HomeMy WebLinkAboutContracts & Agreements_181-2012_CCv0001.pdf Recorded in Official Records, County of San Bernardino 9/28/2012
RECORDING REQUESTED BY DENNIS D R A E G E R 10:54 AM
City Clerk, Redlands
AND WHEN RECORDEDMAtLDOCUMENT AND µxi ASSESSOR - RECORDER - CLERK MP
TAX STATEMENT M.
R Regular Mail
NAME
City Clerk DOC#: 2012-0402318 Titles: 1 Pages: 11
STREET City of Redlandsk Fees 0.00
ADOWSS ZtP CODE 1111111 11111111111111 11�111
0.00
—,--a RedlCands00CA 92373 pPies $0.00
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FrKES NOT REQUIRED P
APNs:0167-221-13, 0167-221-14, SPACE ABOVE FORRECMDER'SLME ONLY
0167-371-01, 0167-372-01, 0167-373-01
AGREEMENT
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REMUIRED
PM MVERNMENT CODE
sgctrigN 6iQ SPACE ABOVE THIS LINE FOR RECORDER'S USE
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
APN's: 0167-221-13-0-000, 0167-221-14-0-000, 0167-371-01-0-000, 0167-372-01-0-000 and
0167-373-01-0-000
THIS AGREEMENT is made and entered into this 25th day of September,
2012 , by and Housing Authority of the County of San Bernardino ("Ownef"), 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 Lugonia Ave/Valencia Grove, 131 E. Lugonia, Redlands, CA 92374 and filed as CUP
955-Tract 18762-1-Tract Map (the "Project"), the City required the Project to employ on-site
control measures to minimize pollutants in urban stonnwater runoff; and
WHEREAS,the Owner has chosen to Infiltration/bioretention basins,
Infiltration/bioretention/trenehes, vegetated buffer strips and swales (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
City of Redlands
Agreement Version November 2008
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 Housing Authority of the County of
San Bernardino 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 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. APN's: 0167-
221-13-0-000, 0167-221-14-0-000, 0167-371-01-0-000, 0167-372-01-0-000 and 0167
373-01-0-000 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 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
City Engineer Daniel Nackerman, President/CEO
Housing Authority of the County of San
City of Redlands Bernardino
P.O. Box 3005 715 E. Brier Drive
Redlands, CA 92373 San Bernardino, CA 92408.
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: OWNER:
Pete Aguilar, Mayor Daniel Nac '&rrnan, President/CEO
Housing Authority of the County of San
Bernardino
Attest:__�
Sam Irwin, City'-d"Ierf
City of Rdands
Agreement Version Novernoer 2008
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 September 25, 2012,
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)is/are subscribed to
the within instrument and acknowledged to me that he/sh&they executed the same in his4w4their
authorized capacity(ies) and that by hiso%er4their 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.
WITNESS my hand and official seal.
\\W Z
ARTHUR S. IRWIN,CITY CLERK
oVkPOR4 tp
By:
Teresa Ballinger,Dep*City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s)signing for oneselVthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
tx ) 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: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement
Date of Document: September 25, 2012
Signer(s)Other Than Named Above: Daniel Nackerman, President/CEO, Housing Authority of the
County of San Bernardino
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cmc CODE§ 1189
State of California
f
County of 51n Mn4d;tt�
On�(r>�wi6-r �ZA �yi.2 before me, <_MlUia �A)(6 0-wrq V (Of/&
Oat Her Insert Name and Title of the Oft cer
t
personally appeared Cn r}i e( G �
Name(s)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(&) whose name{&) is/ar.&
subscribed to the within instrument and acknowledged
to me that he/&4eAhey executed the same in
his4i@0Jaeir authorized capacity4es), and that by
St►LfttR;08VS his/iaer:Jaeir signatureks) on the instrument the
t967710 person(&), or the entity upon behalf of which the
y pubk.California person(-s) acted, executed the instrument. j
Sas drrnardit CO" '
as Feb 24,2016t I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Signature:
Place Notary Seal Above Signature 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 Document
Title or Type of Document: OsirtWG6101'TtCnf Ir("wv,a k6o6 ,,- 4.
