HomeMy WebLinkAboutContracts & Agreements_177-2011_CCv0001.pdf Recorded In Official Records,County of San Bernardino 11/21/2011
DENNIS DRAEGER 3:08 PM
ASSESSOR — RECORDER — CLERK NC
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
Doc#: 2011 0497175
Titles: i Pages: 7
CITY CLERK Fees
CITY OF REDLANDS h9h'-
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUMED
PER GOVERNMENT CODE
SEC110N 6103
SPACE ABOVE THIS LINE FOR RECORDER's USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0174-252-19
THIS AGREEMENT is made and entered into this 77 day of k7yoEii-- , 2011,
by and between Congregation Emanu El, A California Nonprofit Religious 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 Congregation Emanu El, 1495 Ford Street Redlands, CA 92373 and filed as CUP 965
(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 Treatment Control Devices (Bioretention Basin)
(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
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
City of Redlands
Agreement Version Novemoer 2008
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 and Congregation Emarm El, A
California Nonprofit Religious 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.
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 Owner's receipt of the notice of expense
until paid in full.
4. This Agreement affects County of San Bernardino Assessor's Parcel No. 0174-252-19,
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.
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.
City of Redlands
Agreement Vorsion November 2-W8
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 Jullianne Strain
President
Congregation Emanu El, A California
City of Redlands Nonprofit Religious Corporation
P.O. Box 3005 1495 Ford Street
Redlands, CA 92373 Redlands, CA 921373
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:
Pete Aguilar, Mayor
,/julianne Strain
President
Congregation F In anu El, A California
Z�
Nonprofit Religious Corporation
Attest.-
Sam lrwin_�(!Tiv (--J6rk
City of Redland's
Agreement Version November 2008
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF DLANDS
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 November 1, 2011, before
me, Teresa Ballinger, Administrative Assistant, on behalf of Sarn Irwin, City Clerk of the City of
Redlands, California, personally appeared Pete Aguilar, Mayor, and Sam Irwin, City Clerk, who proved
to me on the is of satisfactory evidence to be the person(s) who natne(s) is/are subscribed to the
within instrument and acknowledged to me thathePsh&they executed the satne in hisAwrtheir authorized
capacity(ies) and that by hisllwrAheir signature(s) on the instrument the pe ns), 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-
R
WITNESS my hand and official seal.
SAM IRWIN, CITY CLERK
'cop, 0
1888
41POR
BY c
11011111M lUffi\ "fere Ballinger,AAssistant
(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
jxj Other
Tifle(s): Mayor and City Clerk
Entity Represented: City,of Redlands, a municipal corporation
THIS CERTIFICATE MUST BEATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Storrnwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: October 27, 2011
Signer(s)Other Than Named Above: Julianne Strain, President,Congregation Emanu El,a California
Nonprofit Religious Corporation
CALIFORNIA ALL PURPOSE ACKNOWLEDEGMENT
STATE OF CALIFORNIA
w
COUNTY OF0
r
On 0f before me,
�l t
(here insert name and title-of the officer)
, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
irme subscribed to the within instrument and acknowledged to me that
y executed thesame ink' .her taeir authorized capacity' , and that by
r signatur on the instrument the personksy or the entity upon behalf of
which the person cted,executed the instrument. t
C isicn 189949
0
I certify under PENALTY OF PERJURY under the laws of the state of
rotary public-California
r� rdi County
California that the foregoing paragraph is true and correct. fifes Seg 10.
2014
WITNESS my hand and official seal.,,
Signature
(This area for official notarial seal)
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_
Document Date:
Number of Pages. (Not including this page)
Signer(s) Other Than Named Above:
EXHIBIT A
(Le-gal Description)
PARCEL 2. PARCEL MAP NO.654G. |NTHE CITY OFREDLANQ8. COUNTY DFSAN BERNARD|NO.STATE OF
CALIFORNIA,AS PER MAP RECORDED |NBOOK 150 OFPARCEL MAPS, PAGES 8SAND 90. RECORDS OF
SAID COUNTY,TOGETHER WITH THAT PORTION OF PARCEL 1 OF SAID PARCEL MAP DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 2, SAID POINT BEING COMMON TO
PARCEL'S I AND 2,AS SHOWN ON SAID PARCEL MAP,THENCE NORTH 61-48,47 EAST(RECORD NORTH
62'00'00" EAST PER SAID PARCEL MAP)45,39 FEET ALONG THE SOUTHERLY LINE OF PARCEL 1 TO THE
POINT OFBEGINNING: THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH G1^48'47rEAST
139,53FEET TOTHE BEGINNING OFACURVE CONCAVE SOUTHWESTERLY HAVING ARADIUS[/F18&08
FEET: THENCE EASTERLY AND SOUTHERLY 273.34 FEET(RECORD 273,32 FEET PER SAID PARCEL MAP)
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87-00'2U'(RECORD 87'00'00 PER SAID PARCEL
MAP)TOTHE END OFSAID CURVE, SAID POINT DESIGNATED ASPOINT^A^; THENCE ALONG THE
TANGENT LINE OFSAID CURVE NORTH 31~1D'53^WEST(RECORD NORTH 31"OO'O0~WEST PER SAID
PARCEL MAP)4.87 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 229,86 FEET; THENCE NORTHWESTERLY 70.29 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 17*31'10"TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS 0F2O1.5OFEET,ARADIAL LINE TDSAID BEGINNING HAVING ABEARING OFNORTH 41,17'57^
EAST; THENCE WESTERLY AND SOUTHERLY 291.07 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 82'45'53"TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS DF1S8.17FEET,ARADIAL LINE TOSAID BEGINNING HAVING ABEARING OFNORTH 41~27'56^
WEST; THENCE SOUTHWESTERLY 41.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
12~DS'50^� THENCE SOUTH 3G~22'14^WEST 33.83FEET TOTHE POINT OFBEGINNING.
