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Home My WebLink AboutContracts & Agreements_52-2007_CCv0001.pdf r Recorded in Official Records, County of San Bernardino 3/20/2007 LARRY WALKER 1.47 PM MP ea Auditor/Controller — Recorder RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: R Regular Mail CITY CLERK Doc#: 2007-0174867 Titles: 1 Pages: 9 CITY OF REDLANDS Fees 0.00 Tax0.00 P.O. BOX 3005 other 0.00 REDLANDS, CA 92373 PAID $0.00 FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0167-401-02 & 03; 0167-511-08; 0167-451-05, 06 &07 THIS AGREEMENT is made and entered into this 19th day of march ) 2007, by and between Mountain View Industrial Center, LLC ("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." RECITALS 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 Mountain View Industrial Center, located at the southeast corner of Mountain View Avenue and Almond Avenue in the City of Redlands, San Bernardino County, CA 92373 and filed as CRA 819, PR 762; Tentative Tract Map 17815 (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 Dry Extended Detention Basin located southwest of project site. Contech Underground 48" Perforated Pipe with Clean-outs (manhole). Bio Clean Filter Inserts; Filter Inserts shall be installed to the (3) catch basins located at the north middle entry(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 City of Redlands Agreement Version January 2007 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; NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and Mountain View Industrial Center, LLC agree as follows: AGREEMENT I 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. 0167-401-02 & 03; 0167-511-08; 0167-451-05, 06 & 07, 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. City of Redlands Agreement Version January 2067 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 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 Ashley Powell, Director City of Redlands Mountain View Industrial Center, LLC P.O. Box 3005 21068 Bake Parkway, Suite 200 Redlands, CA 92373 Lake Forest, CA 92630 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 REDLAN S: OWNE JgAa—rrison, Mayor Mark English, Vice President Attest: Mountain View Industrial Center, LLC By: RREEF America LLC, a Delaware limited Lorri/e Poyzer, yolerk liability company, its investment manager 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, onMarch, 19, 2007, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie 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. N\\ A LORRIE POYZER, CITY CLERK By: Teresa Ballinger, Assistant City Werk (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 jx ) Other Title(s): Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation --------------------------------------------------------- THIS CERTIFICA"FE- MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Stormwater Treatment Device' and Control Measure Access and Maintenance Agreement, APN 0167-401-02 & 03; 0167-511-08; 0167-451-05, 06 & 07 Date of Document: March 19, 2007 Signer(s) Other Than Named Above: Mountain View Industrial Center, LLC, Owner; by: Mark English, Vice President State of California County of San Francisco On January 29, 2007 before me, Debbie Choy Wayne, Notary Public, personally appeared Mark English, 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. DEBBIE C WA Comm'slon# 1640100 Nof0tV Public -A California son Francisco county "4YcOmm�ExPires ion 21,2009 Exhibit A Legal Description Include a Legal Description of the project site, and title the description Exhibit A Legal Description The Legal Description must be wet signed and sealed by a California Land Surveyor or Registered Civil Engineer with Land Surveying Privileges. City of Redlands Agreement Version January 2007 Exhibit B Map Include a Plat Map of the project site, and title the map Exhibit B Plat Map The Plat Map must be wet signed and sealed by a California Land Surveyor or Registered Civil Engineer with Land Surveying Privileges. City of Redlands Agreement Version January 2007 EXHIBIT B LEGAL DESCRIPTION ALMOND AVENUE PARCEL 1 6.50 AC. PARCEL 2 7.17 AC. Lij :D < go W i PARCEL 3 5.30 AC. < PARCEL 4 < 5.37 AC. 0 ry < 0- PAR B (RETENTION BASIN) 1.12 AC, PARCEL 5 4.85 AC. PARCEL 6 5 6 7 A" c LUGONIA AVENUE DATED: 2007 J RAL[ E. --------- ANH 'N JR., L.S. 7159 ------- E IRE 12-3llo-07