HomeMy WebLinkAboutContracts & Agreements_167-2007_CCv0001.pdf Recorded in Official Records,County of San Bernardino 91111122:36P10�7
LARRY WALKER t.MJ
` " Auditor/Controller — Recorder
i laA ' g7GJ PtN3GCl�',
RECORDIi TG REQUESTED BY R Regular Mail
AND WHET RECORDED MAIL TO: Doc#: 2007--0523022 Titles: 1 Pages: 7
Fees 0.00
CITY CLERK Taxes 0.00
CITY OF REDLANDS I Other 0.00
P.O. BOX 3005 PAID $0.00
REDLANDS. CA 92373
FEES NOT RQIIIRrn
PER GOVERNMENT CODE SPACE ABOVE IVIS L[N1E FOR RECORDER'S USE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0169-111-20
THIS AGREEMENT is made and entered into this 10th day of August , 2007,
by and between Ayres Redlands - L.P. {"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 Ayres Hotel- Redlands at 1015 Colton Avenue and filed as CRA 840Nariance 736
(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 swales (the "Devices") to
minimize pollutants in urban storm-,ater 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,
City o;Redands
Agreement Version January 2007
NOWTHEREFORE, in consideration of the City's approval of the Project and the
promises contained herein, the City of Redlands and A-Pres Redlands - L.P. agree as
mutual
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 Owners 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
1 be exercised by the Owner and the Owner's representatives
reasonable precautions sha1
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 (.1 days of being given written notice by the City to do so,
o be taken, the City is authorized to cause any
setting forth with specificity the action t
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 (24) days after the Owners receipt of the notice of expense
until paid in full.
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 4169-111-24,
and shall be recorded in the Official Records of the County of S assigns
s a dno at i the ti
le
he
expense of the Owner and shall constitute notice to all successors and
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
3 rty and shall be binding upon future
constitute equitable servitudes that run with the Prope
s liability hereunder shall
owners of all or any portion of the Property. Any owner'
(
a
City of Redlands
Agreement Version january 2007
MW
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
Public Works Director Ayres Redlands - L.P.
City of Redlands -
P.O. Box '1005 355 Bristol Street, Suite A
Costa Mesa, CA 92626
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: OWNER: AYRES R Nos - L.P.
Name, tle:
Harrison, Mayor f`
Donald B. Ayres, J
President of Ap., Hotel Co. , Inc, General
Attest: Partner of Ayr s Redlands-L.P.
Lo ie Poyzer C' lerk.
City of Realands
s y 2407
Agreement Version Janu
ALL-PURPOSE ACKNOWLEDGNIENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the CalHif
orma Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on September 6, 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 Lorrie Poyzer, City
Clerk{ X� personally known to me - or - { } 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
RP
� �`��� Teresa Ballinger, Assistant City ,lerk
/k/,lift 1!if 110, (909)798-7531
--------------------------------------------------------------
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
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 Aareement- APN 0169-111-20
In
Date of Document: August 10, 2007
Signer(s) Other Than Named Above: Ayres Redlands - L.P., Owner; by: Donald B. Ayres., Jr..,
President of Ayres Hotel Co., Inc., General Partner of Ayres Redladns-t-P.
ALL-PURPOSE CALIFORNIA ACKNOWLEDGEMENT
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* State of California
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County Of ORANGE --
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7 before me.
On AUGUST 10, 200
JANA BEEKMAN, NOTARY PUBLIC y
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personally appeared DONALD B. AYRES, JR.
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personally known to me { to be the persoe) whose
* r subscribed to the within instrument and acknowledged to me that�i>ho try executed the
name ��
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same in 1hlsi. authorized capacity{. s), and that by i their signature} on the instrument the
person01 or the entity upon behalf of which the person(s) acted, executed the instrument.
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*OPTIONAL INFORMATION*****************
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d by law. however it may be helpful in preventing fraudulent use
The following information i5 not require
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* NROL MEASURE ACCESS AND MAINT. AGREEME
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X2004,USA Signing Services,Inc.-(soo)899-8522•www.USAsigning.com
LEGAL DESCRIPTION
PARCEL 1:
F SAN
THE NORTHEAST 114 OF LOT 27, BARTASPER PLAT RECORDED,RANCH, IN THE �N BOO.K.6 OF MAPS, PAG 19,
BERNAR€?INO) STATE ATE OF CALIFORNIA,,AS
RECORDS OF SAID COUNT'.
EXCEPT THEREFROM THE SOUTH 5 ACRES, SAID 5 ACRES BEING COMPUTED FROM THE CENTER,
I`
LINE OF NEW YORK STREET.
F SAID
ALSO EXCEPT THEREFROM THE EAST 176 FEET E CENTER L NE-OF COLTON AOF THE NO-RT H 275.25 FEET V ENU AND THE 176
1/4;SAID 278.25 FEET BEING MEASURESTD
FEET BEING MEASURED TO FEET OF THE HE CENTER INE OF NORTI-I 2�1.25 EE�'NOFESAID�NC7RTHE�tST "I/ �1U
FURTHER EXCEPT
T[-iERE-t�fi�i�i THE WEST 135 CENTERTO THE AND EXCEPT
ItiICIRTH 21 M T FEET BEI 15 MEASUEEI' O FTHE WEST 150 FET OFLINE OTHEONORTH 211.25r FEET OF THE
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THEREFROM THE EAST 1
NORTHEAST 1,4; AREAS
AND DISTANCES COMPUTED TO CENTER LINE OF ALL ADJOINING
STREETS AND ROADS,
PNIA BY
AND FURTHER EXCEPT THEREF OS THAT PORTION
NTNO. 87- 261197 RECORDS�OFEEDED TO THE STATE S AN BER ARDINO
DEED RECORDED JULY 30, CALIFO
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v COUNTY.-
THE CITY
TGGETHER WITH THAT PORTION OF NE's ORD STRE RESOLUTION F
UA Y 23, 974IN BOOK $3 3PAGE 626
COUNCIL OF THE�E C3TY OF REDLANDS, REL
OF
SAN
OF OFFICIAL RECCRDS OF SAN BERNARDIN O COUNTY.
PARCEL 2:
AN EASIiIJIENT F!OR INGRESS AND EGRESS OVER THE EAST 15 FEEL OF THE 15t7 FEET OF
THE NORTH 2'1.25`I ET OF THE NORTHEAST i 14 OF BARTON ROAD, AS PER PLAT RECORDED,
Assessor`s Parcel No: ol6S-11 1--20-6-600
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EXHIBIT B— PLAT MAP °'
355 BRISTOL STREET, SUITE A ax
y AYRES HOTEL- REDLANDS COSTA MESA, CA 92626 IKE CONSULTING ENGINEERS