HomeMy WebLinkAboutContracts & Agreements_166-2008_CCv0001.pdf Recorded In Official Records,
County of San Bernardino 10110/2008
PLEASE COMPLETE THIS INFORMATION4 �7 LARRY WALKER 4:19 PM
x x Auditor/Controller — Recorder fQ
RECORDING REQUESTED BY: 15
CITY OF REDLANDS � R Regular Mail
AND WHEN RECORDED MAIL TO: Dock 2008—0456613 Tales: 1 Mages: 8
CITY CLERK Fees 0.00
Taxes 0.00
CITY OF REDLANDS Other 0.00
P.O. BOX 3005 PAID
REDLANDS , CA 92373
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
0172-121-04 , 0172-121-05 , 0172-121-06
Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev. 1/07:dt)
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Recorded in Official Records, County of San Bernardino 1112008
PLEASE COMPLETE THIS INFORMATION
LARRY WALKER .1 Rm
$� AK� Auditor/Controller — Recorder
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RECORDING REQUESTED BY:
CITY OF REDLANDS R Regular Mail
Doc#:X 2008—0456013 Titles: t Pages: g
AND WHEN RECORDED MAIL TO:
CITY CLERK Fees 0.00
CITY OF REDLANDS Taxes 0.00
Other 0,00
I
P.O. BOX 3005 Para $e.ae
REDLANDS , CA 92373
i
SPACE ABOVE FOR RECORDER'S OSE py
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
0172-121-04 , 0172-121-05 , 0172-121-06
Title of Document
A D pno <'
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C 0 p Q
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev. 1107:dt)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES NOT REQUIRED SPACE ABOVE THIS LINE FOR RECORDER'S USE
PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
0172-121-04,0172-121-05,0172-121-06
THIS AGREEMENT is made and entered into this 7 rh day of pCrnhPr 2008,
Redlands Community Hospital, ("Owner"),and the City of Redlands,a municipal corporation(`Cit�by and between
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 "Shone
Parking Lot"CUP 355 Rev. 11, (the"Project"),he 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 Treatment Control Devices (Bioretention Basin) as shown on
the Water Quality Management Plan filed with the City of Redlands (the "Devi
urban stormwater runoff, and Ices") to minimize pollutants in
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
privaterop
facilities with all maintenance or replacement therefor being the sole responsibility of heOwnerrandrty, are private
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 Redlands Community Hospital agree as follows:
City of Redlands
Agreement Version January 2007
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 Director of Municipal Utilities and Public Works
Engineering/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. 0172-121-04, 0172-121-05, and
0172-121-06 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 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 of Redlands
Agreement Version January 2007
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CITY OWNER
Director of Municipal utilities and Public
Works Engineering 1 City Engineer
City of Redlands Redlands Community Hospital
P.O. Box 3005 350 Terracina Blvd.
Redlands,CA 92373
Redlands,California 92373
10. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
1 I. 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.
CITYQF REDLANDS: OWNER:
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JorrHamson, Mayar Redlands ommunity Hospital
Harvey Hansen, Vice President of Professional and
General Services
Attest:
Lori 11 oyzer, rr itSP Clerk
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 1181, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on October 7, 2008, 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 who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)mare subscribed to
the within instrument and acknowledged to me that he/sh&they executed the same in hisAwr4their
authorized capacity(ies) and that by hisftheir 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.
i , o .°•. LORRIE POYZER, CITY CLERK
888
B 'A
114,11111 Iit I k 0 N y Teresa Ballinger, Assistant City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
������������������
{ } Individuals) signing for oneselflthemselves
{ } 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, Stormwater Treatment Device and Control Measure Access and
Maintenance Agreement; APN 0 172-12l-04, 0172-121-05, 0172-121-06
Date of Document: October 7. 008
Signer(s) Other Than Named Above: Redlands ConInit"Alty Flospital, Harvey S. llanscn. Vice President
of Professional and General Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of.j,,�11 /`prna/Y 6'xt-j
On
ZZ9-/d lirV
before me,_ _��� t�ro ✓•�
Date Here Insert Name and Title of the Officer Notary Public,
Personally appeared ���� ���
Names)of Signer(s)
Proved to me on the basis of satisfactory evidence to be the
person(,$)whose name( f/ate subscribed to the within
instrument and acknowledged to me thatie she/they
`—
UtiAiE!MAT executed the same in (gjher/#heix authorized
capacity(ipk,and that b is h
COWA*W t i 18032W instrument the erson y� e1r entity
upon
the
� � P (s} or the entity upon behalf of
Cotmtp
which the persotka)acted,executed the instrument.