Document Date: Number of Pages:
�r
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s): Corporate Officer—Title(s): �,
Individual Individual
Partner — Limited General Partner — _ Limited General
Tap of thumb here c of fPutmb here
Attorney in Fact Attorney in Fact
Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: ;Other:
Signer is Representing: Signer 1s Representing:
2010 National Notary Assoctailo--NationafNotary.org•1-806-US NOTARY(t-800-876-6827) Item#5907
Exhibit A
Legal Description
EXHIBIT "A"
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
22, TOWNSHIP 1 SOUTH, RANGE 3 WEST, AND A PORTION OF THE EAST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 22, AND ALL OF TRACT NO. 6414 AS SHOWN ON MAP FILED IN MAP BOOK 80 AT
PAGES 32 AND 33, OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 3
WEST, SAID CORNER ALSO BEING THE NORTHWESTERLY CORNER OF SAID TRACT NO. 6414;
THENCE EASTERLY ALONG THE NORTHERLY BOUNDARY OF SAID TRACT NO. 6414 THE
FOLLOWING COURSES:
NORTH 89°38'29" EAST A DISTANCE OF 329.72 FEET;
NORTH 00°01'11" EAST A DISTANCE OF 175.99 FEET;
NORTH 89°38'13" EAST A DISTANCE OF 329.72 FEET;
SOUTH 00°01'11" WEST A DISTANCE OF 785.20 FEET;
SOUTH 89°39'28" WEST A DISTANCE OF 643.58 FEET TO THE WESTERLY LINE OF SAID
TRACT NO. 6414;
THENCE LEAVING SAID TRACT AND CONTINUING SOUTH 89°39'28" WEST A DISTANCE OF
15.82 FEET;
THENCE NORTH 00'00'57" EAST A DISTANCE OF 3.00 FEET TO A POINT ON A LINE THAT
IS PARALLEL TO AND DISTANT 53.00 FEET FROM THE CENTERLINE OF LUGONIA AVENUE, AS
SHOWN ON SAID TRACT;
THENCE WESTERLY ALONG SAID LINE, SOUTH 89°39'28" WEST A DISTANCE OF 588.76 FEET;
THENCE NORTH 45'10'16" WEST A DISTANCE OF 25.77 FEET;
THENCE NORTH 00`00'00" WEST A DISTANCE OF 128.68 FEET;
THENCE NORTH 90'00'00" WEST A DISTANCE OF 8.00 FEET TO A POINT ON A LINE THAT
IS PARALLEL WITH AND DISTANT 44.00 FEET FROM THE CENTERLINE OF ORANGE STREET;
THENCE ALONG SAID PARALLEL LINE NORTH 00°00'00" WEST A DISTANCE OF 458.54 FEET
TO THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 22;
PAGE 1 OF 2
EXHIBIT "A"
THENCE EASTERLY ALONG SAID NORTHERLY LINE, NORTH 89°36'44" EAST A DISTANCE OF
285.60 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22;
THENCE NORTHERLY ALONG SAID EAST LINE, NORTH 00°00'28" EAST A DISTANCE OF 10.22
FEET TO THE CENTERLINE OF DELAWARE AVENUE AS SHOWN ON SAID RECORD OF SURVEY;
THENCE EASTERLY ALONG SAID CENTERLINE, NORTH 89°36'44" EAST A DISTANCE OF 329.61
FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 22;
THENCE SOUTHERLY ALONG SAID EAST LINE, SOUTH 00°01'12" WEST A DISTANCE OF 10.22
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 19.15 ACRES, MORE OR LESS.
ANTHONY J. TERICH, RCE 21914
QgpFESS/Q
J.
Of No. 21914 m
PAGE 2 OF 2 EXP.9-30-13
s� Cj V 1
ATF
OF CAOFC
Exhibit B
Plat Map
}
VICINITY MAPEXHIBIT "B"
NOT TO SCALE PROJECT LOCATION QR�F ESS I0N,4
<3?
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT PLAT
SAN 8044ARDINO AWE � z = m TRACT NO. 18762 — CUP 955
w m BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
LUGONA AVE 11[ 9-30 14 * 22, TOWNSHIP 1 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, TOGETHER WITH ALL OF
TRACT NO. 6414, AS PER PLAT RECORDED IN BOOK 80 OF MAPS, PAGES 32 AND 33, IN THE OFFICE OF
—Alls Q THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA.
COLTON A� TyT C/V 1� HALL do FOREMAN, INC. JULY 2012
RITf]2STATE 10 m e OF CAQ1 LINE DATA
POB = POINT OF BEGINNING FOR LEGAL DESCRIPTION L - N0000'28°E .22'
i L2 10
Noo•ot t2 E to.22' -- N89'38'13"E 329.72'----
f d e S 4w3 0 fPI�' v i l h� 9 P1 t )'ti w NOTHING FD-
" T 7�Ip f r �J I 1 s t i h COR. TR. 6414•M.B. 90/32-43,
��s �y f,I ap; s �: � v ��� 1y p, ESTABLISHED BY PROPORTION
s � y 55 � v 1 5� v9 TSF '22b -ry c; 5
DELAWARE I 4 ----- L1N89'36'44"E 329.61' 8� POB 1 •�
_AVE — _ _ N89'38'29"E 329.72— N89'X29'E 329�s'—
N89'36'44"E 285.60 - NH�9-36'44'E 329.61• 310 - - - NOTNwG FD.; NE cm m/z SV/4.
E NE9 TE'�g'� 2.74'
W � � NB9`37'iB� 329.77 SWl/4, NEI/4 SEC. 22 SET 8Y
W {1489'36'SO'EqCZL
' PROPORTION. +
3 PVC" 44'STRIP 141".01'w I
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ACCEPTED AS CEHTEIBJNE INTERSECTI()fH
°J# v 4F DELAWARE AVE YATN THE ELY LINE OF ACCEPTED AS CENTERLINE C.
W r v SYn/4, Swl/4,NE1/4 SEC. 22 PER OF WARE AVE..PER 6414,
NOTHING F1}.: NW CCR SYRI4, 5T11/4, cn r,
NEI/4 SEC 22- EST, BY 1MRD-POIN z `� W x TR 5414, M8 H10/3x--UMB r` PT-0-
Z FROM INT TATHH PE]HNSYLVANIA N= o S_ .
�F�■ Q' AVE. AND INF NTH LUf+ONIA AVE. xy xg'dS°� Q = N6369' �16�E 19.69 _ f h
,wJ 5�ttl � en. re7--- -
_ 00
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1'It. 18762-1
a �z •�`�,�4 �30V S_ 3 I4 LIEU OF 3/4'P PER TR 6414.MB 80132-33
S rn r�=v R/ PER R/5 4/51 = (USED FOR UNE NORTH AND SCAITN) „/,,,PR TR 6414.
s N 89'39'28" 'E 588.7fi' k N89'39'28"E 643.58' �"e0/32 i3.
_ _
_ _ _
_ -- - - --- - --
N89_'39'28'E 659.40'
a 329.51'_
"'2659.02' 3 9 5t' M _ _ 659.39'
LUGONIA N 6s�s'26'E AVENUE 2636.97'