HomeMy WebLinkAboutContracts & Agreements_99-2007_CCv0001.pdf Recorded in Official Records. County of San Bernardino 6107/2007
.rte LARRY WALKER 4: PM
BN
;mZx Auditor/Controller — Recorder
RECORDING REQUESTED BY F`� R Regular Mail
AND N RECORDED MAIL TO:
Doc#: 2007—0343603 Titles: 1 Pages: 6
CITE'CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
RO0 BOX 3005 Other 0.00
REDLANDS, CA 92373 PAID $0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0167-181-13 and 14
THIS AGREEMENT is made and entered into this 4th day of June , 2007,
by and between The Mulhearn Group ("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."
CITALS
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 16806, Southeast Corner of Texas Street and Pennsylvania Avenue and filed as
Tract 16806 (the "Project"), the City required the Project to employ on-site control measures to
minimize pollutants in urban stormwater runoff; and
WHEREAS, the Owner has chosen to install site design and source control BMPs
(swales) (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;
City of Redtands
Agreernent Version January 2007
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and The Mulhearn Group agree as
follows:
AGREEMENT
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 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 cost and expense to the Owner,
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 Nos. 0167-181-13
and 14 and 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.
5. 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.
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
City of Redlands
Agreement Version January 2007
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 June 4th, 2007, before
me, Teresa Ballinger, Assistant City Clerk, on behalf of Lome Poyzer, City Clerk of the City of
Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City
Clerk{ 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.
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� , �'��•� LORRIE POYZER, CITY CLERK
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By TeresaMallin er, Assistant -ity Clerk
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CAPACITY CLAIMED BY SIGNERS)
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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
Maintenance Agreement; APN 0167-181-13 and 01.67-181-1.4
Date of Document: June 4, 2007
Sibner(s) Other Than Named Above: The Mulhearn Group, Owner;by Eddie Marin, Project
Manager
EXHIBIT `A'
LEGAL DESCRIPTION
LOT 9 AND LOT 10 OF HUNT ADDITION, LOCATED IN THE CITY OF REDLANDS,
AS PER PLAT RECORDED IN BOOK 15 OF MAPS, PAGE 83, RECORDS OF THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TOGETHER WITH THAT
PORTION OF TEXAS STREET, 33.00 FEET WIDE ON THE EAST SIDE, LYING
ADJACENT TO AND WESTERLY OF SAID LOTS 9 AND 10, ALSO TOGETHER WITH
THAT PORTION OF PENNSYLVANIA AVENUE, 27.50 FEET WIDE ON THE SOUTH
SIDE, LYING ADJACENT TO AND NORTHERLY OF SAID LOT 10 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION THE CENTER LINES OF SAID
PENNSYLVANIA AVENUE AND SAID TEXAS STREET, THENCE NORTH 89030'00"
EAST 329.88 ALONG THE CENTER LINE OF SAID PENNSYLVANIA AVENUE TO
THE INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EAST
LINES OF SAID LOTS 9 AND 10 AND SAID CENTER LINE OF PENNSYLVANIA
AVENUE;
THENCE LEAVING SAID CENTER LINE OF PENNSYLVANIA AVENUE SOUTH
00037'58" EAST 275.57 FEET ALONG THE NORTHERLY PROLONGATION AND THE
EAST LINE OF SAID LOTS 9 AND 10 TO THE SOUTHEAST CORNER OF SAID LOT
9;
THENCE SOUTH 89030'08" WEST 329.82 FEET ALONG THE SOUTH LINE OF SAID
LOT 9 AND THE WESTERLY PROLONGATION OF SAID LOT 9 TO THE
INTERSECTION WITH THE CENTER LINE OF SAID TEXAS STREET;
THENCE NORTH 00038'45" WEST 275.56 FEET ALONG THE CENTERLINE OF SAID
TEXAS STREET TO THE INTERSECTION WITH SAID CENTER LINE OF
PENNSYLVANIA AVENUE AND THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 2.09 ACRES, MORE OR LESS.
SAID DESCRIPTION AFFECTS APN 0167-181-13 AND APN 0167-181-14.
CARSON L. STORER P.L.S. 3913 ;yz'
EXPIRATION DATE: JUNE 30, 2008 _
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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 of such owner.
7. Time is of the essence in the performance of this Agreement.
8. 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 Eddie Marin, Project Manager
The Mulhearn Group c/o Prudential
City of Redlands Realty
P.O. Box 3005 1800 Studebaker Rd. #205
Redlands, CA 92373 Cerritos, CA 90703
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 of the date
first written above.
CITY OF REDLANDS: O R:
Jonarrison, Mayor Eddie Marin, Project Manager
Attest:
stow of rats County of
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City of Redlands
Agreement Version January 2007