HomeMy WebLinkAboutContracts & Agreements_105-2009_CCv0001.pdf Recorded in official Records,County 01 san tiernarauw t31��PM
LARRY WALKER FV
c°"" Auditor/Controller — Recorder
R Regular Mail
RECORDING REQUESTED BY -
Titles: 1 Pages: 7
AND WHEN RECORDED MAIL TO: doe#: �Qa�—Q302��8 Fees0.00
Taxes 0;00
CITY CLERK Other 0,00
CITY OF REDLANDS PAID $O.eO
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
SE'ACE ABOVE'rJJlS LINA la C'OKDE R"S USE
AMENDED STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0171-171-10, 0171-171-13, 0171-171-22, 0171-171-24, 0171-161-15
THIS AGREEMENT is made and entered into this 7,th day of.7uiy 2009, by and
between NYS, LLC and NYS/New, LLC (together "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 Buidling Q and filed as CRA 825 (Rev. 2) (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 pavers, bio-
retention areas, and basin inserts (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 installedprivate
nrrepla replacement therefor draining
rbeing the sole
property, are private facilities with all ma
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
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
inutual promises contained herein, the City of Redlands and NYS, LLC and N.YS/New LLC,
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 of not less than forty eight (48) hours; 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 actual 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. 0171-171-10,
0171-171-13, 0171-171-22, 0171-171-24, 0171-161-15 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.
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.
City of Redlands
Agreement Verson Novefrber 2003
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 NYS, LLC and NYS/New, LLC
City of Redlands 380 New York Street
P.O. Box 3005 Redlands, CA 92373
Redlands, CA 92373
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: OWNER:NYS, LLC
Pat Gilbreath, Mayor Pro Tem Laura Dangermond, 'Member Trustee
OWNEk:NYS/NEW, LLC
LaWra Dangermond, Member Trustee
Attesu
Lorne zer, Cit `C 'k
City of ReJ!aildS
Agreement Version November 2098
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BEI NARDfNO 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 July 7, 2009, before me,
Lisa Caldera, Administrative Assistant, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands,
California, personally appeared Pat Gilbreath, Mayor Pro Tem and Lorrie Poyzer, City Clerk who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) mare subscribed to the
within instrument and acknowledged to me that hel-she/they executed the same in his/hef/their authorized
capacity(ies) and that by er/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,
01'ml Iffillf,
WITNESS my hand and official seal.
'.11piAPORA, (P LORRIE POYZER, CITY CLERK
B
Lisa Caldera, Administrative Assistant
(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 Tem,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 De rice and Control Measure Access and
Maintenance Agreement; APN- 0 171-171-10, 0171-171-13, 0171-171-22, 0171-171-24, 0171-161-15
Date of Document- July 7, 2009
Signers) Other Than Named Above: Laura range mond, Member Trustee
CALIFORNIA ALL-PURPOSE
F �
� CERTIFIC'ATE OF ACKNOWLEDGMENT
1 State of California
3
County of ft t7 `
On h r✓ I OGS before me i Ga- M . Pk t k np, NofmPaWtc
(here insert n and title of the o er)
personally appeared L Ate P—A PAW &59 NAO ( J D
who proved to me on the basis of satisfactory evidence to be the person whose name I Fife-subscribed to
the within instrument and ac- ledged to me thath&they executed the same in I ' er their authorized
capac ty(ies), and that by ` ere heir signature(si) on the instrument the person(-st. or the entity upon behalf of
which the person{-s) acted, executed the instrument. 1
1
f I certify under PENALTY OF PERJURY under the lave-s of State of California that the foregoing paragraph
j
is true and correct. [
tILIPP
F t 1266
J ITNES my hand d IttI sea . Ito_
nia
# I
I
(Notary Seal) fj
11
`-nature of 'otary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Ary acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the nota section or a separate acknowled
pP ry p acknowledgmentfibrin must be
property completed and attached to that document. The only exception is If
document to to be recorded outside of Calarornia. In such instances,anyy alternative
acknowledgment verbiage as may, be printed on such a document so long as the
t= {Title or description of attached document] verbiage does not require the notary to do something that is illegal for a notary in
California Ole. certifjdng the authorized capacqy of the signer). Please check the
! y. proper form rf requidrel
{Tette or description of attached document continue document document carefullforroer notarial evordand anach this j I
Number of Pa es Document Date • State and County information must be the Slate and Counts where the.document �
signer(s)personally appeared before the notary public for acknowledgment.
-- • Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a.comma and then your title(notary public),
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
Individual(s) lots/she/they-is/afe)or circling the correct forms,Failure to correctly indicate this
L'__1 information may lead to rejection of document recording.
Corporate Officer • 'rhe notary sea? impression must be clear and photographically reproducible.
( _ _ Impression must not cover text or lines If sea? impression smudges,re-seal ff a
I_ (Title) sufficient area permits,otherwise complete a different ackrowlydement form
Partner(s) • signature of the notary public must match the signature on file with the office of
the county clerk,
Attornev-in-Fact Additional in orma6cat is not iccIurred bull could help to ensure this
Trustee(s) acknowiedgmr nt:s not misused or attached to a diff rent document.
'• indicate title or of at�ached document dumber of ages and date_
Other p
Indicate the capacity claimed bs the signer, If the claimed c p=cm is a ((;
co€gate o,2tee,,indfca�c the till (,c Ci C>„C,FC7,Secretary j.
j • `+ecurel attach this document to th igned document �r
t
2008 Version C;APA v 12 10,07 800-873-9865 ysisu.NotarvC:lasses.eont
EXHIBIT "A"
LEGAL DESCRIPTION
MAINTENANCE AGREEMENT
BEING A PORTION OF PARCELS 5 AND 6 OF PARCEL MAP NO. 18165, IN THE CITY OF REDLANDS,COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA,FILED IN BOOK 233 OF MAPS,AT PAGES 54 THROUGH 56
INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 6:
THENCE NORTH 89051'37"EAST ALONG THE SOUTH LINE OF SAID PARCEL 6,A DISTANCE OF 350.29 FEET;
THENCE NORTH 89°51'15"EAST ALONG SAID SOUTH LINE A DISTANCE OF 402.52 FEET;
THENCE SOUTH 00008'45"EAST ALONG SAID SOUTH LINE A DISTANCE OF 8.00 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 368.00 FEET,A RADIAL LINE
TO SAID BEGINNING BEARS SOUTH 00°08'45"EAST;
THENCE EASTERLY ALONG SAID SOUTH LINE AND SAID NON-TANGENT CURVE THROUGH A CENTRAL
ANGLE OF 16°13'56",AN ARC LENGTH OF 104.26 FEET;
THENCE NORTH 0008'45"WEST A DISTANCE OF 329.26 FEET;
THENCE SOUTH 89049'02"WEST A DISTANCE 508.76 FEET;
THENCE SOUTH 00043'15"EAST A DISTANCE OF 53.18 FEET;
THENCE SOUTH 89051'35"WEST A DISTANCE OF 350.29 FEET;
THENCE SOUTH 00°43'16"EAST A DISTANCE OF 282.44 FEET TO THE POINT OF BEGINNING.
CONTAINING 6.19 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.
Z J_ }S.FU <✓
� j 0Z �+
RICHARD S. FURLONG, P.L.S. 422 DATE
MY LICENSE EXPIRES ON 12/31/10 °- N0.8422 I
EXP. 12131110
OF C A0Fd��`
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EXHIBI T "B"
SHEET 1 OF 1
MAIWENANCE AGREEMENT
SCALE. 1"=100'
PARCEL 3 S89*49'02"W 508.76'
PARCEL MAP NO. 18165 PORTION PARCEL 5
PMB 233 / 54-56 3 I PARCEL MAP NO. 18165
S89'51'35"W 350,29' PMB 233 54
—56
04
l4k
00
ro
co
0
0
V) N
N16*22'41"W
1
N89'51'37"E 350,29' N89'51'15"E 402.52'
POINT OF BEGINNING STATE STREET 2
Q> LINE ICURVE DATA TABLE
DELTAIBEARING I RADIUS LENGTH DIST.
1 S00'08'45"E (R)l 8.00'
NO16-13'56" 68.00. 8422 j 3— ' 1
2 04.26'
EXP. 12/31/10 3
3 S00*43'15"E 53.18' AE [ICASC
E--r-li c::;I Illi sura
1�f ll�
OF CA RICHARDS. FURLONG, P.L.S. 8422�'- DATE 937 SWTH M JATA SUnE&)0
MY LICENSE EXPIRES ON 12131110 COLTON, CA 92324
PH. (90)783-0101 FAK (909)783-0108