HomeMy WebLinkAboutContracts & Agreements_217-2005_CCv0001.pdf Recorded in Official Records, County of San Bernardino 11/03/2005
LARRY WALKER 4:46 PM
C� BGS
x Auditor/Controller — Recorder
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
Doc#: 2005—0831 840 Titles: 1 Pages: 10
Fees 0.00
CITY CLERK Taxes 0.00
CITY OF REDLANDS Other 0.00
PO13OX 3005 PAID 60.00
REDLANDS,CA 92373
FEES NOT REQUIRED
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT
(APN 0168-151.10)
THIS AGREEMENT is made and entered into this 2 day of Aug, 2005 ,by and
between Anton Merle Jr. & Theresa.Merle Trustees of the Merle Trust hereinafter referred to as
"Owner," and the City of Redlands,a municipal corporation, hereinafter referred to as "City."
RECITALS
WHEREAS, the Owner ovens 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 CUP No. 112
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 detention basin and a waster quali1y inlet,
hereinafter referred to as the "Device" and other control measures to minimize pollutants in urban
storrnwater 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 Anton Merle, Jr. & Theresa Merle Trustees
of the Merle Trust agree as follows:
AGREEMENT
1. The Owner hereby provides the City and its designees with fall 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
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Agreeme-ts/WMt Agr-nt r#
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
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AgreeffwnWWint Agrmtuff
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 he-rein undertaken shall
constitute covenants that run with the Property and shall constitute a lien against the
Property.
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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 Anton Merle,Jr. &Theresa Merle
City of Redlands Trustees of the Merle Trust
PO Box 3005 1251 E. Lugonia Ave
Redlands,CA 92373 Redlands, CA 92374
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:
A
-171 k/
Sus Peppier, Mayor Anton Merle, Jr. Trustee)
'
Trustees o-E the Merle Trust
Attest:
f
Corrie Poyzer, r Theresa Mer
Trustees of the Merle Trust
AgreerneaL&-Storm%kater Treamxnt Device.wpd 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 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on August 2, 2005,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer I X} personally
known to me - or - t I 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.
V, FEt)4 %
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LORRIE POYZER, CITY CLERK,
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By:
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Beatrice, Sanchez, Dq'-uty C-1 k
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(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
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: Storrnwater Treatment Device Access & Mice Agmt
Date of Document: August 2, 2005
Signer(s) Other Than Named Above: Anton Merle Jr. &Teresa Merle
Z-1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
FState California
Los Ancteles
On Jtt.ne- _. J, before me, Michelle Bae, Notary Public
JA DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' Al
personally appeared / ''�t y�e.,Sr. � `zitere a- ✓�e.�
AME(S)OF SIGNER(S)
❑ personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i re
s subscribed to the within instrument and
knowledged to me that h rja
executed �'
a5 the same in � thethoriz
capacity(ies), and tha y hi eir ay
signature(s) on the instrument the pers
{
or the entity upon behalf of which the ;R
MfCNELIE 8AE person(s) acted, executed the instrument.
COMM. #1373092 'Y
NOTARY P LIBLIC-CA1 lFflR IA
LOS ANGELES COUNTY to
` 'y NfyComm.Expires 0et.2.2t WITNESS my hand and official seal.
€ SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent `
fraudulent reattachment of this form.
I
R
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
4
❑ INDIVIDUAL (� �
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❑ CORPORATE OFFICER O vk Y-ni
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TITLE C�JYPE OF QOCUMENT
TITLE(S) CC S 5 o+.-a F--(Q�ff�'.�? K'a-0CQ__A
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEES)
GUARDIAN/CONSERVATOR ! .
v ❑ OTHER:
DATE OF DOCUMENT
4
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) .�' Z-0
SIGNER(S)OTHER THAN NAM913 ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7134-Canoga Park,CA 91309-7184
Exhibit"X`
All that real property located in the City of Redlands,County of San Bernardino, State of
California,described as follows:
Commencing at the centerline intersection of Lugonia Avenue and Grove Street, said point also
being the True Point of Beginning;
Thence,N 00-41'47" E,along the centerline of Grove Street, 1318.15',to the centerline
intersection of Grove Street and Pennsylvania Avenue;
Ibence,N 8958'07"W,along the centerline of Pennsylvania Avenue, 150.90';
Thence, S 00-41'44"W, 1318.22',to a point on the centerline of Lugonia Avenue;
Thence, S 89'59'39"E,along the centerline of Lugonia Avenue, 150.88',to the True Point of
Beginning.
Excepting those portions lying within the city right-of-way.
�ES
71
1-2006
Cra
OF CAL
EXHIBIT "B"
918
'" .... S 00`41"44" W 1318.22' .` .... �.
w� � -"' 132 166 167 1118 169 170 17f 172 173 174 175 176 177 178 179 1 80 181 182 R
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ci 00
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GROVE STREET N 00"41'47" E 1318.15'
d d d
T.P.O.B.
� NO. 30171
EXP MAR 31, 2t>06 TUTTLE ENGINEERING
800 E. LUGONIA AVE., SUITE K
OF cREDLANDS, CA 92374
SCALE 1"= 150' (gas) 798-6785
PUBLIC WORKS DEPARTMENT
EDL NDS Engineering Administration Division
MEMORANDUM
TO: Lorrie Poyzer, City Clerk
FROM: Tom T. Fujiwara, Assistant Public Works Director
DATE: October 26, 2005
SUBJECT: Stormwater Treatment Device Access and Maintenance Agreement for
CUP No. 172 (Rev. 2) - 1251 E. Lugonia Avenue, Lugonia Fountains
APN 0168-151-10
Attached is a signed and notarized original of the Stormwater Treatment Device Access and
Maintenance Agreement for CUP No. 172 project located at 1251 E. Lugonia Avenue. The name
on the notary has been corrected to respond to the letter from the County Clerk's Office. Since
the document has been signed by the Mayor previously, it is ready to be forwarded to the County
Recorder's Office. Please forward a copy of the recorded Agreement to the Public Works
Department for our records.
TTF:tf
FILE: CUP NO- 172