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HomeMy WebLinkAboutContracts & Agreements_171-2005_CCv0001.pdf Recorded In Official Records, County of San Bernardino 12/06/2005 LARRY WALKER Wes PM Auditor/Controller — Recorder RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: k R Regular Mall Doc#: 2005—0913899 Titles: 1 Pages: 9 CITY CLERK Fees 0.00 CITY OF REDLANDS Taxes 0.00 PO BOX 3005 Other 0.00 REDLANDS,CA 92373 PAID $0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND MAINTENANCE AGREEMENT Assessor's Parcel Number(s) 172-301-15 THIS AGREEMENT is made and entered into this 19th day of Sept. 2005 by and between Ronald and Shellee Lazar hereinafter referred to as "Owner," and the City of Redlands, a municipal corporation,hereinafter referred to as "City." RECITALS WHEREAS, the Owner owns real property ("Property") in the City specifically described in Exhibit "A," which is attached hereto and incorporated herein by this reference; and WHEREAS, at the time of approval of the development project known as (the "Project") for the Property, the City required the Project to employ on-site control measures to minimize pollutants in urban stormwater runoff; and I Agreements/Mai ntAg rmntO81105 WHEREAS, the Owner has chosen to install gravel infiltration pits, natural swales, ponding and landscape areas , hereinafter referred to as the "Device" and other control measures to minimize pollutants in urban stormwater runoff, and WHEREAS, the Device and other control measures have been installed in accordance with plans and specifications approved by the City; and WHEREAS, the Device and other control measures, 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 peak- performance of the Device and other control measures 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 City's approval of the Project and the mutual promises contained herein, the City of Redlands and (the"Owner") agree as follows: AGREEMENT 1. The Owner hereby provides the City and its designees with full right of access to the Device and other control measures and the immediate vicinity of the property at any time, upon reasonable notice; or in the event of emergency, as determined by City's Public Works Director, no advance notice; for the purpose of inspection, sampling and testing of the Device and other control measures, 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 repairs. 2. The Owner shall diligently maintain the Device and other control measures in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by the Owner and the Owner's representatives in the removal and extraction of materials from the Device and other control measures, 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 I t�l removed,the quantity and the recycle of disposal destinations, as appropriate. 3. In the event the Owner fails to perform the necessary maintenance contemplated by this Agreement, within five (5) days of being given written notice by the City, 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 from the date of the notice of expense until paid in full. 3 AgreementsiMaintAgrmntO81105 4. The City may require the Owner to post security in a form and for a time period satisfactory to the City to guarantee the performance of the obligations stated herein. Should the Owner fail to perform its obligations under this Agreement, the City may, in the case of a cash security deposit, act for the Owner using the proceeds from such cash security; or in the case of a surety bond, require the surety to perform the obligations of this Agreement. As an additional remedy, the City may withdraw any previous stormwater related approval with respect to the Property on which a Device or other control measure has been installed until such time as the Owner repays to the City its reasonable costs incurred in accordance with Section 3, above. 5. This Agreement 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. 6. 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 in-house counsel at private rates prevailing in San Bernardino County). Z7� 4 Agreements,'MaintAgrmnt081105 7. it is the intent of the parties that the burdens and benefits herein undertaken shall constitute covenants that run with the Property and shall constitute a lien against the Property. 8. The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term "Owner" shall include not only the Owner, but also its heirs, successors, executors, administrators and assigns. The Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. The Owner shall provide such notice prior to such successor obtaining an interest in all or part of the Property. The Owner shall provide a copy of such notice to the City at the same time such notice is provided to the successor. 9. Time is of the essence in the performance of this Agreement. 10. 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. Agreements/MaintAgrmnt081 105 CITY OWNER Public Works Director Ronald and Shellee Lazar City of Redlands 3051 Prado Lane PO Box 3005 Colton, CA 92324 Redlands, CA 92373 1.1 This Agreement represents the entire agreement of the parties hereto as to the matters contained herein and supersedes any and all prior written or verbal agreements between the parties as to the subject matter hereof. 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 City and Consultant. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY OF REDLANDS OWNER: Ronal az er SuPeppler, Mayor u,hellee Lazar, Owner i Attest:i L y _/Ci Clerk _'�? fie POY2:1317/; I 7L'� 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 19, 2005, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer f Xj 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. WITNESS my hand and official seal. OF OR _71 LORRIE POYZER, CITY CLERK POA> -:5- By: P 0 Beatrice Sanchez, Deputy City Clerk cy RN01 (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 BELOW: Title or Type of Document: Stormwater Treatment Device and Control Measure Access and... Date of Document: September 19, 2005 Signer(s) Other Than Named Above: Ronald 1 azar and Shellee Lazar CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT TR State of _� County ofr ' before me On -------- Date Name and'ttle of Officer(e.g.."Jane Doe,Notary Pubh Z personally appearedr� 24 r' Q •' Name(s)of Signer(s) ,,✓personally known to me-OR- .-:i proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wlare subscribed to the within instrument �'I and acknowledged to me that heilstTe/they executed the same in hss�her/their authorized capacity(ies), and that by k h+s><w/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, tOaEi>yi MVA190 xecue t d the instrument. AMomilo CormYwfo�f 1661778 WITNESS my hand and official seal. _ Sig ure 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: � f Individual Individual �' C Corporate Officer Corporate Officer Title(s): _ _____ _ Title(s): ---- -- --- - -_ Partner----L.] Limited General Partner— Limited ' General _I Al Attorney-in-Fact Attorney-in-Fact Trustee Trustee Guardian or Conservator --i Guardian or Conservator Icy - . —,' Other: ----_.-,-- Tbp.of thumb here ----- -- Top of thumb here I� -------____-- _' Other: Signer Is Representing: Signer Is Representing: r t -------- — - - --- --- ©1995 National Notary Association•8236 Remmet Ave.,P,0 Box 7184•Canoga Park,CA 91309-7184 Prod.No 5907 Reorder,Call Toll-Free 1-860-876-6827 EXHIBIT A Legal Description Legal Description. Parcel 2 of Map 13978 as recorded in Book 161 of Maps, Pages 62 and 63 thereof in the Office of the Recorder, County of San.Bernardino, State of California. June 09, 2005 PUBLIC WORKS DEPARTMENT E NIJO Engineering Administration Division MEMORANDUM TO:* Lorrie Poyzer, City Clerk FROM: Tom T. Fujiwara, Assistant Public Works Director THROUGH: Ronald C. Mutter, Public Works Director DATE: September 15, 2005 SUBJECT: Stormwater Treatment Device Access and Maintenance Agreement for CRA No. 801 and 802 located on Palmetto Avenue and California Street; 1513 Cypress Avenue Attached are two duplicate signed and notarized originals of the Stormwater Treatment Device Access and Maintenance Agreement for the CRA No. 801 and 802 projects located on Palmetto Avenue and California Street and a residential project located at 1513 Cypress Avenue. As authorized by Resolution No. 6394, adopted by City Council on May 17, 2005, please have the Mayor and City Clerk execute both Agreements for each of the projects and have one of them recorded. Please forward the signed, unrecorded originals of the Agreement and copies of the recorded Agreement to the Public Works Department for our records. TTF:tf FILE: CRA NO.Sol CRA NO 80? 1513 CYPRESS AGF NU -GRADING 4 fi V, V