HomeMy WebLinkAboutContracts & Agreements_152B-2005_CCv0001.pdf Recorded in Official Records, County of San Bernardino 5/30/2006
PLEASE COMPLETE THIS INFORMATION LARRY WALKER AR 2 PM
Auditor/Controller - Recorder
RECORDING REQUESTED BY:
City clerk R Regular Mail
City of Redlands Doc#: 2006—0368020 Titles: 1 Pages: 11
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Taxes 0.00
AND WHEN RECORDED MAIL TO: Other 0.00
City Clerk PAID $0.00
C. i_.tv of Redlands
P.O. Box 3005
Redlands CA 92373-1505
FEE" "OT REQUIRED
PER GOVEi i,' "ENT CODE THIS SPACE FOR RECORDER'S USE ONLY
SECTION 6103
Stormwater Treatment Device Access and
Maintenance Agreement.
Please re-record -as the original recording
omitted the legal description (Exhibit "A" )
Title of Document
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
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Recorded in Official Records. County of San Bernardino 810312005
LARRY WALKER LMS$ PM
"MA Auditor/Controller - Recorder
RECORDING REQUESTED BY r"
AND`VHEN RECORDED MAIL TO: � R Regular (Mall
Doc#: 2005—0565058 Titles: 1 Pages: e
CF1Y C LI1 I K Fees 0.00
#a°Y'01 RE[ I...ANDS Taxes 0.00
110 B' 300 Other
0.08
it!D. ._A^ S,CA 92373 PAID $0.00
SPACE ABOVE THIS LINE
FEES NOT REQUIRED
STORMWATER TREATMENT DEVICE ACCESS AND PER GOVERNMENT CODE
MAINTENANCE AGREEMENT SECTION 6103
THIS AGREEMENT is made and entered into this 26th day of—July, 2005 by and
i_7oz�otl-t�.> Secl,resc Living. 'I'rssr
bem een hereinafter referred to as "Owner," and the City of
Redlands, a municipal corporation,hereinafter referred to as "City."
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 known as Tract
16907 (the "Project") for the Property, the City required the Project to employ on-site
control ineasures to minimize pollutants in urban stormwater runoff; and
WHEREAS, the Owner has chosen to install vegetated swales
hereinafter referred to as the"Device,"as an on-site control measure to minimize pollutants in urban
stormwater runoff-, and
WHEREAS, the Device has been installed in accordance with plans and specifications
approved by the City; and
WHEREAS, the Device, being, installed on private property and draining only private
property, is a private facility 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 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 the Owner agree as follows:
AgreementsUaln't AgraintI.vipa 2
AGREEMENT
The Owner hereby provides the City and its designees with full right of access to the Device
and its 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 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 repairs.
2. The Owner shall diligently maintain the Device 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 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 oft e notice of expense until paid in full.
Agreernentsfkla4,a Agrrnnti wpd 3
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
fall to perforin its obligations under this Agreement, the City may, in 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 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 herein undertaken shall constitute
covenants that run with the Property and shall constitute a lien against the Property.
Agreerneras,'Mainit Agrrnnt1,w;)d 4
S, 'I'he oblit4ations herein under-taken shall be binding upon the heirs, successors, executors,
administrators and assigns of the parties hereto. The tenn"Owner"shall include not only the
04N,,ner.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 th U.S. Mail, first class postage prepaid, to the address set forth below.
-NNotice(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
Nv,r tten notice thereof to the other party.
CITY OWNER
Public Works Director Dorothy Sechrest Living Trust
City of Redlands Co-Trustees : Wayne Wyllie & LaRita Craw
PO Box 3005 P.O. Box 319
Redlands, CA 9237/3 Redlands, CA 92373
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ll. 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
"Titten above.
CITY OF REDLANDS OWNER:
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Per, Mayor Co-Ttee: Wayn Wyl 1 i ey
Attest;
Lo e Poyzer, Cl e Co-Trustee: LaRita Craw
0
JOSEPH
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NOBLIC-CALIFORNIA O
SAN COUNTY0
COXP..tiRNE 1,2007'A
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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 July 26, 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 Xj 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 up+on.
behalf of which the persons acted, executed the instrument.
f R So WITNESS my hand and official seal.
Al
LORRIE POYZER, CITY CLERK
1888
By ILI
........ .56"
Beatrice Sanchez, Deputy City Clerk
1/1111 fit 1110111111% (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 Access and Mtce Agmt
Date of Document: July 26, 2005
Signer(s) Other Than Named Above: Wayne Wyllie and LaRita Craw
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss,
County of
Onbefore me
"'d T;71e ol Ofl,(e, 9
Z4
personally appeared LA 2,ig
personally known to me
proved to me on the basis of satisfactory
evidence
to be the personLs) whose names) is/fie
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/Haji
- - - - - - - signature(s) on the instrument the person 01
JOSEPH OLMO the entity upon behalf of which the personCOMM.*1421648
NOTARY PUBLIC-CALI FORNIA acted- executed the instrument
SAN N BERNARMNO COUNTY 0
COMM.CEXP.JUNE 1,2007'A
SS my hav6-a
_d official seal.
Pico T Iota, of Oar,Ptwi,,
OPTIONAL
Though the information below is not recloired by law it may prove valuable to persons relying on the document
and could prevent fratiduleof removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date. 7 ------__--- Number of Pages.
SZ gn (s Other Than Named Abovp�
1 er .... .... ------
Capad 'es) Claimed by Signer
Signer's Name
Individual MuMi,#r,
Corporate Officer Title(
Partncr— Limited General
Attorney in Fact
V Trustee
I Guardian or Conservator
Other
Signer is Representsf-iu
Exhibit"A"
Real property in the City of Redlands, County of San Bernardino, State of California, described
as follows:
Lots I through 9 of Tract 16907 in the City of Redlands, County of San Bernardino, State of
California.
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