ALSO,TOGETHER WITH THAT PORTION OFSAID PARCEL 1DESCRIBED ASFOLLOWS:
COMMENCING AT SAID POINT"A",THENCE ALONG SAID SOUTHWESTERLY LINE OF PARCEL 1 SOUTH
31~1O'53^ EAST B5.QbFEET(RECORD SOUTH 81~0O'O0^ EAST 96.8OFEET PER SAID PARCEL MAP)TOTHE
BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 240.00 FEET; THENCE
SOUTHEASTERLY 36.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8*37,55"TO THE
BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 240.00 FEET,A
RADIAL LINE TOSAID BEGINNING HAVING ABEARING DFSOUTH 87^2T02~WEST AND SAID POINT BEING
THE POINT OFBEGINNING: THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTHEASTERLY 5O.38FEET
ALONG SAID CURVE THROUGH ACENTRAL ANGLE OF12~1O'13^; THENCE SOUTH 34~43'11~EAST 154.2O
FEET- THENCE SOUTH 36'37'41"EAST 96,86 FEET TO THE NORTHERLY RIGHT OF WAY OF GOLDEN WEST
DRIVE,G4.00FEET|NWIDTH,ASSHOWN 0NSAID PARCEL MAP: THENCE SOUTH 15^55'22^EAST O4.00
FEET TOTHE SOUTHERLY RIGHT 0FWAY OF GOLDEN WEST DRIVE, SAID POINT BEING THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 786.44 FEET,A RADIAL
LINE TO SAID BEGINNING HAVING A BEARING OF NORTH 15'55'22"WEST� THENCE SOUTHWESTERLY
73,77FEET ALONG SAID CURVE THROUGH ACENTRAL ANGLE 0F5^22'2Q^ - THENCE LEAVING SAID
CURVE NORTH 21"1751^VVEST84.00FEET ALONG ARADIAL BEARING OF SAID CURVE T0THE
NORTHERLY RIGHT OF WAY OF GOLDEN WEST DRIVE AND THE SOUTHWESTERLY CORNER OF SAID
PARCEL 1; THENCE NORTH 34^4D'54^WEST 58.77FEET(RECORD SOUTH 34~3U'07EAST 58.78FEET PER
SAID PARCEL MAP)ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1 TO THE BEGINNING OF A
CURVE CONCAVE EASTERLY HAVING ARADIUS DF24U,OOFEET; THENCE NORTHERLY 144'1UFEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34'24'09"TO THE BEGINNING OF A REVERSE
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 240.00 FEET,A RADIAL LINE TO SAID
BEGINNING HAVING ABEARING OFSOUTH 89^43'15^VVE8T; THENCE NORTHERLY Q3.2AFEET ALONG
SAID CURVE THROUGH ACENTRAL ANGLE OF22~1G'13^TOTHE POINT OFBEGINNING.
AREA: 4,A0ACRES(NET)
THIS LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE NO- LLA 502,APPROVED BY
THE CITY OFREDLANDSONAPRIL 1g.20D6AGINSTRUMENT NO, 2O06-O3O6O14.QFFC
LAND
KS
No,3973
EmV.JUN 30,2012
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f _ _ CURVE DATA TABLE_ EINE DATA TABLE
CURVE _ DELTA RADIUS_ TANGENT LENGTH LINE BEARING DISTANCE
C1 87°00'20'" mt&0.00' 170.83' 273.34 —[1 61*48'45 45.33"
C2 17'31'10" 229.86" 35.42' 70,29'W L2 _. N61"48'47""E 139,53'
N _.C3 82°45'53" _.
W20150' 177 5_4' 291.07' 3_ N31°10N#'53" 4,87'
C5 Ota°37'55" 240.00' 18.11' 36.16' L5 531°10�F
C4 12°09'50" 196,17' 20.90' 41.65' L4 536 22'fi4'W _ 33.83'
f'AE�'I:E:L MAP .
N0 173;33 _C6 12"10'13" 240.00' 25..59' 50.98' !_6 �S34"4311k:E T 1`x420'
P.M.L. 222/77- 80 — _._
�s C C7 05'22'29" 786.44' 36,91'--7.3.77' t.7 S36°37'41'E� 96.86'
C8 34"2.4'O9'" 24C,00' 74,30' 144.10' Lia 515 55 22"E 64,00'
C9 22°16'13" 240.004T27 93.29' L9 N21°1 X 51'°W 64.00' _
( �LI O N34°40`a4'W 58,77'
�
LEGEND
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