HomeMy WebLinkAboutContracts & Agreements_164b-2007_CCv0001.pdf Recorded In official Records,County of San Bernardino 9/04/2007
LARRY WALKER NC 2 P"
AX;NO= Auditor/Controller — Recorder
RECORDING REQUESTED BY
R Regular Mail
AND WHEN RECORDED MAIL TO: Doc#: 2007—0509753 Titles: 1 Pages: 7
Fees 0.00
CITY CLERK Taxes 0.00
CITY OF REDLANDS Other 0.00
P.O. BOX 3005 PAID $0.00
REDLANDS, CA 92373
-FEES NOT REQtt'RED -- --
PER GOVERNMENT CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0292-156-14
THIS AGREEMENT is made and entered into this 28th day of August , 2007,
by and between Nevada Business Park, LLC, a California limited liability company ("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 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 Nevada. Business Park (490, 450, 430, 350, 310 Nevada Street, Redlands) and filed as
CRA No. 836, Tract No. 18259 (Nevada Business Park) 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 NDS Flo-Well, Curb Inlet Basket System,
and Vegetative 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
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;
City of Redlands
Agreement Version January 2007
NOW, THEREFORE, in consideration of the City's approval of the Project and the
-ie
mutual promises contained herein, the City of Redlands and [Entity Legal Nan of Owning
Entity] 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.
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 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. 0292-156-14
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 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
City of Redlands
Agreement Version January 2007
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 Nevada Business Park, LLC
City of Redlands c/c, Rossmore Enterprises
P.O. Box 3005 120 Vantis, Suite 530
Redlands, CA 92373 Aliso Viejo, CA 92656
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: OWNER:
CITY OF REDLANDS, NEVADA BUSINESS PARK, LLC,
a municipal coporation a California limited liability company
By: Rossmore Enterprises, a California corp.
A\—/ Its Sole Member
j
J h Harrison, Mayor B 4. k=
P ip Sirianni, President,
Attest:
Lorrje�Poyzer, C;ft Clk
City of Redlands
Agreement Version January 2007
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article _3), Section 118 1, 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
of Redlands, California, personally appeared Jon Harrison, Mayor and Lorne Poyzer, City
Clerk{ 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.
If WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
1888
........ By:
F 0 'Teresa Ballinger, Assistant CiClerk
I I I I 1 (909)798-7531
~HH—~—~~~~~ 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
jx ) 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: Stormwater Treatment Device and Control Measure Access and
Maintenance ntenance Agreement, APN 0292-156-14
Date of Document: August 218. 2007
_LC, by Rossmore Enterprises, its sole
Signer(s) Other Than Named Above: Nevada Business Park. I
member,by: Philip Sirlanni, President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Q&A is
�t t
On before me, ( OSA S• U1E �izE� t�a�Acz� s`} ,t�iC�
t Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
Date
personally appeared t ame($)of'S,gner(s)
X personally known to me
(or proved to me on the basis of satisfactory evidence)
to be the person(-&)whose names)is/ale subscribed to the
within instrument and acknowledged to me that
-; _ -- he/sli, y executed the same in his k authorized
GLORIA J.wE. capacity(+es), and that by his/hefAhor signatures-) on the
C'Drfvf*dW*16652" instrument the person(•s), or the entity upon behalf of
No"Y PUW-COMONW which the person(s) acted, executed the instrument.
<KMKN Cour1t
Mt►Cas+rn.[�pi�
Mor2S.2M1_4
WITNESS my hand and official seal.
Place Notary Sea(Above
Sign re 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _ Signer's Name: _
El Individual it Individual
rl Corporate Officer — Title(s): __ ❑Corporate Officer — Title(s): _
❑ Partner — 0 Limited Cil General Ll Partner — C:1 Limited i_ General •
Attorney in Fact :1 Attorney in Fact Top or mums Here
Top of thumb here r�Trustee
E Trustee
Guardian or Conservator [__1 Guardian or Conservator
E] Other: --
❑Other:
Signer Is Representing: Signer Is Representing: _
a
2006 National Notary Association-9350 De Soto Ave_P-O.Box 2402•Chatsworth,CA 91313-2462 Item No 5907 Reorder Cali Toll-Free 1-800-876-5827
Page I of I
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Bernardino, City of
Redlands, described as follows:
The West half of Lot 1.0, Barton Ranch, as shown by Map on file in Book 6, Page(s)19,of Maps,
Records of San Bernardino County, California;
EXCEPTING therefrom that portion thereof described as follows:
BEGINNING at a point on the West line of said Lot 10, in the centerline of Nevada Street, now 56 feet
wide, which is North 519.34 feet from the Southwest corner of said Block 10, said corner being on the
centerline intersection of said Nevada Street and Citrus Avenue;
Thence along the centerline of Nevada Street North 85 feet,
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Thence at right angles East 190 feet,
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Thence at right angles South 85 feet;
Thence West 190 Feet to the POINT OF BEGINNING;
ALSO EXCEPTING therefrom the South 80 feet of the West half of Lot 10 of Barton Ranch as shown
by Map on file in Book 6, Page(s)19, Maps, Records of San Bernardino County, California.
This legal description was obtained from the Grant Deed
of the sub�j proper y recorded June 1,2007 as
Instrume No. 200 -0330535 Official Records of said County
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LEGEND
LIMITS OF SUBJECT PROPERTY
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CITY OF REOLAN05 D3iurD7
800 North Haven Avenue, Suite 300 COUNTY OF SAN BERNARDIN0
Ontario California 91764 sc,-.
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STATE OF CALIFORNIA t'�100'
TEL(909)481-5750 FAx:(909)481-5757