0
S'E
w 46 0
t482'02'59 .91
11
z
z 3 4
oo
053.
2
D=19'10',38 ZA RADIUS 1050.00' PER SAN
BERNARDINO COUNTY FLOOD LINE DATA TABLE
CONTROL DISTRICT DRAWING ol BEARING DISTANCE
NO. 5C 1 N89'15'45"E 40.00'
T.P.O.B. 2 N00-44'15"W 34.16'
PARCEL 1 3 N84'09'54"E 49.45'
PORTION OF BLOCK 26 P.M. 14573 4 N82'09'13"E 67.75'
oBARTON RANCH P.M.B. 174/20-21 5 N8 1'1 659"E 42.93'
C14
0 M.B. 6/19
161 S89'12'39W 100.71'
z
40' AEFICASIC
ENGINEERING
937 SOUTH VA LATA, SWE 500
COLTON, C4 92324
PH. (909)783-0101 FAX (909)783-0108
2
EXHIBI T "U " SHEET 3 OF 3
SCALE. 1"=100'
LINE CURVE DATA TABLE 40'
DELTA BEARING RADIUS LENGTH DIST. i
1 N72'53'31"E 50.13' PORTION OF BLOCK 26
2 S00'43'15"E 48.28' BARYON RANCH
3 S64'4425"W 26.96' M.B. 6/19 1
Y
4 05'17'36" 1050.00' 97.01-
2 �
i
���'O p�Z 01'• 43 40'
I& PARCEL 2
S�0
Z P.M. 14573
P.M.B. 174/20-21
N
PARCEL 1
P.M. 14573
P.M.B. 174/20-21
AFI-IKASC
ENGINEERING
937 SOUTH M UTA. SURE 500
COLTOK G 92324
PH. (909)783-0101 FAX (909)783-0109
1188 i06 i06_RocdCcntrol_s^t--:S.dwq