HomeMy WebLinkAboutContracts & Agreements_171-2007_CCv0001.pdf Recorded in Official Records. County of San Bernardino 9/1712007
LARRY WALKER 11'21 AM
PLEASE COMPLETE THIS INFORMATION U
Auditor/Controller — Recorder
RECORDING,REQUESTED BY:
R Regular Mail
Public Works Department
,yw
Dock 2007-0532323 Titles: 1 Pages: 9
AND WHEN RECORDED MAIL TO: Fees 0.00
CLERKCITY 0.00
CITY OFREDLANDS Other 0.00
rX0.00
P.O. BOX 3005 PAID
REDLANDS CA 92373
ffES NOT REQUIRED
PER GOVERNMENT CODE SPACE ABOVE FOR RECORDER'S USE ONLY
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT
0174-241-25 & 0174-241-27
Title of Document
A A 0
Q 0(D p ID M D Q
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($100 Additional Recording Fee Applies)
(Rev. 1107:dt)
(S:/Master Ferms'Examinrng/D c Cover Sheet)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O, BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED SPACE ABOVE THIS LCAT FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0174-241-25& 0174-241-27
THIS AGREEMENT is made and entered into this 5th &y of §,e��mbe�r ,�-2007,
by and between Ford Street Partners, LLC ("Ownee'), an 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 Ford Street Office Building, 1475 Ford St, Redlands, Ca 92373 and filed as CRA 839-
PR863, the City required the Project to employ on-site control measures to minimize pollutants
in urban stormwater runoff; and
W14EREAS, the Ovvqier has chosen to install an Underground Infiltration Basin and a
catch basin filter insert(the"Devices")to mininiize pollutants in urban storm,water 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 timesuch.maintenance occurs;
Cft of R_ ends
Agrewwt Verston Jw"r 2X77
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and [Entity Legal Name of Owning
Entity] 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 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 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 Owner1s 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 writien 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, attomeys' 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. 0174-2 1-25
&
0174-241-27, 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.
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
Cit.,of Redlands
AgremWt Vatsm JWKIMY 2007
owners of all or any portion of the Property. Any owner's lidbility 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
Public Works Director Ford Street Partners, LLC
City of Redlands 36394 Escena Street
P.O. Box 3005 Yucaipa, Ca 92399
Redlands,CA 92373
9. This Agreement shall be gave ed 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 REDLAN DS: OWNER:
_zn 1Z X
Jo 'Harrison. Mayor Ford Street P wrier
Stanton J4Diamond
Attest:
Lo Poyzer, Ci /"e
Uty of Rw-flands
AqvemW Vemm Amery 2007
ALI1-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
1(
Chapter 2, Division 3, Section 40814, of the California [Government Code, on September 14, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Morrie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City
Clerk{ X} personally known to me - or - 1 1( 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.
WITNESS my hand and official seal.
0 01 ref
I.ORRIE POYZER, CITY CLERK
O
By:
IF
I 100V Teresa Ballinger, AssistairCiitykflerk
(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
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
----------—---—---------—–—-------------—---—---------
THIS CERTIFICATE MUST BE ATTACHED TO THE DO( LMENTDESCRIBED BELOW:
`fitle or Type of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement; APN 0174-241-25 and 0174-241-27
Date of Document: September 5, 2007
Si-ner(s) Other Than Named Above: Ford Street Partners, LLC, Owners, by. Stanton Jay Diamond,
Owner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County o � ss.
—_.
On� before me, /%
Date Name and Y f Offiter(e.g.,"Jane Doe,Notary Public")
personally` appeared
Narne( Signer(s)
11 personally known to me
,roved to me on the basis of satisfactory evidence
to be the persor�<whose name(e} is/ae2 subscribed
to the within instrument and acknowledged to me that
he/
.�/A�dy executed the same in his/Jj- t/fir
authorized capacit�, and that by his/pef/tjoeir
.c..s signature('on the instrument the person,(a'j, or the
MICHAEL D.BAKER entity upon behalf of which the personksl acted,
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rroriwr executed the instrument.
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WITNESS m hand and off ici eal_
Place Notary Seal.Above
Sgnature of Notary Public
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 Documen
Title or Type of Document: _ RiY7 -R7.C1,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: __.—_......_. ._... ....—_._...__ Signer's Name: ._—..._.._._
Individual ----......- -------._.._
Individual
Corporate Officer—Title(s . ____.......__................ Corporate Officer--Title(s):
Partner—::=1 Limited _, eneral Partner— Limited __? General
Attorney in Fact ( T{} }f f,Jrnr,7 f Fr Attorney in Fact
�Trp C7f thumb hr,'re
Trustee - Trustee
Guardian or nservator
Other: Guardian or Conservator
-
_. _..._. ......_— -----... i I ' Other. —. .
