HomeMy WebLinkAboutContracts & Agreements_168-2005_CCv0001.pdf Recorded in Official Records, County of San Bernardino 9/0612005
LARRY WALKER 2:21 PM
Auditor/Controller — Recorder
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
Doc#: 2005—0662025 Titles: 1 Pages: 9
CITY C CLERK I Fees 0.00
CITY OF REDLANDS II Taxes 0.00
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SPACE ABOVE THIS LINE FOR RECORDER'S USE PER GOVERNMENT CODE
SECTION 6103
STORMWATER TREATMENT DEVICE ACCESS AND
MAINTENANCE AGREEMENT
Assessor's Parcel Number(s) (4PN) 029219111
THIS AGREEMENT is made and entered into this 31st day of August, 2005,by and
between Stiel Merritt Developers 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
Citrus Grove Business Park (the"Project")for the Property,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 vegetated swales and yervious concrete
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pavement -, hereinafter referred to as the "Device", as an on-site control measure to minimize
pollutants in urban stormwater runoff; and
WHEREAS, the Device has been installed in accordance with plans and specifications
approved by the City; and
WHEREAS,the Device,being installed on private property and draining only private property,
is a private facility 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 peak
performance of the Device and that such maintenance activity will require compliancewith 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 Stiel Merritt DevelgVers agree as follows:
AGREEMENT
I The Owner hereby provides the City and its designees with fall right of access to the Device
and its 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
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purpose of inspection, sampling and testing of the Device, 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 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 the ultimate
disposal of the materials in a manner consistentwith all applicable laws. As may be requested
from time to time by the City,the Owner shall provide the City with documentationidentifying
the materials 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 administrativecosts,attorneys'fees and interest thereon at the
maximum rate authorized by law from the date of the notice of expense until paid in fall.
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
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remedy, the City may withdraw any previous stormwater related approval with respect to the
Property on which a Device 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).
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 obtainingan interest in all or part
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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 th 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 Name:- Dan Merritt
City of Redlands Company: Stiel Merritt Developers
PO Box 3005 Address: 2015 Park Avenue. Suite I
Redlands, CA 92373 City./State./ZIP: Redlands, CA 92373
11. 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.
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l 3. 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:
S an Feppler, Mayor Dan Merritt,Principal
Attest:
i'
I
�
Lorrfe Poyzer, e
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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, 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 I Xj personally
known to me - or - f 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.
�01X�1'1 I 111
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WITNESS my hand and official seal.
o
LORRIE POYZER, CITY CLERK
1888
Beatrice Sanchez, Deputy City Clerk
(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
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THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Ston-nwater Treatment Device Access and Mice Agreement
Date of Document: August 31, 2005
Signer(s) Other Than Named Above: Dan Merritt for Stiel Merritt Developers
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino ss.
On �, before me, Lee Han Turner, notary public
Date Name an T e of Officer(e.g.,'Jame Doe,Notary Public")
personally appeared
Names)of Vgner(s)
:1 personally known to me
roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)aare
subscribedto the with instrument and
acknowledged to me she/they executed
the same` in er/their thorized
capacity(ies), and that byher/their
,� ��' signature(s) on the instrument the person(s), or
ME MNComms# 1417903 the entity upon behalf of which the person(s)
Notar
V pu1080-COUtosnto acted, executed the instrument.
Sart 9emardino County
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f Place Notary Seal Above ig ore of Notary Publrc h
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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.
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
N
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual Top of thumb here
Corporate Officer—Title(s):
Partner— Limited General
Attorney in Fact
_= Trustee
Guardian or Conservator
Other: -- --- }
Signer Is Representing:
1g3g Natrona)Notary Ass ,aeon•935o Ue Soto Ave_P.o.Boz 2402•Chatsvtwh,CA 91313-2402•rxvtv.ra6onalnotalY Ng Prod No.5907 Reorder Cats Toff-Free 1-800-878-6827
EXHIBIT "A"
CITRUS GROVE BUSINESS PARD.
310-390 ALABAMA STREET
REDLANDS, CA 92373
ALL THAT PORTION OF THE SOUTHWEST %, BLOCK 18, BARTON RANCH, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 6, PAGE 19 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST % OF BLOCK
18, IN THE CENTERLINE OF ALABAMA STREET;
THENCE SOUTH 890 29' EAST 660.13 FEET ALONG THE NORTH LINE OF SAID
SOUTHWEST %OF BLOCK IS TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 00 01' EAST, 393.85 FEET ALONG THE EAST LINE OF THE
SOUTHWEST % OF BLOCK 18, TO THE CENTERLINE OF THE MISSION STORM
DRAIN;
THENCE SOUTH 820 34' WEST, 665.82 FEET ALONG THE SAID CENTERLINE OF
THE MISSION STORM DRAIN TO THE CENTERLINE OF ALABAMA STREET;
THENCE NORTH 486.07 FEET ALONG THE SAID CENTERLINE OF ALABAMA
STREET, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION IN ALABAMA STREET.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT. BY DEED RECORDED
DECEMBER 23, 1965 IN BOOK 6537 PAGE 709 OF OFFICIAL RECORDS OF SAID
COUNTY.
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PLS NO, 6154cl
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PUBLIC WORKS DEPARTMENT
kIDIANDS 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: August 29, 2005
SUBJECT: Stormwater Treatment Device Access and Maintenance Agreement for
CRA No. 778 -Northeast Corner of Alabama Street and Mission Zanja
Attached are two duplicate signed and notarized originals of the Stormwater Treatment Device
Access and Maintenance Agreement for the CRA No. 778 project located at the northeast corner
of Alabama Street and the Mission Zanja. As authorized by Resolution No. 6394, adopted by City
Council on May 17, 2005, please have the Mayor and City Clerk execute both Agreements and
have one of them recorded. Please forward the signed, unrecorded original of the Agreement and
a copy of the recorded Agreement to the Public Works Department for our records.
TTF:tf
FILE: CRA NO.778