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Home My WebLink AboutContracts & Agreements_207-2007_CCv0001.pdf Recorded In Official Records, Coun N of San Bernardino 11!1312007 ROOM LARRY WALKER 3:51 Pm RECORDING REQUESTED BYM(? Auditor/Controller — Recorder AND WNEN RECORDED MAIL TO: I`' R Regular Mail CITY CLERK Doc#: 2007—0629041 CITY OF REDI_ANDS Titles: 1 Pages: 9 PO BOX 3005 Fees 0.00 REDLANDS,CA 92373 Taxes 0.08 Other 0.00 PAID $0.00 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 SPACE ABOVE THIS LINE FOR REC'ORDER'S USE STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 0292-061-23 THIS AGREEMENT is made and entered into this 5th day of november by and between J.L.S. Ente rises LP 2007 a municipal corporation ("City").The Owner and the CityOare r,") a d t e City h odual of-Redlands, dI referred to herein as a"Party"and , collectively, as the "Parties". y RECITALS WHEREAS, the Owner owns real property("Property") in the City specifically described in Exhibit "A" and `B", which are attached hereto and incorporated herein by this reference; and WHEREAS,at the time of approval of the development project commonly known as California and Orangetree, CRA 826-CUP 885 (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 INFILTRATION BASINS SWA LES, GUARD INLETS, 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 therefore 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; i i Agreementslwgmp maintenance agreement aim�nrtnn ' NOW, THEREFORE, in consideration of City's approval of the Project and the mutual promises contained herein, the City of Redlands and J.L.S. Enterprises LP 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 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 i!'os. 0292-061-23 , 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 of 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 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 ,� 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 CITICOM City of Redlands 1257 W. COLTON AVENUE PO Box 3005 REDLANDS, CALIFORNIA 92374 Redlands, CA 92373 TEL 909 335-0333 ATTN: ALLAN STEWARD If 12. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. 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. jo-S. Ent rises, ZP /J Harrison, Mayor (Name, Title) m4- Attest: Lo,rrfe Poyze Clerk 3 Agreements/Wqmp maintenance agreement ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINTO SS CITY OF REDLANDS By the authority granted under Chapter 4, Article 3, Section i 181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on November 6, 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 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. M It fill,, WITNESS my hand and official sea]. LORRIE POYZER, CITY CLERK Bv: 1/Z Teresa Ballinger Assistant Cit lerk (909)798-7531 ——--—----------——--— CAPACITY CLAIMED 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 ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Storrnwater Treatment Device and Control Measure Access and Maintenance Agreement, APN 0292-061-23 Date of Document: November 5. 2007 Signer(s)Other Than Named Above: J.L.S. Enterprises LP, Owner: by: A. Berlin Steward, Owner;Developer Citicom Development CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of AGO ss- On before me, r Date Name and Title of 011i r g.,"Jane Doe,N tary ubiic") personally appeared Na s)oM— personally u known to me L ory e iim to be the persogJs whose name,-(s/subscribed AN a to the within instrument and acknowledged to me that I N0kXC xAtrNc Caa=ft executed the same in his, sO^MnloCourMlt authorized capacity and that by his/i�rifbeiP"'-- "VC�m.6�sfrp2Nt, signatureK-on the instrument the persor�(e, or the entity upon behalf of which the persor�ey acted, ed the instrument. WITH i I Place Notary Seat Above Signature of Notary Publi OPTION L Though the information below is not required by law, it may rove taluabie to persons relying n the ocument and could prevent fraudulent removal and reatta hmen of this form to another doc Description of Attached Document Title or Type of Document:ab"I zr'� � (ess d Docum nt Date: Number of Pa s: Sig r(s) Other han Named ove: apacity(i s) Claime by Signer(s) 71 Signer's me: _ ggner's Name: ❑ Indiv' ual ---- !