HomeMy WebLinkAboutContracts & Agreements_146-2006_CCv0001.pdf t` Recorded in Official Records, County of San Bernardino 6/26/2006
LARRY WALKER 9:20 AM
,.,h
v �p Auditor/Controller — Recorder
RECORDING REQUESTED BY P Counter
AND MIEN RECORDED MAIL TO:
Doc#: 2006—0432204 Titles: 1 Pages: 8
CITY CLERK. Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 PAID $0.00
REDL.ANDS, CA 92373
FEES NOT REQUIRED SPACE ABOVE THIS LINE,FOR RECORDER'S USE.
PER GOVERNMENT CODE
SECTION 6103
S'f'ORMWA"I,ER 'IREA'I'MEN'I' I)EVICE, AND CONTROL, MEASURE ACCESS
AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of June, by and between
BIXBY LAND COMPANY, a California corporation ("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.-
RE,CITALS
Parties."RECITALS
WHEREAS, the Owner owns 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 connnonly known as
Research Business Park (the "Project"), the City required the Project to employ on-site control
measures to minimize pollutants in urban stonnwater runoff. and
WHEREAS, the Owner has chosen to install vegetated ;wales, drain inserts (by Kristar)
and media filters (by Storni�,vater Management Inc.) and other control measures (the "Devices")
to minimize pollutants in urban stormwater runoff; and
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Parcel No.3,Map 16686
WHEREAS. the Devices have been installed in accordance with plans and specifications
approved by the City, and
WHEREAS. the Devices beim- 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
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not necessarily limited to., filter material replacement and sediment removal is required to assure
peak performance of the Devices and that Such maintenance activity will require compliance
with all Federal. State and local laws and re(Tulations, including those pertaining g to confined
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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 Owner agree as follows:
AGREEMENT
I 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 e\ery effort at all times to minimize or avoid interference
with the 0,,Nner's use of the Property when undertaking such inspections and repairs.
14 1A P"'i
Farce i No.3,Map 16686
1 The Owner shall diligently maintain the Devices in a mani-ter consistent with the
manufacturers' recommended maintenance schedule to ensure efficient perforn-lance. 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,
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 from the twenty (20) days after the Owner's receipt of the notice of
expense until paid in full.
4, This Agreement affects the Property described in Exhibit "A-., 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 successors and assigns to the title of 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.
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Parcel No.3,Map 16686
5. In the 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.
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.
7performance of this Agreement.
Time is of the essence in the
8. Any notice to a party required or called for in this Agreement shall be served in person.,
or by deposit in the L .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
['.S.T'S.
Mail. whiche -er is earlier. A party may change notice address only by
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providing written notice thereof to the other party.
CITY 0 W--N E R
Public Works Director Bixby Land Company
City of Redlands 1200 Newport Center Drive, Suite 120
PO Box 3005 Newport Beach, California 92660
Redlands, CA 923713
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06 14 Ob 3 14 PNA -4-
Parcel No.3,Map 16686
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 City and the Owner.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS: BIXBY LAND COMPANY,
a California co oration
Jon Harrison, Mayor N ame: Wi am Halford
Its: res,*d nt
Attest:
J Name: Jaynes Wolford
its
vChief Financial Officer
Lorrie zer. City 1 rk
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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 22, 2006, before
me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of
Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer { X} personally known
to me - or - 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.
IMI//_ WITNESS my hand and official seal.
V"
R,E,
0
LORRIE POYZER, CITY CLERK
PGRA -
883
By:
Teresa Ballinger, Assistant City Clerk
F 0
(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
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: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement
Signer(s) Other Than Named Above: William Halford, President; James Wolford, Chief Financial
Officer of Bixby Land Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
Ork 5 , 2 OD�o before me, _TFI _'T1�..t,MZ ND�i"IA.`4 34"5L_
lk5L
Date Name and Title of Officer(e.g.,"Jane ,Notary Public")
I� personally appeared W 1 U_1 i ` ffA L�54D �-Y(6S LC)X)L PO
Name(s)6ff Signer(s)
[personally known to me }
i* F proved to me on the basis of satisfactory evidence
? 1 t to be the person(s) whose name(s) 4*are
subscribed to the within instrument andJ
acknowledged to me that-laelshe/they executed
t the same in WeA3e*/their authorized
capacity(ies), and that by 4icW�their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
' W S my hand and o 'C-i5li seal.
�d�t Signature of No ry P lic
4
�} 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 `
Z Title or Type of Document:
Document Date: N er of Pages:
Signer(s)Other Than Named Above: �
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
C.7 Corporate Officer—Title(s
Partner—n Limited -- eneral
CI Attorney-in-Fact
1, 0 Trustee
FJ Guardian onservator
11 Other-
,P)
ther,P)1999 National Notary Assoaatbn•9350 De Soto Ave.,PO,Box 2402 Chatsworth,CA 91313-2402-www_NattonaMaary.org Prod.No 5907 Reorder Call Too-Free 1-800-876-6827
Exhibit A
LFGAt. DESCRIPTION"
Parcel No. 3 of Parcel Map 16686, in the City of Redlands, County of San Bernardino,
State of California, as shown by Map on file in Book 212, Pages 58 through 62, inclusive, in
the office of the County Recorder of said County.
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Parcel No.3,Map 16686