HomeMy WebLinkAboutContracts & Agreements_164a-2007_CCv0001.pdf INE
Recorded in Official Records, County of San Bernardino
9/04/2007
LARRY WALKER
2:Q2 PM
OCKL
�*^x Auditor/Controller — Recorder NC
RECORDING REQUESTED BYR Regular Mail
AND WHEN RECORDED MAIL TO: k, .
CITY CLERK Doc#: 2007—0509752 Titles: 1 Pages: 10
Fees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3005 Other 0.00
REDLANDS, CA 92373 PA1D $e.ee
FEES NOT
PER GOVERNMENT CODE SPACE ABOVE'rHIS LINE FOR RECORDER'S USE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0174-121-11, 0174-252-18
THIS AGREEMENT is made and entered into this 24th day of April
by and between Maggie Lane Development Corporation, a California Corporation �p 007,
Parvizyar, President, ("Owner"), and the City of Redlands, a municipal corporation "Ci rviz
ll
The Owner and the City are sometimes each individually referred to herein as a "Pa( „ a )
collectively, as the "Parties." , rty and,
RECITALS
WHEREAS, the Owner owns real property ("Property")
in Exhibits "A" and`B" which are attached hereto and incorporated ed herein by this reference;bed
and
WHEREAS, at the time of approval of the Owner's development project commonl
known as Ford Hill Office - Retail and filed as Parcel Map 17353 (the "Project"), the Cityy
required the Project to employ on-site control measures to minimize pollutants in urban
stormwater runoff, and
WHEREAS, the Owner has chosen to install Treatment Control Devices (MP-40 Media
Filter and MP-51 Vortex Separator) as shown on the Water Quality Management
Plan
the City of Redlands (the "Devices") to minimize pollutants in urban stormwater runofrunoff;aned
d with
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 onlyrivate
property, are private facilities with all maintenance or replacement therefor be' p
responsibility of the Owner; and being the sole
WHEREAS, the Owner is aware that periodic and continuous maintenance incIudin but
not necessarily liq assure
mited to, filter material replacement and sediment removal is required to g
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 confin
space and waste disposal methods in effect at the time such maintenance occurs; ed
City of Redlands
Agreement Version January 2007
0
NOW, THEREFORE, in consideration of the City's approval of the Project and the
mutual promises contained herein, the City of Redlands and Maggie Lane Development
Corporation, a California Corporation, Parviz Parvizyar, President agree as follows:
AGREEMENT
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 andthe 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 falls 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. 0174-12-11
and 0174-25-18 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
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
City of Redlands
Agreement Version January 2007
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 Pro ert
obligations which accrue prior to the date of transfer by such owne p y' except for
the personal obligation of such owner. r, which shall remain
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.
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 b
providing written notice thereof to the other Party. y y
CITY OWNER
Public Works Director
Maggie Lane Development Corporation, a
California Corporation
City of Redlands Parviz Parvizyar, President
P.O. Box 3005 8500 Melrose Ave. Suite 217
Redlands, CA 92373 Los Angeles, CA 90069
9• This Agreement shall be governed by and construed in accordance with the laws
State of California. of the
10. Any amendment to this Agreement shall be in writing and approved by the Cit Cou
of City and signed by the City and the Owner. Y ncil
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date
first written above.
CITY OF REDLANDS:
OWNER: MAGGIE LANE DEVELOPMENT CORP,
Jon arrison, Mayor IV— 2 _(,7
Parviz Parvizyar, President
Attest:
Lorri oyzer, i C rk
City of Redlands
Agreement Version January 2007
M _a,
GROW
Mir
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 31, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorne Poyzer, City Clerk of the City
ofRedlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City
Clerk{ } personally known to me - or - ; it 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.
\0\�kjlIIIII/If// WITNESS my hand and official seal.
R ED
LORRIE POYZER
Q %\GpF�POpq �� N� , CITY CLERK
Htni► Teresa Ballinger, Assistant .ity Clerk
--,...,.--r..—-----.,._----..–.......r-----------------------------
(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 BELO
Title or Type of Document: Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement; APNs 0174-121-11, 0174-252-18
Date of Document: April 24, 2007
Signer(s) Other Than Named Above: Maggie Lane Development Corporation, by: Parviz Parvizyar,
President
�K
4
ACKNOWLEDGMENT
State of California
County of
On 4jtiLt
before me, ' � 1, e ��
- ' '
herein S � r V
( serf name and title of the o icer)
personally appeared j
personally known to me
to be
the person(s) whose name(4) is/afe subscribed to the within instrument and
acknowledged to me that he/-4te4Igey executed the same in his/heFA authorized
capacity(fes), and that by his/hefig4aW signature* on the instrument the persons)
or the entity upon behalf of which the personfs}acted, executed the instrument.
