HomeMy WebLinkAboutContracts & Agreements_100-2007_CCv0001.pdf Recorded in Official Records, Gounty of San Bernardino 6/07/2007
LARRY WALKER 4: PM
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Auditor/Controller — Recorder
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO: poc#: 2007—0343602 Titles: 1 Pages: s
CITY CLERK ( FeesTaxes
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CITY OF REDLANDS Other 0.00
P.O. BOX 3005 Pato 50.00
REDLANDS, CA 92373
SPACE ABOVE THIS LINE FOR RECORDER'S USF:?
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0292-168-25-0-000, 0292-168-26-0-000
THIS AGREEMENT is made and entered into this 4th day of June 2007, by and
between CITRUS INVESTORS, 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 Citrus Medical Office Building, 1686 Barton Road, Redlands CA. 92373 and filed as
CRA 841, MS 307, PR 887 (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 Bio-swales (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
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:
Agrees w Vers€or,fanjart 2t13r7
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and CITRUS INVESTORS, 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; 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,
9
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. 0292-168-25-
0-000, 0292-168-26-0-000, and shall be recorded in the Official Records of the County of
San Bernardino at the expense ofule, and •shall constitute notice te all successors
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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 xvith the Property and shall be binding upon future
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Ag,eerne_,,t verson ia,wxv 2,j)'1`
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
.rublic Works Director Edward Anderson
City of Redlands Citrus Investors, LLC
P.O. Box 3005 29798 Hann Road, suite 202
Redlands, CA 92373 Menifee, CA 92586
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:
Jo Harrison, Mayor
4dward Anderson, Manager
Attest,
Lo Poyser,Lor C rk
CO,of Redflaod-,
4,eem,em Vcz .,)n
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 June 4th, 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 Lorric Poyzer, City
Clerk{ X} personally known to me - or - I Ik 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.
, lN f WITNESS my hand and official seal.
VoOl I I
-11 LORRIE POYZER, CITY CLERK
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Teresa Ballinger, Assistant'. ity Clerk
(909)798-7531
------------------------------------------------------------
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
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 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 0292-168-25-0-000 and 0292-168-26-0-000
Date of Document: June 4, 2007
Signer(s)Other Than Named Above: Citrus Investors, LLC, Owner; by Edward Anderson, Manager
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On March 14, 2007 before me, Tina Wallace, Notary Public in and for said
State, personally appeared Edward L. Anderson, 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.
1�
61
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Signature
e
Exhibit A
Legal Description
LEGAL DESCRIPTION BEFORE LOT LINE ADJUSTMENT 521
1. APN 0292-168-25-0-00
PARCEL 2 OF PARCEL MAP NO. 13966 IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER BOOK 166,PAGES 12 TO 14 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
2.APN 0292-168-26-0-00
PARCEL 3 OF PARCEL MAP NO. 13966 IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA,AS PER BOOK 166,PAGES 12 TO 14 OF PARCEL MAPS,IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
3. IOWA AND BARTON ROAD VACATIONS
THAT PORTION OF IOWA STREET LYING BETWEEN THE WESTERLY PROLONGATIONS OF THE
NORTHERLY AND SOUTHERLY LINES OF SAID PARCEL 2,AS VACATED BY RESOLUTION NO. 6494,
RECORDED JUNE 12,2006 AS INSTRUMENT NO. 2006-0399831 OF OFFICIAL RECORDS,AND THAT
PORTION OF BARTON ROAD LYING BETWEEN THE SOUTHERLY PROLONGATIONS OF THE
WESTERLY AND EASTERLY LINES OF SAID PARCEL '), AS VACATED BY RESOLUTION NO. 6495,
RECORDED JUNE 12 2006 AS INSTRUMENT NO. 2006-0399530 OF OFFICIAL RECORDS.
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PREPARED BY ME OR W.
