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Home My WebLink AboutContracts & Agreements_145-2006_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/2612006 9:20 AM LARRY WALKER BN Auditor/Controller — Recorder RECORDING REQUESTED BY �r AND WHEN RECORDED I AIL TO: P Counter CITE' CLERK Doc#: 2006—0432203 Fees 0.00 Titles: i Pages: s CITY OF REDLA'.`U'DS Taxes 0.00 P.O. BOA 3005 Other 0.00 RE DLA SIDS. CA 92'373 111111111111111111111111111111 PAID $0.00 FEER PERN11T t9ENT COBE SPACE';ABOVE THIS LINE FOR RECORDER'S USE GOVERSECTION 6103 S`FORMWA,rER 'I'REA'I'ME'N'I' I)EVICE AND CONI"ROI, MEASURE ACCESS AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 20th day of June, by and between HATHAWAY VENTURES, RBC-I, INC., a California.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 "Patties." RECITALS WHEREAS. the Owner owns real property ("Property") in the City specificalty 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 connmonly known as Research. Business Parr (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 vegetated swales, drain inserts (by K.ristar) and media titters (by Stormwater Management. Inc.) and other control measures (the "Devices") to minimize pollutants in urban stormwater runoff, and 1441 ^,i]zT LTT '`B iRV jr— '- Parcel No.2, 'Tap 16686 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 peak performance of the De=ices 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 Owner 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 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 Ovrner*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. ,A4 %VIE, 'Nb »:•!"A Parcel No.2,Map 16686 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 mariner 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. maintenance required by this In the event the Owner fails to perform the necessa n,, 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 from the twenty (210) days after the Owner's receipt of the notice of expense until paid in full. 4. This Agreement affects the Property described in Exhibit ..A'*, 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 of 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. -B!RV 4�9,017 1 ,441 0001 WET'rr,-�-, C Parcel No.2,Map 16686 uo 14 0(,t 4,P%I 5. In the 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. 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 US. Mail, whichever is earlier. A party may change notice address only by providing I ,written notice thereof to the other party. CITY OWNER Public Works Director Hathaway Ventures, RBC-1, Inc. City of Redlands 1200 Newport Center Drive, Suite 120 PO Box 3005 Newport Beach, California 92660 Redlands, CA 92373 T .,�441 ON01'A ETTEM3,1RN,419hl7 C,6 14(it,1 4e PM Parcel No.2,Map 16686 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 City and the Owner. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS: HATHAWAY VENTURES, RBC-I., INC.. a California corporation /V ZT Jon Harrison, Mayor Name: illian�flalford Its: Pre 'dent Attest: Narn� James Wolfordl� Its "4hief Financial Officer 7 L Lorric oyzer. Cite e r t) ,8441 000 W11-T-EN3 IRV 479(,,,-1 11.16 1 4o D\1 -5- Parcel No.2,Map 16686 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 June 22, 2006, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer I Xj personally known to me - or - I I 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. LORRIE POYZER, CITY CLERK P 0 R % "l 888 Bv: '4t�/Foj�kt� Teresa Ballinger, Assisthrit City Clerk (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: Stonnwater Treatment Device and Control Measure Access and Maintenance Agreement Date of Document: June 20, 2006 Signer(s) Other Than Named Above: William Halford, President; James Wolford, Chief Financial Officer of Hathaway Ventures, RBC-1, Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of OP—NQ 6E t On wu , .00q, before me, j:X Dat Name and Title of Officere. ( g.,"Jana Doe,Kotary Public") personally appeared W LQ 47" Wt r�, .,,,) Nama(s)a Signer(s) . ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -io✓are <'.triMMdts#t 15"111 subscribed to the within instrument and Naftly "CaMono acknowledged to me that1;ie;1sh they executed Lot Ai k98W C°uMY the same in WF;(hpi,/their authorized capacity(ies), and that by iffier/their IS signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI S my hand and off ' ea s iignature of Nota u OPTION L Though the information below is not required by law,it may prove valuable to persons relying on the documen an could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 2` Title or Type of Document: I� Document Date: N er of Pages: ` Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: fD Individual Top of thurnb here E] Corporate Officer—Title(s): ❑ Partner—0 Limited ] neral El Attorney-in-Fact << ❑ Trustee 7 Guardian o onservator Other: I ' ner Is Representing: 4�1999 National Notary Assoclatfon•9350 De Soto Ave-,P 0 Boz 2402"Chatsworth,CA 91313-2402•www.NatfonalNotary.org Prod.No.5907 Reorder Call Toll-Free f-800-876-6827 Exhibit A LEGAL DESCRIPTION Parcel No. 2 of Parcel Map 16686, in the City of Redlands, County of San Bernardino, State of California, as shown by Map on file in Book 2.12, Pages 58 through 62, inclusive, in the office of the County Recorder of said County. 441 o0o" %k',,-'rTENB 1R 1 4 0 1 t(,,Fri -6- Parce7 No.2.,Map 10686