HomeMy WebLinkAboutContracts & Agreements_127-2010_CCv0001.pdf Recorded In MIA Records, County of San Bernardino 8/18/2010
LARRY WALKER 3:05 PM
�a "= Auditor/Controller — Recorder MP
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: R Regular Mail
CITY CLERK Dock 2010-0337394 Titles: 1 Pages: 8
CITY OF REDLANDS Fees e.ee
P.O. BOX 3005 TBXes e.ee
REDLANDS, CA 92373 Pe.ee
PAID
$0.00
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0171-011-18
0171-011-19
THIS AGREEMENT is made and entered into this JZt-day of May, 2010, by and
between Donald and Aleelut Dukeshire ("Owner"), and the City of Redlands, a municipal
corporation("City"). The Owner and the City are sometimes each individually referred to herein
as a "Parry" 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 Benjarong WQMP and filed as CRA 867 (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 vegetated swales, pervious pavement, and
bio retention (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 therefore 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
City of Redlands
Agreement Version November 2008
a
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 Donald and Aleelut Dukeshire 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 the City
Engineer 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. 0171-011-19
and 0171-011-18, 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
city of Redlands
Agreement Version Novernber 2008
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
City Engineer Donald and Aleelut Dukeshire
City of Redlands Benjarong
P.O. Box 3005 3 Lime Orchard
Redlands, CA 92373 Laguna Niguel, CA 92677
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.
CIT OF REDLANDS: OWNS :
A
Pat Gilbreath, Mayor DOZITS_ukeshire
Attest:
Sam Irwin, City Clerk Aleelut Dukeshire
Oty of Redlands
Agreement Versbn November 2008
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARD INC) SS
CITY OF DLANDS
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 4, 2009, before
me, Lisa Caldera, Deputy City Clerk, on behalf of Sam Irwin, City Clerk of the City of Redlands,
California, personally appeared Pat Gilbreath, Mayor, and Sam Irwin, City Clerk, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacity(ies) and
that by their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
oWill WITNESS my hand and official seal.
SAM IRWIN, CITY CLERK
age �Yj
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Lisa Caldera, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneselVthemselves
Corporate Officer(s)
Title(s)
Company
O 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: 0171-011-18 and 0171-011-19
Date of Document: August 16, 2010
Signer(s)Other Than Named Above: Donald Duk-eshire and Aleelut Dukeshire
ALL PURPOSE ACKNOWLEDGMENT
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STATE OF 12ALIFORNIA }ss
COUNTY OF ORANGE }
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On f` i i b Dre me AVN EET BEDI, Notary Public, personally app ared �r �A) r` .,P ,
who proved to me on the basis of satisfactory evidence to be the rsonX whose name is are
s bscribed to the within instrument and acknowledg to me she/theytha� executed the same in
qher/their authorized capacity), and that by his er/their signatures) on the instrument the
son(s), or the entity upon behalf of which the personCs"f acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
E
WITNESS my haDcl-andofficial seal.
' AVNEET BEDI
Signature G ��k' V .l comm.# 1,872388
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NOTARY PUBLIC-CALIFORNIA
ORANCE COUNTY
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OMY COMM.EsP.DEC 26,2013`
(NOTARY SEAL)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could
prevent fraudulent attachment of this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW.
Title of Document Type 4: _ A aE" .r � , °'p
Number of Pages Date of Document /
Signer(s) Other Than Named Above
All Purpose Acknowledgment
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of -,a h
On / before me, n t
Date f/ �, e Insert Na and Title of the Officer
personallyappeared E'! -s< ,l
Nama(s}of Signer(s)
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who proved to me on the basis of satisfactory
evidence to be the personis)'whose nameO is/fie
subscribed to the within instrument and acknowledged
to me that Ke/she/tW executed the same in
/her/t authorized capacity(jos), and that by
r7f VERt)I14CA BURGESS �/her/t1� signature on the instrument the
Cann�aston a 1822706 person(a�or the en if ty upon behalf of which the
- csworr4a persogKacted, executed the instrument.
