HomeMy WebLinkAboutContracts & Agreements_139-2008_CCv0001.pdf PLEASE COMPLETE THIS INFORMATION Recorded in Official Records, County of San Bernardino
LARRY WALKER LARRY REQUESTED BY: 4.38 IM
Auditor/Controller — Recorder
CITY OF REDLANDS -
AND WHEN RECORDED MAIL TO: R Regular Mali
CITY CLERK Doc# 2008-0397419 Titles: 1
CITY OF REDLANDS pages: 8
Fees 0.00
P.O. BOX 3005 Taxes 0.00
R.EDLANDS, CA 92373 Other 0.00
PAID-----$e.00
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
0298-053-03 , 0298-053-04 , 0298-053-05 and 0298-053-06
Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev.9127/07-c:dt) (Word/S:/Doc Exam/Cover Sheet)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDL ANDS
P.O. BOX 3005
REDLANDS, CA 921373
FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0298-053-03,0298-053-04,0298-053-05 and 0298-053-06
THIS AGREEMENT is made and entered into this 25th day of August 2008, by and between
Larry Jacinto, trustee of the Larry Jacinto Living Trust, dated October 4, 2001, ("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 "The RV
Storage Place" CUP 928, (the "Project"), the City required the Project to employ on-site control measures to
minimize pollutants in urban storrnwater runoff, and
WHEREAS, the Owner has chosen to install Treatment Control Devices (Bioretention Basin) as shown on
the Water Quality Management Plan filed with the City of Redlands (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;
NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises
contained herein, the City of Redlands and Larry Jacinto, trustee of the Larry Jacinto Living Trust. dated October 4,
2001 agree as follows:
City of Rediands
Agreement Version January 2007
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 Director of Municipal Utilities and public works
Engineering/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.
1 In the event the Owner falls 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. 0298-053-03, 0298-053-04,
0298-053-05 and 0298-053-06 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 I 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 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
Director of Municipal Utilities and public Larry Jacinto, trustee of the Larry Jacinto Living Trust,dated
works Engineering /City Engineer October 4., 2001
City of Redlands
P.O. Box 3005 1200 E. Colton Ave.
Redlands, CA 92373 Redlands, California 92373
City of Redlands
Agreement Version January 2007
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
Agreement
by the City and the Owner.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the,-date irst written above.
CITY OF LANDS: OWNER:
717--
Jo n,May oT Czarr� iac'ini�. tr�ste: 0 Ithe Larry �a�6 Living
Trust, da c Cr 4,2001
Attest:
LorrieP/0 yzer, City,(
City of Redlands
Agreement Version January 2007
ALL-PURPOSE ACKNOWI.EDGMENT
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 August 26, 2008, before
me, Lisa Caldera, Administrative Assistant, on behalf of Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared Jon Harrison, Mayor and Lorne Poyzer, City Clerk who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isare Subscribed to
the within instrument and acknowledged to tree that he/she,they executed the same in his/her/their
authorized capacity(ies) and that by his/hentheir 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.
WITNESS my hand and official seal.
Or N'ht-'10
LORRIE POYZER, CITY CLERK
C)
-7)
U t' 1, By,
Z
Lisa Caldera, Administrative Assistant
(909)798-7531
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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
jx ) Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
-----------—--I----------------------I-----—–—------ —THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Ston-nwater Treatment Device and Control Measure Access and
Maintenance Agreement: APN 0298-053-03, 0298-053-04, 0298-053-05, 0298-053-06
Date of Document: August 25, 2008
Si-ner(s) Other Than Named Above: Larry Jacinto, trustee of the Larry Jacinto Living Trust
In
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of-__Li-2 rr7ar ��
On I-I10 ��� / ._-2/m Z before me, ,��cUr�o ��r�� ,Notary Public,
Date Here Insert Name and Title of the Officer
personally appeared frJL" ze- ',C1k'1
Name(s)of Signer(s)
proved to me on the basis o satisfactory evidence to be the
personW whose name( is afe subscribed tothe within
instrument and acknowledged to me that &sheohey
executed the same in her/their authorized
capacity(ie,&Y,and that bye/4er{#heir signatureW on the
instrument the person(}, or the entity upon behalf of
�LAUREL t LiN which the person(&)acted,executed the instrument.
ceffursSion x 118
Nowt'Public -Catifolsh I certify under PENALTY OF PERJURY under the laws of
San Bemardino Counq the State of California that the foregoing paragraph is true
My Comm.Ez fires.iut 201 17 t and correct.
WITNESS m han nd official seal.
Signature
PIace Notary Seal Above Signature of Notary Public
---------------------------------------- oprrONiU ---------------------------------------------
Though the information Below is not required by law,it may prove valuable to person retying 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 Lc>cJ7 �� �✓ PriT�L�1/r� C. �" ( Q n�ra j �dS��r P
Document Date: 4h&J 49,-1 11nPezLle-A Number of Pages:(3
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer--Title(s): ❑ Corporate Officer--Title(s):
❑ Partner-- ❑Limited❑General ❑ Partner-❑ Limited❑General
❑ Attorney-in Fact ❑ Attorney-in Fact
-Ti ustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: - Signer Is Representing:
2 0af
EXHIBIT A
LEGAL DESCRIPTION
THOSE PORTIONS OF LOTS E, F, G AND H OF TRACT NO. 7076, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 91, PAGES 43 AND 44 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, AND
TOGETHER WITH THAT PORTION OF FLORENCE AVENUE VACATED BY RESOLUTION ADOPTED BY THE
BOARD OF SUPERVISORS, SAN BERNARDINO COUNTY, AND RECORDED OCTOBER 31, 1919, IN BOOK 4,
PAGE 64 OF MISCELLANEOUS RECORDS, AND ALSO TOGETHER WITH THOSE CERTAIN ALLEYWAYS,
20 FEET WIDE,AND THAT PORTION OF WEST OPAL AVENUE VACATED BY THE BOARD OF
SUPERVISORS, SAN BERNARDINO COUNTY, BY RESOLUTION RECORDED JUNE 24, 1964, IN BOOK 6176,
PAGE 690, OFFICIAL RECORDS, AND THAT PORTION OF JASPAR AVENUE VACATED BY RESOLUTION
RECORDED JUNE 27, 1990,AS INSTRUMENT NO. 251131, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF NICE AVENUE AND JASPER AVENUE; THENCE ALONG
CENTERLINE OF JASPER AVENUE NORTH 89056"14" EAST, 68.46 FEET; THENCE SOUTH 00103'46" EAST,
33.00 FEET TO THE EASTERLY RIGHT OF WAY OF JASPER AVENUE; THE POINT OF BEGINNING;
THENCE NORTH 89°56'14" EAST, THENCE ALONG SAID RIGHT OF WAY 744.05 FEET;
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 35.00 FEET;
THENCE 54.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°0'49";
THENCE SOUTH 00°02'57" EAST, 350.13 FEET;
THENCE SOUTH 89°44'40"WEST, 244.27 FEET;
THENCE SOUTH 00°15'20" EAST, 92.69 FEET;
TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 714.49 FEET;
THENCE 369.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°36'47";
THENCE NORTH 52°26'27"WEST, 293.63 FEET;
THENCE NORTH 00°26"45"WEST, 122.57 FEET;
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 35.00 FEET;
THENCE 55.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°22'59";
TO THE POINT OF BEGINNING.
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City of Redlands
Agreement Version January 2007
EXHIBIT B
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City of Redlands
Agreement Version January 2007