-
C $E a JW 20,2012 I certify under PENALTY OF PERJURY under the Iaws of
the State of California that the foregoing paragraph is true
and correct.
WITNESkZmyand and official seal.
Place Notary Seat Above Sign � ,
Signature of Notary P. lic
---------------------------------
-------OPTIONAL------------------
Though the information below is not required by law,it may prove valuable to person relying on the document
and could preventfraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or type of Document:
Document Date: ��F✓
j QNutnber of Pages:
Signer(s)Other Than Named Above: dd��
Capacity(ies)Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer--Title(s):
❑ Corporate Officer--Title(s):
❑ Partner-- ❑Limited❑General
❑ Partner—[]Limited[]General
❑Attorney-in Fact
I" ❑Attorney-in Fact
Fl Trustee Top of thumb here
❑Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other: ❑ Guardian or Conservator
El Other:
Signer Is Representing: Signer Is Representing:
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF LOTS 12, 13, 14, AND 15 OF TERRACING BLUFF LOTS, IN THE CITY OF REDLANDS,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 OF MAPS,
PAGE 38, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF THE SOUTHERLY 36 FEET OF SAID LOT 12. SAID
POINT BEING ON THE SOUTHERY LINE OF TERRACINA BOULEVARD (FORMERLY CRESCENT
BOULEVARD)40 FEET WIDE AS SHOWN ON SAID MAP OF TERRACINA BLUFF LOTS; THENCE SOUTH
37055'41"WEST, 3.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 52014'58"WEST, PARALLEL WITH AND 43.00 FEET MEASURED AT RIGHT ANGLES TO
THE CENTERLINE OF SAID TERRACINA AVENUE, 283.92 FEET TO A POINT ON THE NORTH LINE OF SAID
LOT 15;
THENCE SOUTH 37°54'50"WEST, ALONG THE NORTH LINE OF SAID LOT 15, A DISTANCE OF 207.50 FEET;
THENCE SOUTH 52014'58" EAST, 94.36 FEET;
THENCE NORTH 37045'02" EAST, 15.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONAVE TO THE
SOUTH AND HAVING A RADIUS IS 2.50 FEET;
THENCE EASTERLY 3.35 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76052'44';
THENCE SOUTH 65022'14" EAST, 14.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE EAST AND HAVING A RADIUS OF 2.50 FEET;
THENCE SOUTHERLY 3.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87059'52';
THENCE SOUTH 22037'38"WEST, 15.50 FEET;
THENCE SOUTH 67022'22" EAST, 19.00 FEET;
THENCE NORTH 22037'38" EAST, 15.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE SOUTH AND HAVING A RADIUS OF 2.50 FEET;
THENCE EASTERLY 3.93 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00";
THENCE SOUTH 67022'22" EAST, 30.22 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE NORTH AND HAVING A RADIUS OF 29.50 FEET;
THENCE EASTERLY 22.78 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44014'57"TO THE
BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 2.50 FEET;
THENCE EASTERLY 2.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59022'21";
THENCE SOUTH 52014'58" EAST, 19.96 FEET;
THENCE NORTH 3704502" EAST, 18.00 FEET;
THENCE SOUTH 52014'58"EAST, 28.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE WEST AND HAVING A RADIUS OF 2.50 FEET;
THENCE SOUTHERLY 3.93 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90100'00";
THENCE SOUTH 37045'02"WEST, 20.50 FEET;
THENCE SOUTH 52014'58" EAST, 37.00 FEET;
THENCE NORTH 37045'02"EAST, 18.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO
THE SOUTH AND HAVING A RADIUS OF 2.50 FEET;
THENCE EASTERLY 3.93 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00";
THENCE SOUTH 52014'58" EAST, 11.65 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 36.00 FEET
OF SAID LOT 12;
THENCE NORTH 37055'41"EAST, 141.50 FEET ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING.
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Agreement Version January 2007
EXHIBIT B
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City of Redlands
Agreement Version January 2007