HomeMy WebLinkAboutContracts & Agreements_207-2013_CCv0001.pdf RECORDING REQUESTED BY Recorded in Official Records, County of San Bernardino 10/01/2013
City Clerk, Redlands DENNIS DRAEGER 2:44
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AND WHEN RECORDED MAIL DOCUMENT AND .;„Mi„Ax ASSESSOR - RECORDER - CLERK BN
TAX STATEMENT M.
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City Clerk Dock 2013—0428337
Titles: 1 Pages: 8
STREV City of Redlands
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FEES NOT IR D PEP GOVERffRENT CODE SECTION 62 3
Stormwater Treatment Device Agreement SPACE ABOVE FOR RECORDER'S USE ONLY
APN 0169-121-11
AGREEMENT
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0168-121-11
THIS AGREEMENT is made and entered into this Ovct" day ofPKICtv_%-�—
2LIL,a, by and between Bruch Creek Ranch Company Inc., a Californiad 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."
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 Tentative Tract Map No. 18882, southwest comer of San Bernardino Avenue and
Dearborn Street and filed as Conditional Use Pen-nit No. 1010 (the "Project"), the City,
required the Project to employ on-site control measures to minimize pollutants in urban
stomiwater runoff, and
WHEREAS, the Owner has chosen to install pervious pavement and bioretention
areas (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
City of Recriands
Agreement Version November 2048
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 Bruch Creek Ranch Company Inc., a
California corporation, 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 the
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.
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, twenty (20) days after the Ovvrner's receipt of the
notice of expense until paid in full.
4. This Agreement affects County of San Bernardino Assessor's Parcel No. 0168-121-
11, 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 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.
City of Rediands
Agreement Version November 2008
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
City Engineer Brush Creek Ranch Company
City of Redlands Attn: Mark Cernich, President
P.O. Box 3005 30 Beacon Bay
Redlands, CA 92373 New-port Beach, CA 92660
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
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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 REDANDS. OWNER:
Pete AguilW. Mayor M emich, President
Brush Creek Ranch Company
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Attest: SEE ATTACHED
4Samv Clerk
G;ty of Redlands
Agreement Version November 2008
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 September 25, 2013,
before me, Teresa Ballinger, Deputy City Clerk, on behalf of Arthur S. Irwin, City Clerk of the City of
Redlands, California, personally appeared Pete Aguilar, Mayor, and Arthur S. Irwin, City Clerk, who
proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)isiare subscribed to
the within instrument and acknowledged to me that e/they executed the same in his4wr4their
authorized capacity(ics) and that by his4wr4their 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.
(p
ARTHUR S. IRWIN,CITY CLERK
F 0 B
Teresa Ballinger,Deputy C4 Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneselVthemselves
Corporate Officer(s)
Title(s)
Company
I I Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: to water Treatment Device and Control Measure Access and
Maintenance Agreement
Property Address: APN 0168-121-11
Date of Document: August 26, 2013
Signer(s)Other Than Named Above: Mark Cernich,President of Brush Creek Ranch Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
c
State of California
County ofy �µ
On �� ��before me,
Date Here Insert Oka and Title of the Officer
personally appeared a� ��!✓t c
Name(s)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(e whose name,O is/art
subscribed to the within instrument and acknowledged
to me that he/sheAl4egr executed the same in
his/herA heir authorized capacity), and that by
his/h@OtiTeir signature(ot ) on the instrument the
person(a), or the entity upon behalf of which the
person(,%yacted, executed the instrument.
" '` I certify under PENALTY OF PERJURY under the
F., SEAN ANGIER � laws of the State of California that the foregoing
COMM,#1875700 paragraph is true and correct.
V NOTARY RUWC•CALWORNIA ..�
Ca COUNTY OF ORANGE CS
My Comm.Expires Januwy 3,2014 WITNESS my hand d official seal.
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Signature:
Place Notary Seal Above Signature of No uble
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document i
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: faC c�k d c� j `
Document Date: Number of Pages:
i
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ _ Signer's Name:
❑ Corporate Officer — Title(s):_ _ Cl Corporate Officer — Title(s):
[-1 Individual ❑Individual
Partner — _. Limited [--I General Top of thumb Here C.i Partner--- Fj Limited ❑General1 - f trumb here
LE Attorney in Fact ❑Attorney in Fact
❑ Trustee C7 Trustee
-f Guardian or Conservator O Guardian or Conservator
Li Other: [:-1 Other:
-- _ C
Signer Is Representing: Signer Is Representing: ____
2010 National Notary Asscriafion•Nat4oraiNotary.org-1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION
THE WEST ONE-HALF (1/2) OF THE EAST ONE-HALF(1/2) OF THE
NORTHEAST ONE-QUARTER(1/4) OF THE NORTHWEST ONE-QUARTER(1/4)
OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO
BASE AND MERIDIAN,IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL
GOVERNMENT SURVEY THEREOF.
EXCEPTING THEREFROM THE INTEREST CONVEYED TO THE CITY OF
REDLANDS BY GRANT DEED RECORDED JANUARY 26, 1924 IN BOOK 825
PAGES 371 AND 372 OF DEEDS.
SAID DECRIPTION CONTAINS 9.71 ACRES, MORE OR LESS.
ON POINT LAND SURVE NG, INC. q�PL LA
4
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PREPARED BY: o�i a• l���
ANTHONY D. I , PL 8133
DATE: UP. 12-31-If
9
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