HomeMy WebLinkAboutContracts & Agreements_10-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 1112/2006
LARRY WALKER 10.33 Am
RECORI)ING RI QUESTED BY -��i�""� EF
AR AnditorlController — Recorder
ANI)WHENRI COIZI�I D MAILTC);
R Regular Mail
CITY CI:.ERKray �y Titles: 1 Pe es: 7
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CITY OF REDLANDS DOC#: 006—0025665 �
PO BOX 1005 Fees 0.00
REDLANDS,CA 92373 Taxes 0.00
Other 0.00
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)
0172-161-10, 11, 12, 13, 21 & 38 ,5,
THIS AGREEMENT is made and entered into this 9th day of January, 2006 , by
and between Terracina Medical Condominium Development, LLC, hereinafter referred to as
"Owner," and the City of Redlands, a municipal corporation, hereinafter referred to as "City."
RECITALS
WHEREAS, the Owner owns real property ("Property") in the City specifically described
in Exhibit "A," which is attached hereto and incorporated herein by this reference; and
WHEREAS, at the time of approval of the development project known as
(the "Project") for the Property, 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 a Water Quality Basin, Pervious
Pavement & Biofiltration Swale, hereinafter referred to as the "Device" and other control
measures to minimize pollutants in urban stormwater runoff; and
WHEREAS, the Device and other control measures have been installed in accordance
with plans and specifications approved by the City; and
WHEREAS, the Device and other control measures, 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
peak performance of the Device and other control measures 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 City's approval of the Project and the mutual
promises contained herein, the City of Redlands and Terracing Medical Condominium
Development, LLC agree as follows:
AGREEMENT
1 The Owner hereby provides the City and its designees with full right of access to the
Device and other control measures and the immediate vicinity of the property at any
time, upon reasonable notice; or in the event of emergency, as determined by City's
Public Works Director, no advance notice; for the purpose of inspection, sampling and
testing of the Device and other control measures, 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 repairs.
2. The Owner shall diligently maintain the Device and other control measures in a manner
assuring peak performance at all times. All reasonable precautions shall be exercised
by the Owner and the Owner's representatives in the removal and extraction of materials
from the Device and other control measures, 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 recycle of disposal destinations, as appropriate.
3. In the event the Owner fails to perform the necessary maintenance contemplated by this
Agreement, within five (5) days of being given written notice by the City, 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 from the date of the notice of expense
until paid in full.
4. The City may require the Owner to post security in a form and for a time period
satisfactory to the City to guarantee the performance of the obligations stated herein.
Should the Owner fail to perform its obligations under this Agreement, the City may, in
the case of a cash security deposit, act for the Owner using the proceeds from such
cash security; or in the case of a surety bond, require the surety to perform the
obligations of this Agreement. As an additional remedy, the City may withdraw any
previous stormwater related approval with respect to the Property on which a Device or
other control measure has been installed until such time as the Owner repays to the City
its reasonable costs incurred in accordance with Section 3, above.
5. This Agreement 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.
6. In event of 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 in-
house counsel at private rates prevailing in San Bernardino County),
7. It is the intent of the parties that the burdens and benefits herein undertaken shall
constitute covenants that run with the Property and shall constitute a lien against the
Property.
8. The obligations herein undertaken shall be binding upon the heirs, successors,
executors, administrators and assigns of the parties hereto. The term "Owner' shall
include not only the Owner, but also its heirs, successors, executors, administrators and
assigns. The Owner shall notify any successor to title of all or part of the Property about
the existence of this Agreement. The Owner shall provide such notice prior to such
successor obtaining an interest in all or part of the Property. The Owner shall provide a
copy of such notice to the City at the same time such notice is provided to the
successor.
9. Time is of the essence in the performance of this Agreement
10. 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 Terracina Medical Condominium
City of Redlands Development, LLC
PO Box 3005 C/o Medical Real Estate Development
Redlands, CA 92373 Company
29798 Haun Road, Suite 202
Menifee, CA 92586
11. This Agreement represents the entire agreement of the parties hereto as to the matters
contained herein and supersedes any and all prior written or verbal agreements between
the parties as to the subject matter hereof.
12. This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
13. Any amendment to this Agreement shall be in writing and approved by the City Council
of City and signed by City and Consultant.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS OWNER
Terracina Medical Condominium
Development, LLC
on Harrison, Mayor (Name, Title)
Attest:
Lorri6 Poyzer, City Viler
NOTARIES ON FOLLOWING PAGE
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 January 9, 2006,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer { 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.
W12zllf"!_
WITNESS my hand and official seal.
_ZZ
LORRIE POYZER, CITY CLERK
by: Vr-
t F 0 Teresa Ballinger, Assistan City Clerk
1111111111moO (909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Atto rnev-ln-Fact
Principals)
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
Date of Document: January 9, 2006
Signer(s) Other Than Named Above: Edward Anderson, Terracina Medical Condominium
ig -
Development, LLC.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
. s .- .
i
State of California
Count of E `�
ss.
before me,
Date Na and itle of ri at(e.g.,'Jane Doe,Notary Public
personally appeared
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(( whose name( is/
subscribed to the within instrument and
fesTINAA y acknowledged to me that he/s /tfi y executed
#1448299 the same in his/Vr/t(r authorized �
+YPubic-C,*ornie capacity(i*, and that by his/h�r/tfVr
RtvOMkteCounty signature(�4on the instrument the person(M, or
' ` the entity upon behalf of which the person(
acted, executed t instrument.
ffN -,rny and an o ficial seal. �t
Place Notary Seal Above Signa ure of Notary Public
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 D c"ment r.