UNDER
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12-31-07
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Elecironicalfy Recorded In official Records,County of San Bernardino 612212006
LARRY WALKER 01:26 PM$
Auditor/Controller-Recorder
RECORDATION REQUESTED BY: 730 Chicago Title Company CIS
Doc#: 2006.0426221titles: t Pages: s
Recording Requested By Fees 32.00CHICAGO TITLE COMPANY Texas .00
Other .00
WHEN RECORDED MAIL TO: PAID 32,00
IST CENTENNIAL BANK
REAL ESTATE LENDING DEPARTMENT 066
101 E,REDLANDS BLVD.,SUITE 106
REDLANDS,CA 92873
SEND TAX NOTICES TO:
CITRUS INVESTORS,RLC.,a California Limited Liability
company
28798 HAUN RD.,SUITE 202
MIME,9A VM r
Szo�s3gS
DEED OF TRUST �
THIS DEED OF TRUST is dated June 20, 2006, among CITRUS INVESTORS, LLC,, a Califor Ila Limited
Liability Company, whose address Is 29788 HAUN RD., SUITE 202, MENIFEE, CA 92586 ("Trustor"); 1ST
'
CENTENNIAL BANK, whose address Is REAL ESTATE LENDING DEPARTMENT #56, 101 E. REDLANDS
BLVD., SUITE 106, REDLANDS, CA 82373 (referred to below sometimes as "Lender" and sometimes as
"Beneficiary"); and 1ST CENTENNIAL BANK, whose address is 101 E. REDLANDS BLVD., SUITE 106,
REDLANDS, CA 92373(referred to below as "Trustee"}
CONVEYANCE AND GRANT. For valuable consideration,Trustor Irrevocably grants,transfers and assigns to Trustee In trust,with power
of sate,for the benefit of Lender as Benetfelary,all of Trustor"s fight,title,and interest in and to the following described real property,together
with all existing or subsequently erected or affixed buildings,Improvements and fixtures;all easements,rights of way,and appurtenances;all
water,water rights and ditch rights(Including stock in utilities with ditch or Irrigation rights);and all other rights,royalties,and profits totaling to the
real property,including without limitation all minerals,oil,gas,geothermal and similar matters,(the "Real Property")located in SAN
BERNARDINO County,State of California:
PARCEL NOS. 2 AND 3 OF PARCEL MAP NO. 13866 IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 166, PAGES 12 TO 14 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
The Real Property or Its address Is commonly known as CORNER OF IOWA STREET AND BARTON RD, .
REDLANDS, CA 92373. The Assessor's Parcel Number for the Real Property Is 292-168»25 AND 26.
Trustor presently assigns to Lender(also known as Beneficiary In this Deed of Trust)all of Trustor's right,titre,and interest in and to ag present
and future leases of the Property and all Rents from the Property. This is an absolute assignment of(tents mads in connection with an obligation
secured by real property pursuant to California Civil Code Section 2938. In addition,Trustor grants to Lender a Uniform Commercial Code
security Interest in the Personal Property and Rents.
THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT Of RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
OF THE TRUSTOR UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GWEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust,Trustor shat)pay to Lender all amounts secured by this
Deed of Trust as they become due,and shalt strictly and in a limely manner perform as of Truusloes obligations under the Note,this Deed of Trust,
and the fated Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truustoes possession and use of the Property shag be governed
by the following provisions:
Possession and Use. Until the occurrence of an Event of Default,Trustor may (1) remain in possession and control of tha Property; (2)
use,operate or manage the Property;and (3) collect the Rents from the Property.
Duty to Maintain. Truushor shag maintain the Property In tenantable condition and promptly perform all (Volts, replacements, and
maintenance to preserve its value,
Compliance With Enviromnentaf Laws, Trustor represents and warrants to Lender that: (1) During the period of Truslor`s ownership of
the Property,there has been no use,generation,manufacture,storage,treatment,daposal,release or threatened release of any Hazardous
Substance by any person on,under,about or from the Property; (2) Trustor has no knowledge of,or reason to behave that there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental taws, (b) any
use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance on,under,about or
from the Property by any prior owners or occupants of the Property,or (c) any actual or threatened litigation or claims of any kind by any
parson relagng to such matters;and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a)
PAX E D
JUN 2 7 2006