Signer Is epresenting: Signer Is Representing __-
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iD 2664 National Notary Association-9350 De Sate Ave P.O_Sox 2402-;;hatswooh.CA 91313-2.432 Terri Na.590? Reorder Gail Tail-Free<-86^-876-6827
Exhibit A
Legal Description
PARCEL 'I (A.P.N. 0174-0241-25);
THAT PORTION OF BLOCK 30 AND 31, OF REDLANDS HEIGHTS, IN THE CITY OF
REDLANDS,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 11,PAGE 16, OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS:
BEGINNING ON THE EASTERLY LINE OF SAID LOT 31, DISTANT THEREON 463.3 FEET
SOUTHERLY FROM THE NORTH EASTERLY CORNER OF SAID LOT;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE 722.84 FEET TO ITS INTERSECTION
WITHTHE NORTHERLY LINE OF THE SOUTH CINE-HALF OF SECTION 36, IN TOWNSHIP 1
SOUTH, RANGE 3 WEST, OF THE SAN BERNARDINO MERIDIAN;
THENCE WESTERLY, ALONG SAID NORTHERLY LINE, A DISTANCE OF 7.98 FEET TO
THENORTH EASTERLY LINE OF THAT CERTAIN STRIP OF LAND DESIGNATED AS
"SEGMENT#23"ON MAP ENTITLED "DETAIL MAP OF RELINQUISHMENT"ON FILE IN
BOOK 5, PAGE 69 OFSTATE HIGHWAY MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE ALONG THE NORTH EASTERLY BOUNDARY OF SAID"SEGMENT#23"AS
SHOWN ON PAGES 69 AND 68 IN SAID BOOK 5, THROUGH THE FOLLOWING TWO (2)
COURSES.
(1) NORTH 25° 47'49"WEST, 143.55 FEET AND
(2) NORTH 39. 09' 39"WEST, 172.98 FEET, TO THE MOST NORTHERLY CORNER OF
SAID"SEGMENT# 3".
THENCE NORTH 250 21'48" EAST, 76.43 FEET., TO THE MOST SOUTHERLY CORNER OF
THAT CERTAIN STRIP OF LAND DESIGNATED AS "SEGMENT 21"ON "DETAIL MAP O
RELINQUISHMENT"ON FILE IN SAID BOCK 5, PAGE 66 OF STATE HIGHWAY AAPS;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID"SEGMENT#21", THROUGH THE
FOLLOWING THREE (3) COURSES;
(1) NORTH 25`21'48" EAST, 200.00 FEET,
(2) NORTH 41' 24' 39"WEST, 183.25 FEET; AND
(3) NORTH 18° 25' 06"WEST, 73.71 FEET, TO THE NORTHERLY LINE OF THAT CERTAIN
PARCEL OF LAND DESCRIBED AS PARCEL"W IN DEED TO THE STATE OF CALIFORNIA
RECORDED APRIL 1, 1960 IN BOOK 5098, PAGE 541, OF OFFICIAL RECORDS;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 89° 24'00"EAST, 205.84 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM ALL MINERALS, OILS. GASES AND OTHER HYDROCARBONS
BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF
ND HEREIN ABOVE DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR
city
AWeemem Vemm J 1d4`y2007
!%j'!HINIP T Hi—,PI-IGH THE SURFACE THEREOF, AS CONTAINED IN THE DEED FROM THE
STATE OF CALIFORNIA, RECORDED MARCH 11, 1964, IN BOOK 6105. PAGE 766, OF
OFFICIAL RECORDS,
TOGETHER WITH THAT PORTION OF THAT CERTAIN STREET VACATED BY THE CITY
OF REDLANDS BY RESOLUTION NO. 3930 WHICH RECORDED DECEMBER 9, 1983 AS
INSTRUMENT NO. 83-290249, OF OFFICIAL RECORDS WHICH WOULD PASS WITH
OPERATION OF LAW.
Parcel 2 (A.P.N. 0174241-27):
THOSE PORTIONS OF LOTS 30 AND 31, REDLANDS HEIGHTS (CRAFT'S MAP)AS PER
PLAT RECORDED IN BOOK 11, PAGE 16 OF MAPS, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THAT PARCEL OF
LAND AS DESCRIBED BY THE DEED RECORDED MARCH 11, 1964 IN BOOK 6105, PAGE
766 OFFICIAL RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE OF SAID LOT
30, SAID POINT BEING DISTANT ALONG SAID NORTHERLY LINE SOUTH 83.46'48"
WEST 155.44 FEET FROM THE NORTH EAST CORNER OF SAID LOT 30;
THENCE ALONG SAID WESTERLY LINE SOUTH 25*21'48"WEST 61.54 FEET TO THE
NORTH WESTERLY LINE OF SEGMENT#23 AS SHOWN ON "DETAIL MAP OF
RELINQUI SHMENT"ON FILE IN BOOK 5 OF STATE HIGHWAY MAPS, PAGE 68, RECORDS
OF SAID COUNTY;
THENCE ALONG SAID NORTH WESTERLY LINE SOUTH 55" 32' 34"WEST 53.28 FEET;
THENCE NORTH 28" 30' 00"WEST 21,19 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 40.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE A DISTANCE OF 45.71 FEET, THROUGH A
CENTRAL ANGLE OF 65- 38' 21";
THENCE NORTH 260 58'21" EAST 50,94 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE NORTH WESTERLY AND HAVING A RADIUS OF 244.00 FEET;
THENCE NORTH EASTERLY ALONG SAID CURVE A DISTANCE OF 31.19 FEET TO AN
INTERSECTION WITH THE SOUTH WESTERLY LINE OF SEGMENT#21 AS SHOWN ON
"DETAIL MAP OF RELINQUISHMENT- ON FILE IN BOOK 5 OF STATE HIGHWAY MAPS,
PAGE 66 RECORDS OF SAID COUNTY;
THENCE ALONG SAID SOUTH WESTERLY LINE SOUTH 500 47' 17" EAST 46.28 FEET TO
SAID WESTERLY LINE;
THENCE ALONG SAID WESTERLY LINE SOUTH 250 21'48"WEST 14.94 FEET TO THE
POINT OF BEGINNING.
—My of RedanGs
AV „i VeMon JWuWy 2047
Exhibit B
Map
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