HomeMy WebLinkAboutContracts & Agreements_169-2007_CCv0001.pdf Recorded in Official Records. GountV of San Bernardino
9/13/2007
[M LARRY WALKER 4:29 Pm
Auditor/Controller — Recorder BS
RECORDING REQUESTED BY � R Regular Mail
AND WHEN RECORDED MAIL TO:
Doe#: 2007—052$633 Titles: 1 Pages: 10
Fees 0.00
CITY CLERK
Taxes @.@@
CITY OF REDLANDS
PO BOX 3005 Other @ @@
REDLANDS,CA 92373 PAID �@ @@
0)`t REQUI'R
PER GOVERNMENT CODE
SECTION 5103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL :MEASURE ACCESS AND
MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0292-153-11 & 0292-153-17
THIS AGREEMENT is made and entered into this 25th . day of June _, by
and between ALLAN A. FAINBARG & SARA FAINBARG, CO-TRUSTEES OF THE
FAINBARG TRUST 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" and Exhibit "B," which is attached hereto and incorporated herein by this
reference; and
WHEREAS, at the time of approval of the development project known as ENTERPRISE
RENT-A-CAR located at 1930 W. PARK AVENUE (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 FOSSIL FILTERS, INFILTRATION
BASINS, CULTEC SYSTEM and VEGETATED SWALES hereinafter referred to as the
"Device" and other control measures to minimize pollutants in urban stormwater runoff; and
Redlands Maintenance Agreement V4 doe I
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
therefore 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 and the Owner agree as follows:
AGREEMENT
I 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.
Redlands Maintenance Agreement V4.doc 2
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.
Redlands Maintenance Agreement V4.doc 3
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.
Redlands Maintenance Agreement V4.doc 4
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
Public Works Director
City of Redlands
PO Box 3005
Redlands, CA 92373
WNER
Allan a, Fainbarg& Sara Fainbarg, Co-trustees of the Fainbarg Trust
1429 Magnolia
Redlands, CA 92373
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
and signed by City and Owner.
With Copy To:
Allan Fainbarg, Trustee
FAINBARG FAMILY TRUST, UTI April 19, 1982
C/O S & A PROPERTIES
129 W. Wilson Street, Suite 100
Costa Mesa, CA. 92627
Attention: Irving M. Chase
Redlands Maintenance Agreement V4.doc 5 (949) 722-7400
(949) 722-8855 FAX
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS OWNER:
F
�Jn HAllan A. Fainbarg, Co-T stee
Sara Fainbarg, Co-Truee
Attest:
r
Lorri�o'Poyzer,/ Ierk
Redlands Maintenance Agreement V4,doc 6
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3., Section I IS I, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on September 10, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Loirie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City
Clerk{ X} personally known to me - or - 1 1 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.
WITNESS my hand and official seal.
...... LORRIE POYZER, CITY CLERK
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Teresa Ballinger, Assistant Cit Clerk
/ 0/n,11!110 (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
jxj 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 0292-153-11 & 0292-153-17
Date of Document: June 25, 2007
Si,,nerts) Other Than Named Above: Allan A. Fainbarc, and Sara Fainbarg, Co-Trustees of the
Fainbarg Trust, Owners
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Orange
On August 28, 2007 before me, Susan L Walters, a Notary Public ,
Date Name and ittle of officer(e.g.,'Jane Doe,Notary Pubic')
personally appeared Allan Fainbarg and Sara Fainbarg
Name(s)dt Signer(s)
fs personally known to me
proved to me on the basis of satisfactory
i
evidence
to be the person(s) whose name(s) islare
6, subscribed to the within instrument and
�s acknowledged to me that htshrc/they executed `
S' the same in #+slhefitheir authorized
` ca acit les and that by their
caftsitilic signature(s) on the instrument the person(s), or 3
the entity upon behalf of which the person(s)
i
10,201 acted, executed the instrument.
WIT S my hand and official s ai. 2
ih ch,
T_ re Nota 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 Document
Title or Type of Document: Stormwater Treatment Device and Control Measure
Access and Maintenance Agreement
Document Date: June 25 2007 Number of Pages: 9
Signer(s)Other Than Named Above: none
Capacity(ies) Claimed by Signer
Signer's Name: Allan Fainbarg and Sara Fainbarg
11 Individual top of thumb here
Corporate Officer—Title(s):
0 Partner—G Limited C General
L7 Attorney-in-Fact,'
Trustee
L Guardian or Conservator
V Other: Co–Trustee
Signer Is Representing:. Themselves
1999 National Notary As,o atttrn-9350 On Soto Ave,,PO Box 2402•Chatsworth,CA 91313-2462•w.vw.NaWnalNotaryorg Prod.No-5907 Reader.Call Toll Free 1-600-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF THE SOUTHEAST Y, OF BLOCK 4, BARTON RANCH, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 6 PAGE 19 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST Y OF BLOCK 4, SAID
POINT BEING ON THE CENTERLINE OF PARK AVENUE;
THENCE NORTH 00" 39" 47"WEST ALONG THE WESTERLY LINE OF SAID SOUTHEAST Y4
OF BLOCK 4, 40.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF PARK
AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 000 39' 47"WEST, 626.95 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST '1 OF BLOCK 4;
THENCE SOUTH 890 48' 00" EAST ALONG THE NORTHERLY LINE OF SAID SOUTHEAST 'I
OF BLOCK 4, 328.50 FEET TO THE NORTHWEST CORNER OF PARCEL 3 OF PARCEL MAP
5821 AS SHOWN BY A MAP RECORDED IN BOOK 60, PAGE 84 OF PARCEL MAPS,
RECORDS OF SAID COUNTY;
THENCE SOUTH 00' 40' 24" EAST, ALONG THE WESTERLY LINE OF PARCEL 3 AND 2 OF
SAID PARCEL MAP, 366.34 FEET TO A POINT THE NORTH LINE OF THE SOUTH 300.00
FEET OF SAID SOUTHEAST 'l OF BLOCK 4;
THENCE NORTH 89° 54' 07"WEST ALONG SAID NORTH LINE, 150.01 FEET TO A POINT ON
THE WEST LINE OF THE EAST 150.00 FEET OF SAID SOUTHEAST 1/40F BLOCK 4;
THENCE SOUTH 00' 40' 24" EAST ALONG SAID WEST LINE, 260,02 FEET TO A POINT ON
SAID NORTHERLY RIGHT-OF-WAY LINE OF PARK AVENUE;
THENCE NORTH 89° 54' 07"WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 178,60
FEET TO THE TRUE POINT OF BEGINNING.
THE AREA OF THIS LOT IS 166,866 SF (3.83 ACRES) MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART THEREOF.
THIS DOCUMENT WAS PREPARED UNDER SUPERVISION OF:
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2313 E. Philadelphia St., Ste. F. B. ONTARIO, CA 91761
SOUTHWEST CORNER Of VE OPMEN T (909) 930-1466
OF THESE 114 OFLOT 4 AVESIGN FAX (909) 930-1468
CORPORA TION PLANNING - CIVIL - SURVE'YlNG
DATE: ISCALE: SHEET: JOB NO. LINE
05/11 1 0 4282 ADJUSTMENT
I SHEET:
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