HomeMy WebLinkAboutContracts & Agreements_64-2013_CCv0001.pdf Recorded In Official Records, County o1 San Bernardino 4(0812013
RECORDING REQUESTED BY DENNIS DRAEGER 10:00 AM
City Clerk, Redlandseco a ALS
Hsoup
K ASSESSOR - RECORDER - CLERK
AND WHEN RECORDED MAIL DOCUMENT AND
67-
TAX STATEMENT TO:
R Regular Mail
NWE City Clerk Dock 2013-0142680 Tftles: 1 Pages: 8
STREET City of Redlands '�� Fees 0.00
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PO BOX 3005 0.00
Others
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nTEa Redlands CA 92373 I PAID $0.00
FE88 NOT RE UIR D PER GOVERIMENT CODE SECTION 6103
Fainbarg V, LP, APNs 0292-063-54, 55, 56 and 57 SPACE ABOVE FOR RECORDER'S USE ONLY
AGREEMENT
THIS
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(33.00 Additional Recording Fee Applies)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0292-063-54, 55, 56, AND 57
THIS AGREEMENT is made and entered into this 4TH day of January, 2013, by and
between Fainbarg V, L.P., a California limited partnership ("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 "A7 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 Redlands Corporate Center, northeast comer of Redlands Blvd. and Nevada Street and
filed as CRA 796, Rev.1 (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 bioswales and infiltration basins (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 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 Fainbarg V, L.P., a California
limited partnership, agree as 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 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 Owner's receipt of the
notice of expense until paid in full.
4. This Agreement affects County of San Bernardino Assessor's Parcel Nos. 0292-063-
54, 55, 56, and 57, 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 Redlands
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 perfon-nance 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
Fainbary V, L.P.
City Engineer c/o S & A Management, LLC
City of Redlands 129 W. Wilson Street, Suite 100
P.O. Box 3005 Costa Mesa, CA 92627
Redlands, CA 92373 Attention: Irving M. Chase, Trust Counsel
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 ED ANDS: OWNER:
FAINBARG V, L.P.
Pete Agui Mayor a California limited partnership
By: Fainbarg Controls I, LLC
a California limited liability company
Its General Partner--
Attest: By: S & A Management, LLC a
California limited liability company,
Its Manager
Sam Irwin, itv, perk P''I
By:
'�a
Allan Fainb
City d RedlaWs
Agreement Version Novennbw ,rr
,38
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 33, Section 40814, of the California Government Code, on April 2, 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) Ware subscribed to the within
instrument and acknowledged to me that heAhe/they executed the same in hisAie4their authorized
capacity(ies) and that by hisAwrAheir 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.
'�"tjjltl // ///, WITNESS my hand and official seal.
"A" - If
,� R E o
0
.......... ARTHUR S. IRWIN, CITY CLERK
........... By: LA-t
IFO Teresa Ballinger,Deputy City Oerk
(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
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Storm-water Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: January 4, 2013
Signer(s) Other Than Named Above: Fainbarg V, LP, by; Fainbarg Controls 1, LLC its General Partner:
by S &A Management,LLC its Manager by: Allan Fainbarg, Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Y,
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State of California
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} CountyOrange
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On 1/4/2013 before me_ Susan.. L. Walters, a Notary Public
� 'Jaffe Here Ensar;Name and Title of'he Officer
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personally appeared Allan Fainbarg �g
Name_(s;of Sicg serfs)
9
i
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) Is/afe
subscribed to the within instrument and acknowledged v
s= to me that he�s4iei44ey executed the same in
his, e4#+ it authorized capacity{ice}, and that by '
his/4 / +emif signature(s) on the instrument the
person(e), or the entity upon behalf of which the
person(-s) acted, executed the instrument.
SUSAN .WALTERS l certify under PENALTY OF PERJURY under the
i Commission # 1892514 laws of the Mate of California that the foregoing
Notary Public -California
Z 30 paragraph is true and correct.
Orange County
Comm.Ex ires Jul 1 ,2014
WITNESS my hand and official seal.
Signature:
lace S utary lea!arelcr t�zm Above
gra re of Notary Public
P IONA
Though the inform tion beide is not required by law, it rilatr prove valuable to persons refying on the document
and could prevent fraudulent removal and reattachment of this torte to another docu merit.
Description of Attached Document
Title or Type of Document: Stormwater 'Treatment Device and Control Leasure Access j�
Maintenance Agreement
Document Sate: 01/04/U 3 Number of Wages: 3
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signer's Carne: Allan Fainbarg Signer's army;.
Corporate`lfficer— Title(s), Corporate Officer—Title(s".
Individual Individual
Partner— Limited _:_: Cener a3 f.4 jm Partner Limited General ; Tup cf thurttld ne=e
k , ;c=c ., �r, � F
Attorney in Fact Attorney in Fact i
Trustee Trustee j
Guardian or Conservator Guardian or Conservator I
6 Other: Manager Other: I
i
{
Signer is representing: Self Signer Is Representing:
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EXHIBIT "Aff
LEGAL DESCRIPTION
BEING LOT 5, BLOCK I OF HENRY L. WILLIAMS TRACT, A SUBDIVISION OF
THE EIGHTY ACRE SURVEY OF THE RANCHO SAN BERNARDINO, LOCATED
IN THE CITY OF REDLANDS,COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AS PER PLAT RECORDED IN BOOK 11, PAGE(S) 17, OF MAPS,
RECORDS OF THE COUNTY OF SAN BERNDINO, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 5 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5, SAID CORNER
BEING THE INTERSECTION OF THE EAST LINE OF NEVADA STREET,30.00
FEET WIDE ON T14E EAST ONE-HALF, SAID EAST LINE BEING THE WEST
LINE OF SAID LOT 5 AND THE NORTH LINE OF REDLANDS BLVD,
FORMERLY COLTON AVENUE, 41.25 FEET WIDE ON THE NORTH ONE-HALF,
SAID NORTH LINE BEING THE SOUTH LINE OF SAID LOT 5;
THENCE SOUTH 89043'14" EAST 245.00 FEET ALONG THE SAID SOUTH LINE;
THENCE NORTH 00026'53" WEST 105.00 FEET ALONG A LINE PARALLEL
WITH THE SAID WEST LINE;
THENCE NORTH 89°43:14"WEST 245.00 FEET ALONG A LINE PRALLEL WITH
THE SAID SOUTH LINE TO A POINT ON THE SAID WESTLINE;
THENCE SOUTH 00026'53" EAST 105.00 FEET ALONG THE SAID WEST LINE TO
THE SAID SOUTHWEST CORNER AND THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS OF SAID LOT 5 PREVIOUSLY
DEDICATED FOR ROAD AND UTILITY PURPOSES.
SAID DESCRIPTION NOT TO BE USED FOR FEE TITLE TRANSFER PURPOSES.
SAID DECRIPTION CONTAINS 11.72 ACRES, MORE OR LESS.
ON POINT LAND SU EYING, INC. [A
PREPARED 1
L LA
C7 1).
ANTHONY D. �MlTll PLS 8133
DATE: tZhip,A-7, No. 8133
D(P. 12-31-14
CAL
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