Title or Type of Document.
Document Date: C7t Number of Pages:
1
Signer(s) Other Than Named Above: _ ______ _--
�i
Capacity(ies) Claimed by Signer
Signer's Name: __—
❑ Individual -
Top of thumb here �
i]] Corporate Officer—Title(s):
[I Partner—iJ Limited O General
E] Attorney in Fact
U Trustee '
El Guardian or Conservator
El Other:
III Signer Is Representing:
�S
O 1997 National Notary Associabon•9350 De Soto Ave_,P.O.Box 2402•Chatsworth,CA 51313-2402 Prod.No,5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT A
(Legal Description)
PARCEL 1:
LOTS 22, 23, 24 AND 25, BLOCK 12, MAP OF WEST REDLANDS, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 9 OF MAPS, PAGE 22, RECORDS OF SAID COUNTY.
TOGETHER WITH THE SOUTHEASTERLY 1/2 OF LIME STREET ADJOINING SAID
LAND ON THE NORTHWEST,THE NORTHEASTERLY 10 FEET OF TERRACINA
BOULEVARD ADJOINING SAID LAND ON THE SOUTHWEST AND THE
SOUTHWESTERLY 1/2 OF THE ALLEY ADJOINING SAID LAND ON THE
NORTHEAST, ALL AS VACATED BY RESOLUTION OF THE BOARD OF
SUPERVISORS OF SAN BERNARDINO COUNTY ON JUNE 7, 1893 IN BOOK "A" OF
ROAD BOOK, PAGE 196.
PARCEL 2:
LOT 26 AND 27, BLOCK 12, MAP OF WEST REDLANDS, IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED
IN BOOK 9 OF MAPS, PAGE 22,RECORDS OF SAID COUNTY.
PARCEL 3:
LOTS 1 TO 21, INCLUSIVE, IN BLOCK 12, MAP OF WEST REDLANDS, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA., AS PER PLAT
RECORDED IN BOOK 9 OF MAPS, PAGE 22, RECORDS OF SAID COUNTY.
TOGETHER WITH THE SOUTHERLY 1/2 OF LIME AVENUE, THE ADJOINING
WESTERLY 1/2 OF ACACIA AVENUE, AND ADJOINING ALLEYS, ALL AS VACATED
BY PUBLIC AUTHORITIES, AND WHICH WOULD PASS BY OPERATION OF LAW
WITH A CONVEYANCE OF SAID PROPERTY.
SAID PROPERTY IS ALSO REFEREED TO AS: PARCEL 1 OF PARCEL MAP NO. 8515,
IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS PER PLAT RECORDED IN BOOK 97 OF PARCEL MAPS, PAGE 67,
RECORDS OF SAID COUNTY.
hecoraing Heouested By Electronically Recorded in Official Records,County of San Bernardino 6I512407
First American 10:34 AM
Title NHS LARRY WALKER LMJ
Auditor/Controller-Recorder
Fv;Ir9
RECORDED AT REQUEST OF AND
WHEN RECORDED RETURN TO: 82First American Title company
CITY OF REDLANDS Doc#: 2007-0358573 Titles: 1 Pages: 2
City Clerk
35 Cajon Street Foes .00
Redlands,CA 92373 Taxes .00
Other .00
PAID .00
MAIL TAX STATEMENTS TO:
EXEMPT FROM RECORDER'S FEES
PURSUANT TO GOVERNMENT CODE
SECTIONS 6103 AND 27 383
Soace above this line for Recorder's Use Only
CERTIFICATE OF CORRECTION
1, William L. Green, certify that I am a Licensed Land Surveyor of the State of California. That a survey was prepared
under my supervision and direction and filed as Parcel Map No. 17637 in Book 221 of Parcel Maps, Pages 13 and 14 in
the office of the Recorder of San Bernardino County,California.
On Sheet 1 of 2
That the vesting in the Owner's Statement is incorrectly shown as
"TERRACINA MEDICAL CONDO DEVELOPMENT,LLC,A CALIFORNIA LIMITED LIABILITY COMPANY"
And is corrected to show as
"TERRACINA MEDICAL CONDO DEVELOPMENT, PHASE 1,LLC, A CALIFORNIA LIMITS ITY COMPANY"
IkL SND
The present fee owner(s)of the pro re not affect this correction.
.4
Dated:June 6,2007 No. 4 0
i a
gnature Exp.9i3G 1,10
William L. Green-L.S.4547 exp. 9-30-08 op C Al-\�
CITY ENGINEER'S CERTIFICATE
This Certificate of Correction has been examined by the undersigned and discloses tha es are authorized by
and comply with Government Code Section 66469 of the Subdivision Map Act. , OFESSjp
RONALD c.mwTm`
Dated Ronald C.Mutter, RCE 28129 28129
City Engineer- Expires 3/31/08
OF Ciao
HA 5100993V4rrinMegalsk�- ICOC,doc
ALL-PURPOSE ACKNOWLEDGEMENT
Certificate of Correction - Parcel Map No. 17637
State of California
County of Riverside ) ss. A NOTARY PUBLIC
On June 6. 2007, before me, Tina Anthony, personally appeared William L. Green
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
— — — — — — — — — — — —
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