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HomeMy WebLinkAboutContracts & Agreements_145-2007_CCv0001.pdf Recorded in Official Records, County of San Bernardino 8129/2007 LARRY WALKER 10'48M _�- rwiy­t'ZW Auditor/Controller — Recorder <M RECORDING REQUESTED BY m'OF R Regular Mail AND WHEN RECORDED MAIL TO: poc#: 2007—05011 Titles: 1 Pages. 8 CITY CLERK 1, Fees 0.00 Taxe0.00 CITY OF REDLANDS Omar 6.00 P.O. BOX 3005 ! PAID $0.00 REDLANDS, CA 92373 " °""� SFACE ABOVE THIS LINE FOR RECORDER'S USE SENION 5103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-341-26 THIS AGREEMENT is made and entered into this 6th day of June , 2007, by and between GRD Enterprises, LLC ("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 PCH Office Building and filed as CRA 849 (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 a bioswale (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; C,ly of nedfamos Ar reement V,mor,Januar 2007 NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and GRD Enterprises, LLC 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, 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. 0292-341-26 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 owners of all or any portion of the Property. Any owner's liability her!!under shall Oty of Reda-,,ds hnua—2C07, 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 Greg Chapman City of Redlands GRD Enterprises, LLC P.O. Box 3005 30 South Center Street Redlands, CA 92373 Redlands, CA 92373 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: O R: Jo arrison, ayor Gre hap a , ner Attest: Lom oyzer, City City of Redlands Agreement Verston January 2007 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 August 27, 2007, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie 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 - I t 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 sea]. PO LORRIE POYZER, CITY CLERK U) 18888 0 By: R- Teresa Ballinger, Assista' t City Clerk (909)798-7531 ----------------------------------------------------------- CAPACITY CLAF\/-�ED BY SIGNER(S) Individual(s) signing for oneselUthemselves 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 AVI'ACHED 'ISO THE DOCUMEN'I' DESCRIBED BELOW: Title or Type of Document: Stormwater Treatment Device and Control Measure Access and Maintenance Agreement; APN 0292-341-26 Date of Document: June 6, 200; Signer(s) Other Than Named Above: GRD Enterprises. LLC. by Greg Chapman, Owner vU N n z ALL-PURPOSE ACKNOWLEDGMENT State of California County of`°a6 C-) SS. On &I C before me, , DATE, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are 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/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. B. STARKW R_ U1 NOTARY�PUStIC•CAUFORKA SAN AEHNARUI80 COUNTY ` NOTARY'S SIGNATURE MY COMP.EXP.DEC.21,2010"' PLACE.NOTARY SEA].IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER. ❑ PARTNER(S) rlrFL (S) TITLE,OR TYPE OF DOCI.IMEN"I ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCIJMENT — SIGNER(PRINCIPAL)IS REPRESENTING: OTHER —�--- ---- NAME OF PERSONS)OR ENrITY(IES) RIGHT --- — _ THUMBPRINT ------------ OF SIGNER APA 1 i06 NOTARY BONDS,SUPPLf$S qND FORMS Ar H7`IP:i,'W W�,V.VALLEY-S[ERRACOM X2065 VALLEY-SIBRRAtNSURANCE z EXHIBIT "A" LEGAL DESCRIPTION PARCEL I OF PARCEL MAP NO. 16164, LOCATED IN THE CITY OF REDLANDS, AS PER PLAT RECORDED IN PARCEL MAP BOOK 210, OF THE COUNTY OF SAN BERNARDINO, PAGES 17 AND 18, RECORDS GETHER WITH THAT PORTION OF PLUM LANE, LYING SOUTHERLY FNAND OA JACEN TO SAID PARCEL 1, DESCRIBED AS FOLLOWS: T BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID PLUM LANE, BEING OF VARIOUS WIDTHS, AND THE CENTER LINE OF IDAHO STREET, BEING OF VARIOUS WIDTHS; THENCE NORTH 36001'36" EAST 30.25 FEET ALONG THE NORTHEASTERLY PROLONGATION OF SAID CENTER LINE OF IDAHO STREET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID SOUTHWEST CORNER BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PLUM LANE; THENCE CONTINUING NORTH 36°01'36" EAST 55.60 ALONG THE WESTERLY LINE OF SAID PARCEL 1, SAID WESTERLY LINE ALSO BEING THE WESTERLY LINE OF SAID PARCEL MAP NO. 16164 TO THE BEGINNING OF A CURVE CONCAVE TO NORTHWESTERLY AND HAVING A RADIUS OF 240.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 15036'45" A DISTANCE OF 65.40 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1 ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 16164; THENCE LEAVING SAID WESTERLY LINE, SOUTH 69°35'09 EAST 32.00 FEET ALONG THE NORTH LINE OF SAID PARCEL 1, OBEING THE SAID PARCEL MAP NO. 16164 TO AN ANGLE POINT SAID NORTH LINE; OF THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89°34'53" EAST 139.54 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTH LINE SOUTH 00°24'28" EAST 201.62 FEET ALONG THE EAST LINE OF SAID PARCEL 1 TO A POINT ON SAID NORTHERLY RIGHT- OF-WAY LINE OF PLUM LANE AND THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHEAST CORNER, SOUTH 09°37'35" WEST 32.00 ALONG A RADIAL LINE TO A POINT ON SAID CENTER LINE OF PLUM LANE AND THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 490.00 FEET, WHOSE RADIAL BEARING IS NORTH 09°37'35" EAST; PAGE 1 OF 2 PAGES EXHIBIT "A" LEGAL DESCRIPTION a THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID CENTER LINE THROUGH A CENTRAL ANGLE OF 26°26'00"A DISTANCE OF 226.06 FEET; THENCE NORTH 53056'25" WEST 50.03 FEET ALONG SAID CENTERLINE TO THE INTERSECTION WITH SAID CENTER LINE OF IDAHO STREET AND THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 0.98 ACRES, MORE OR LESS. SAID DESCRIPTION AFFECT APN 0292-341-26 `Ly�tPNL LA Mp pN L. C RSON L. STORER P.L.S. 3913 EXPIRATION DATE: JUNE 30 200 p O 8 � PLS tVa.3913 xi Exp 6-33 Kofi ca�.t�°� PAGE 2 OF 2 PAGES >w CURVE DATA EXHIBIT 'B' C I A=15°36'45° yMti R=240.00' T=32.90' L=65.40' } C2 A=26°26'00" R=490.00' T= I 15.08' N LINE PAR I L=226.06' SG9a� PM 16 164 S LINE DATA 32 OO OJ N890 34' 53"E Ll 509°37'35"W (R) 32.00' 139.54' v� NE COR NW COR PAR I PAR I W LINE PAR E LINE I PAR I PM ) 6164 PARCEL 1 SW COR P.M. NO. 16164 4i PAR i- P.M.B. 210/17-18 0 APN 0292-341-26 N POB N Ss�o N °osis �O SE COR PAR I `C2 €c C= 0 PLS No.3913 p.6.30-08 CARSON L. STORER P.L.S. 3913 � �� c EXPIRATION DATE: JUNE 30, 2008 5CALE I"=40'