HomeMy WebLinkAboutContracts & Agreements_140-2008_CCv0001.pdf Recorded in Official Records.Goanry of San Bernardino 8/2912008
LARRY WALKER 4:38 PM
MA
RECORDING REQUESTED BY x° "." editor/Controller - Recorder
AND WHEN RECORDED MAIL TO: R Regular Mail
CITY CLERK. Dock 2008—0397420
Titles: 1 Pages: 7
1 CITY OF REDLANDS
Fees 0.00
P.O. BOX 3005 Taxes 0.00
REDLANDS, CA 92373 ' Other 0.00
PAID 50.00
FEES NOT REQUIRED SPAC'r: r3ovr: riffs t.i yr r��ir�rc>Rr�rx's t.rsr:;
PER GOVERNMENT CODE
SEC�"qA WATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0175-191-0371041
THIS AGREEMENT is made and entered into this 6 th day of Augus t 2008,
by and between Hector M. Vargas ("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 1042 Sunset Drive located at 1042 Sunset Drive, Redlands, CA 92374 and filed as
1042 Sunset Drive (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 Seven (7) Vegetated Swales, One (1)
Vegetated Detention Basin and Landscaping (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 privatepro
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 De-ices 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 Redlands
Agreement 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 [Entity Legal Name of Owning
Entity] 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 i
I I given written notice by the City to do so,,
setting forth with specificity the action to be taken. the City is authorized to cause anv
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. 0175-191-
037/041., 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 201077
5
owners of all or any portion of the Property. Any owner's liability hereunder shall
ten-ninate 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
Municipal Utilities & OWNER
Engineering Director Hector M. Vargas
City of Redlands 521 11"' Street
P.O. Box 3005 Redlands, CA 92374
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:
OW
A
-
J0 I rison, Mayor
Hector M. Vargas, Project�Owner
Attest:
Lorr oyzer, C'i I k
City of Redlands
Agreement versior,January 2007
ALL-PURPOSE ACKNOWILEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDI:'tiIO ) SS
b:
CITY OF REDLANDS �
By the authority granted under Chapter 4, Article 3, Section 1 IS 1, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code oil August 26, 2008, before
nye, Lisa Caldera, Administrative Assistant, on behalf of' Lorrie Poyzer, City Clerk of the City of`
Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City Clerk who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Fare subscribed to
the within instrument and acknowledged to
me that he/she,they executed the same in their
authorized capacity(ies) anal.. that b '
entity upon behalf of which the person(s)�d, executed tthe(instrument.instrument the person(s), or the
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
���tttt s t�rrtrt�tt
` ` � WITNESS my hand and official seal.
AI
01 LORRIE POYZER, CITY CLERK
s
Lusa Caldera, Administrative Assistant
� � 909)798-7531
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CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneselUthemselves
i } Corporate Officer(s)
Title(s)
Company
{ }
Partner(s)
Partnership
{ } .attorney-in-Fast
Principal(s)
{ } Trustee(s)
Trust
{ x } Other
Title(s): Mayor and City Clerk
Entity Represented: City of R�edland�s, a municipal corporation.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Tvpc of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement; APN 01?j-191-037'041
Date of Document: August 6, 2008
Signer(s) Other Than Named Above: Hector Vargas, Owner
l
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of. 1-�v.� �dayio
OnAva �« S before me, Oda
a
Date O
Here nsert Name and Tie ogthfficejr
personally appeared ��
Names}of S gner(sq
r
who proved to me on the basis of satisfactory evidence to
be the personkd) whose name() is/a.P6 subscribed to the
within instrument and acknowledged to me that
he/,"/tbcy executed the same in hisl�&/th&authorized
DA S capacity(jes), and that by his/hO/tbeir signatures on the
ANCNU----1instrument theerson
Commission#f 1607724 p or the entity upon behalf of
Noktyr pApC_cm which the person( acted, executed the instrument.
- Son C�
8emorcikq
aN Son
"x*bo Cotm I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Sign e o otary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document p Title or Type of Document: 9orw m r -��I�i�-fmcp dcf)(c and (iI fr1 4syr� Q�I�PJJ
Document Date:�US� U l xx ►f i!U -3
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
C:::7 Individual
[:] Corporate Officer—Title(s): El Individual
I] Partner—C:::J Limited ❑General ❑Corporate Officer--Title(s):
1-:3 Partner—E Limited CJ General
I-] Attorney in Fact " � ':'
CC Attorney in Fact "
CJ Trustee Top of thumb here """
[.J Trustee Top of thumb here
Ci Guardian or Conservator
J Guardian or Conservator
Cl Other. f����
0 Other:
Signer Is Representing:
Signer Is Representing:
®2007 National -
hssoc�afan•9350 De Soto Ave.,PO.Box 2402-Chatsworth.CA 91313-2402-www.NationalNota -
ry.org Item#5%7 ReOrderCallTotf-Freet-804.876.6827
EXHIBIT "A'!`
PARCEL "A"
"
That portion of Lot 3, Block 43, Map No. 9 of a portion of Redlands Heights, in the city of
Redlands, county of San Bernardino, state of California, as shown by map recorded In Book 9, page 28 of
Maps, records of said County, and a portion the Southeast quarter of Section 3, Township 2 South, Range 3
West, San Bernardino Meridian, described conjointly as follows:
COMMENCING at the most westerly comer of that certain parcel of land as described in a Grant
Deed to the Richardson-Sargent Family Trust recorded October 24, 1.994 as Instrument No. 94432770 of
Official Records of said County as said comer is shown by a Record of Survey on file in Book 123, page 2
of Records of Survey, in the Office of the County Recorder of said County; thence along the southerly line
of said certain parcel, South 64'27'28" East, 35.05 feet to an angle point therein; thence continuing along
said southerly line, South 79'28'58" East, 15.00 feet to the POINT OF BEGINNING; thence continuing
South 79'28'58" East, along said southerly line, 123.02 feet to an angle point therein; thence along" the
westerly line of said certain parcel of land, South 6'44'46" East, 15.11 feet to an angle point therein; thence
continuing along said westerly line, South 1'31'29" East, 179.32 feet to the northerly line of Sunset Drive
(25.00 foot half-width) as conveyed to the City of Redlands by Grant Deed recorded November 20, 1948 in
Book 2324, page 8 of Official Records of said County, said northerly line being parallel with and 25.00 feet
northerly, measured at right angles from the monumented centerline of Sunset Drive as shown by said
Record of Survey and a Record of Survey on file in Book 95, pages 50 through 53 of Records of Survey in
the Office of said County Recorder; thence along said northerly line, South 70'51'47" West, 153.94 feet to
an angle point therein; thence continuing along said northerly line, South 81'38'11" West, 67.50 feet to the
easterly line of Parcel "B" as described in the Certificate of Compliance recorded June 7, 2006 as Document
No. 2006-0387768 of Official Records of said County; thence along said easterly line, North 1'40'54" East,
81.94 feet to an angle point therein; thence continuing along said easterly line, North 18'52'46" East,
104.87 feet to the southeasterly comer of Parcel A, as described in the Certificate of Compliance recorded
June 7. 2006 as Document No. 2006-0387766 of Official Records of said County; thence along the easterly
line of said Parcel A, North 26'46'16" East, 10738 feet to the POINT OF BEGINNING.
The above-described parcel of land as depicted on Exhibit "B", being attached hereto and made a
part here-of, contains 1.00 Acres, more or less.
This real property description has been prepared by me, or under my direction, in conformance with
the Land Surveyor's Act.
M.0
Signature 10
Co I
essional Land Suneyor 0
CL No.4718 :0
September 24, 2007
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