WITNESS my hand and official seal. �•. ..,�,,,,
,JENNIFER PAIGE GOLDMAAN
COMM.#1659543
Marg PUBLX r CAw+ao�
Signature LOS ANGELES COUNTY .•
Comm.Exp.APRIL 20,2010
(Seal)
EXHIBIT A
LEGAL DESCRIPTION
)
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND THAT
PORTION OF LOT 3 IN BLOCK 12 OF MAP NO. 2 OF A PORTION OF REDLANDS HEIGHTS, IN THE
CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 6, PAGE 36 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, TOGETHER WITH THAT PORTION OF EAST STREET ADJOINING SAID LOT 3 ON
THE EAST AS SHOWN ON SAID MAP, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 36 AS SHOWN ON RECORD OF SURVEY RECORDED
IN BOOK 89 OF RECORDS OF SURVEY, PAGES 37 THROUGH 43, INCLUSIVE, RECORDS OF SAID
COUNTY, THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER NORTH 89041'25" EAST 1328.09 FEET(RECORD 1328.01 FEET PER SAID
RECORD OF SURVEY)TO THE CENTER OF THE SOUTHWEST QUARTER OF SECTION 36 AS
SHOWN ON SAID RECORD OF SURVEY, SAID POINT BEING THE POINT OF BEGINNING;
THENCE NORTH 00002'33"WEST 43.58 FEET ALONG THE EAST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 36 TO A POINT ON THE SOUTHWESTERLY LINE OF THE PARCEL
OF LAND GRANTED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES BY DOCUMENT
RECORDED AUGUST 17, 1960 IN BOOK 5215, PAGES 420 THROUGH 438, INCLUSIVE, OFFICIAL
RECORDS OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 8,060.00 FEET, A RADIAL LINE TO SAID
BEGINNING HAVING A BEARING OF SOUTH 35°18'10"WEST; THENCE NORTHWESTERLY 290.50
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02003'55"; THENCE CONTINUING
ALONG SAID SOUTHWESTERLY LINE THE FOLLOWING COURSES AND DISTANCES;
NORTH 52037'55"°WEST 321.18 FEET;
NORTH 57002'13"WEST 362.84 FEET;
NORTH 50025'33"WEST 691.43 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 36;
THENCE SOUTH 00°04'31"WEST 140.32 FEET ALONG SAID WEST LINE TO THE NORTH LINE OF
THE PROPERTY AS DESCRIBED IN THE DEED RECORDED MAY 17, 2006 AS DOCUMENT NO.
2006-0336330, OFFICIAL RECORDS OF SAID COUNTY;
THENCE NORTH 52054107"WEST 54.79 FEET ALONG SAID NORTH LINE TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 289.96 FEET(RECORD
290.00 FEET PER DEED RECORDED NOVEMBER 7, 1973 AS INSTRUMENT NO. 218 IN BOOK 8302,
PAGE 276 OF OFFICIAL RECORDS), A RADIAL LINE TO SAID BEGINNING HAVING A BEARING OF
NORTH 81009'19"WEST, AND SAID POINT LYING ON THE NORTHEASTERLY RIGHT OF WAY OF
80.00 FOOT WIDE FORD STREET AS SHOWN ON SAID RECORD OF SURVEY; THENCE
SOUTHERLY 106.91 FEET ALONG SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF
21007'28"; THENCE SOUTH 12016'47" EAST 188.91 FEET(RECORD SOUTH 12021'00" EAST 184.71
FEET PER SAID INSTRUMENT NO. 218)TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 36; THENCE CONTINUING SOUTH 12°16'47" EAST 216.87 FEET
ALONG SAID RIGHT OF WAY TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 810.27 FEET; THENCE SOUTHEASTERLY 42.62 FEET ALONG SAID RIGHT
OF WAY THROUGH A CENTRAL ANGLE OF 03°00'50"; THENCE LEAVING SAID RIGHT OF WAY
NORTH 61048'47" EAST 45.39 FEET; THENCE NORTH 36022114" EAST 33.83 FEET TO THE
BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 196.17 FEET;
THENCE NORTHEASTERLY 41.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
12°09'50"TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 201.50 FEET, A RADIAL UNE TO SAID BEGINNING HAVING A BEARING OF NORTH
City of Redlands
Agreement Version January 2007
41°27'56"WEST; THENCE NORTHEASTERLY AND SOUTHEASTERLY 291.07 FEET ALONG SAIC
CURVE THROUGH A CENTRAL ANGLE OF 82°45'53"TO THE BEGINNING OF A COMPOUND
CURVE CONCAVE SOUTHWESTERLY HJAVING A RADIUS OF 229.86 FEET, A RADIAL LINE TO
SAID BEGINNING HAVING A BEARING OF NORTH 41°17'57" EAST; THENCE SOUTHEASTERLY
70.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°31'10"; THENCE SOUTH
31'10'53" EAST 100.82 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 240.00 FEET; THENCE SOUTHEASTERLY 36.16 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 08°37'55"TO THE BEGINNING OF A COMPOIND CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 240.00 FEET, A RADIAL LINE TO SAID
BEGINNING HAVING A BEARING OF NORTH 67°27'02" EAST; THENCE SOUTHEASTERLY 50.98
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°10'13"; THENCE SOUTH
34°43'11"WEST 154.20 FEET; THENCE SOUTH 36°37'41"WEST 96.86 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY OF 64.00 FOOT WIDE PATRICIA DRIVE AS SHOWN ON SAID
RECORD OF SURVEY; THENCE SOUTH 15055'22" EAST 64.00 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY OF SAID PATRICIA DRIVE, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 786.44 FEET, A RADIAL
LINE TO SAID BEGINNING HAVING A BEARING OF NORTH 15°55'22"WEST; THENCE EASTERLY
580.19 FEET ALONG SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 42°16'09"; THENCE
NORTH 26°20'47"WEST TO A POINT ON THE SAID NORTH LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 36; THENCE NORTH 89°41'25" EAST 22.18 FEET
ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
PREPARED BY:
S MARK E
v WHITMER �
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MARKS. WH L.S. NO. 5535 No. 5535
�� Expiresq.7jp
OF CA,IV'F0�
City of Redlands
Agreement Version January 2007
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Agreement Version January 2007
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Agreement Version January 2007