S&"BKBirdilPio CaMY urtp
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'2 9 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand d ricial seal
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Signatur �
Place Notary Seal and/or Stamp Above Signature of MoTaFy Public;,r
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 of this form to another document.
Description of Attached Document
Title or Type of Document: _
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
•. Signer's Name: Signer' ame:
0 Corporate Officer—Title(s): !-_' rporate Officer—Title(s):
1 Individual M. Individual Wel 11HRMIZ0111YR,IN
El Partner—F I Limited f.,::.:1 General Top of b here 7 Partner—❑Limited ❑General Top of thumb here
C7 Attorney in Fact 7 Attorney in Fact
C Trustee 1:: Trustee
Guardian or Conserv E.1 Guardian or Conservator
7--.I Other: El Other:
Sig s Representing: Signer Is Representing:
02008 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NatimalNotary.org Item#5907 Reorder Call Toll-Free 1-800-876-6627
EXHIBIT "A"
LEGAL DESCRIPTION
WQMP MAINTENANCE EASEMENT
BEING A PORTION OF BLOCK 26 OF THE BARTON RANCH MAP,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 OF SAID COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF NEW YORK STREET AND PARK
AVENUE AS SHOWN ON SAID BARTON RANCH MAP;
THENCE SOUTH 00043'15"EAST ALONG THE CENTERLINE OF SAID NEW YORK STREET,A
DISTANCE OF 32.00 FEET TO THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE
SOUTH RIGHT OF WAY LINE OF SAID PARK AVENUE AND SAID CENTERLINE OF NEW YORK
STREET;
THENCE SOUTH 8905543"WEST ALONG SAID PROLONGATION AND SAID SOUTH RIGHT OF
WAY LINE A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00043'15"EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID NEW YORK
STREET A DISTANCE OF 202.01 FEET;
THENCE SOUTH 8905543"WEST A DISTANCE OF 210.23 FEET;
THENCE NORTH 00043'15"WEST A DISTANCE OF 50.00 FEET;
THENCE NORTH 89055'43"EAST A DISTANCE OF 160.23 FEET;
THENCE NORTH 000431'15" WEST A DISTANCE OF 152.01 FEET TO A POINT ON THE SAID
SOUTH RIGHT OF WAY LINE;
THENCE NORTH 89°55'43"EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF
50.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.42 ACES MORE OR LESS
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
THIS LEGAI,-D,ESCFJPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
RICHARD S. FURLONG,
../ `ONPL LAND S
MY LICENSE EXPIRES ON 12/3�10 DATE g°� P�p
No.$422
s`w EXF. 1213111 .
SOF CA6
Page I of i
Wword processi*job reiated'd 188-ESRF l 183-113 Park Avenue Parking Lot-ENG4-EGALSIWQ.MP EASEME\TSIWQ,HP EAST EASEMEI7T.doc
LEGMD EXHIBIT i'U SHEET 2 OF 3
P.O.B = POINT OF BEGINNING
T.P.O.B. = TRUE POINT OF BEGINNING
WQMP MAINTENANCE EASEMENT
PARK AVENUE
S00'43'15"E 32.00
T.P.O. SCALE. 1 60'
L3
40'
o
C14 o gn LINE DATA TABLE SHEET 2
Lo C14 L BEARING DISTANCE
I S89"55'43"W 40.00
2 NOO*43'15'W 50.00'
Lo
3 N89'55'43"W 50,00'
lod, z
c* 0 0
e,ll
N89*55'43"E 160.23' j
L2
LA ftp
S.
S89*55'43"W 210.23' ------
NO. 8422
EXP. 12/31/10
OF CN
ADC1-1SC
�-Z6, I E:rV c_:i I r--j E E P-I Illi c:i
RICHARD S. FURLONG, P.L.S. 8422 DATE 937 SOM M LATA, SURE 500
80-000. CA 92324
MY LICENSE EXPIRES ON 12131110 PH. (909)783-0107 FAX (909)783-0108