HomeMy WebLinkAboutContracts & Agreements_148-2006_CCv0001.pdf Recorded In Official Records, County of San Bernardino
LARRY WALKER 6/26/2006
9:20 AM
Auditor/Controller — Recorder BN
RECORDING REQUESTED BY P Counter
AM) WHEN RECORDED MAIL TO:
Doc#: 2006-0432206 Titles: 1 Pages: 8
CITY CLERK
Fees
0.00
CITY OF REDLANDS Taxes
0.00
P.O. BOX 3005 I Other
0.00
PAID
REDLANDS, CA 92373 $0.00
FEES NOT REQUIRED
PER GOVERNMENT CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE
SECTION 6103
STORM WATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of June, by and between
HATHAWAY VENTURES, RBC-1. 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 "Parties."
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 commonly known. as
Research Business Park (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 Kristar)
and media filters (by Stormwater Management Inc.) and other control measures (the "Devices")
to minimize pollutants in urban stormwater runoff; and
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Parcel No.5,Map 1668o
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 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 City's approval of the Project and the mutual
promises contained herein, the City of Redlands and Owner 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.
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Parcel No.5,Map 0686
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 from the twenty (20) 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.
38441.000 IMETTENB\II-0,7479639i
06/11,06 1:50 I'M -3-
Parcel No.5,Map 16686
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 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 Hathaway Ventures, RBC-1,
City of Redlands 1200 Newport Center Drive, Suite 120
PO Box 3005 Newport Beach, California 92660
Redlands, CA 92373
38441,0001\WIETTENB,IRY479639
0()/14106 50 RM -4-
Parcel No.5,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-1,
a California corporation
-
By:
Jon Harrison, Mayor Name: Willi m Ialford
Its: Presi nt
Attest:
•
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Name:James Wolford (
Its: ief Financial Officer
Lorne oyzer, City ' rk
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Parcel No.5,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 { X} 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 upon
behalf of which the persons acted, executed the instrument.
,00tiiiiiir1/049 WITNESS my hand and official seal.
' %j LORRIE POYZER, CITY CLERK
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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
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THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Stormwater 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
`v r- ss. �!
County of U �G
I� OnJLUJ E I'� 20d 6o before me, -TeV2JEs A jLz OrxA, NoT49V ?a6L 1
Dae L,t CitrName and Title of Officer(e,g.,"Jane Doe,Notary Public")
personally appeared W I L-LIAM ML ane , J mEN 5 w0LR)1e0 j
Name(s)s)of Signer(s)
Ypersonally known to me
G7 proved to me on the basis of satisfactory
evidence
lung �{lOti6
M to be the person(s) whose name(s) +stare
iS NOiIaY n .CaNlonnlo subscribed to the within instrument and
A-lo cairdy acknowledged to me that kei4she/they executed
yrsb�hlrtMoV15,2WJ the same in 4icW�thelr authorized
capacity(ies), and that by f /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
ESS my han n official seal.
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�? Though the information below is not required by law,it may prove valuable to persons relying on the document and could prev
5 fraudulent removal and reattachment of this form to another document.
' Description of Attached Document
Title or Type of Document:
Document Date: mber of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
El Individual Top of thumb here
Corporate Officer—Title(s):
El Partner—1:1 Limited eneral
V El Attorney-in-Fact
❑ Trustee
El Guardian onservator
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Other,
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ner Is Representing:
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CI3 1999 National Notary Association-9350 De Soto Ave.,RO-Box 2402,Chatsworth,CA 91313-2402•www_NationalNotarywg Prod_No_5907 Reorder_Call Toll-Free 1-800-976-6827
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Exhibit A
LEGAL DESCRIP 110
Parcel No. 5 of Parcel Map 16686, in the City of Redlands, County of San Bernardino,
State of California, as shown by Map on file in Book 212, Pages 58 through 62, inclusive, in
the office of the County Recorder of said County.
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Parcel No.5,Map I 668o