- Co orate Offic r—Title(s):Ci P rtner—El imited C] Ge eral i7 Individual Corporate fficer—TiEl tle(s): C:1 ttorney in act ` ❑ Partner 0 Limited Gener • -. To of tPwm here 1--1Attorn in Pact + FJ Trustee CJ Trus e Top of thurrtr sere Guardia or Conservat r G rdian or Conservat LL Other: ------- C her: Signer Is Representing: igner Is Represe 9: — 0 2004 National Notary Association•9350 De Soto Ave,PO Boz 2402•Chatsworth,CA 91313-2402 Item No,5907 Reorder:Call Toll-Free 1-800-876-6827' i P.O.Box 1290 Agoura Hills,CA 91376 Phone(818)889-5074 Fax(818)889-5274 J.L.S. Enterpises, LP LETTER OF AUTHORIZATION July 1, 2007 This letter is to confirm that A. Berlin Steward of Citicom Development is authorized to sign on behalf of JLS Enterprises, LP for the property located at 2056-2087 Orange Tree Lane, Redlands, California, further described as APN 0292-061-23. Should you have any questions, please do not hesitate to contact me. Thank you, JLS ENTERPRISES, LP L rence Tepper Managing Partner 1 I i f ' I --- — - -- —_---- ----- -__--------__- _______-- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ County of l" niY� ss. '(,...,, On _ kt�„rw I� �' before me, � ' Date Title a and e o"�.,g,, Doe,Notary Pu io" personally appeared �� i�Xxrn. Arn5(s)of Signer(s) Aersonally known to me F-1 to be the person whose nameKis/ subscribed to the within inst ment and acknowledged to me that CorrMr�Ntiot►#f 14077"02 he/s NokXy p .CaMonMoUeq executed the same in his/��YI )r Ilan C� authorized ca acity(iipe},--and that by his theif MVComm I1'10 ttsp?4, signature on the instrument the person ' the entity upon behalf of which the personated, executed the instrument. W TNESS n i Mubliw Place Notary Seal Above gnature of Notary OPTIONAL Though the information below is not required by law, it may prove val ble to persons relying ondocument and could prevent fraudulent removal and reattachme oft is form to another docume Description of Attached Document Title or Type of Document: Document Date: Number of Pages: - Signer(s) Other Than Name Above: Capacity(ies) imed b Signer(s) Signer's N e Signer' Name: C7 Indiv' ual ❑ dividual ❑ C rate Offic —Title(s): Corporate Officer )tle(s): ❑ artner—❑ imited ❑ Gener ❑ Partner—❑ Li ed ❑ General in act rop of cr�rnb ne ❑ Attorney in F t/Attorney Trustee ElTrustee Top of thur e ❑ Guardi or Conservat ❑ Guardi or Conservator ❑ Other: ❑ Othe . Signer Is presentin Sign I Representin 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,GA 91313-2402 Item No.5907 Reorder:Gall Toil-Free 1.800-876-6827 "EXHIBIT A" REAL PROPERTY IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 5 AND 6, BLOCK 3, HENRY L. WILLIWAMS TRACT, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 11 OF MAPS, PAGE(S) 17, RECORDS OF SAID COUNTY, BOUNDED AS FOLLOWS: ON THE SOUTH BY THE NORTH LINE OF THE PROPERTY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 13, 1988, INSTRUMENT NO. 88-9784, OFFICIAL RECORDS; ON THE WEST BY THE EAST LINE OF THE PROPERTY CONVEYED TO THE CITY OF REDLANDS BY DEED RECORDED AUGUST 23, 1973, IN BOOK 8253, PAGE 597, OFFICIAL RECORDS; AND ON THE NORTH AND NORTHEAST BY THE SOUTHERLY AND SOUTHWESTERLY LINES OF THE PROPERTY CONVEYED TO THE CITY OF REDLANDS BY DEED RECORDED AUGUST 23, 1973, IN BOOK 8253, PAGE 594, OFFICIAL RECORDS, EXCEPTING THEREFROM ANY PORTION LYING EASTERLY OF THE SOUTHERLY EXTENSIONS OF A RADIAL LINE DESCRIBED IN THE DEED TO THE CITY OF REDLANDS RECORDED AUGUST 23, 1973, IN BOOK 8253, PAGE 594, OFFICIAL RECORDS, SAID LINE BEING AT THE SOUTHERLY TERMINUS OF A CURVE DESCRIBED AS HAVING A RADIUS OF 214.88 FEET THROUGH A CENTRAL ANGLE OF 43 DEG. 19' 29" AND AN ARC DISTANCE OF 162.48 FEET. 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