HomeMy WebLinkAboutContracts & Agreements_162-2008_CCv0001.pdf Recorded in Official Records, County of San Bernardino
PLEASE COMPLETE THIS INFORMATION crt
LARRY WALKER 10/06/2008
t.
Auditor/Controller — Recorder LJ
RECORDING REQUESTED BY:
CITY OF REDLANDS R Regular Mai(
Doc#: 2008--044799
� Titles: 1 Pages: g
AND WHEN RECORDED MAIL.TO: I
Fees
CITY CLERK Taxes 0.00
CITY OF REDLANDS other 0.00
P .O. Box 3005 ParD 0-00
REDLANDS , CA 92373 $0.00
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT APN 0295-061-20
Title of Document
D PUO D
'Ti, 92 &D 0 a oQ
0
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
(Rev. 1;`OTdt) (S:iMaster FormslExamining,'Doc Corer Sheet)
RECORDING REQUESTED BY
AND W14EN RECORDED MAIL TO:
CITY CLERK
CITY OF REDLANDS
P.O. BOX 3005
R:EDLANDS, CA 92373
SEES NOT REQUIRED
PER GOVERNMENT CODE
SE ATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number
0298-0161-20
THIS AGREEMENT is made and entered into this 2nd day of Sept ember 2008,
by and between Stor-n-Lock Partners 423, LLC `'0wner" , and the Cita 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 Omer owns real property("Property") in the Cite specifically describe
in Exhibits"A" and "B" which are attached hereto and incorporated herein by this reverence; and
WHEREAS,AS, at the time of approval of the Owner's development project commonly
known as Suer-n-Lock, 1006 Wabash Ave. Redlands_ Ca 92373 and Tiled as CRA 854®PR935,
the City required the Project to employ on-site control measures to min,mize pollutants in urban
stormwater runoff; and
SHE AS, the E ner leas loser to install an Cnder;round InBasin and
catch basin filter inserts(the"Devices" to minimize pollutants in urban star water 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 beim; 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;
3
3 City of Realands
Agreement Vars�an jaruari 2007
.0 ideration of the City's approval of the Project and the
NOW, THEREFORE, in - ns City of Redlands and [Entity Legal Name ofOwnin-
mutual promises contained herein, the
Entity] agree as follows-
AGREEMEN
1. The Owner hereby provides the City and its designees with full right of access to the
Devices and the Owner's Property in these
vicinity of the Devices (a) at any
time, upon reasonable notice; or (b) tot 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 enstin irsor other preventative measures at the Owner's expensefor Sec3,
below. The City shall make evereffort at all times to minimize or avoid interference
�y
with the Owner's use of the Property when undertaking such inspections and repairs.
It dmaintain the Devices in a manner consistent with the
The Owner shalt diligently
manufacturers' recommended maintenance schedule to ensure efficient performance. All
reasonable precautions shall be exercised by the owned the Owner's represedntatives
in the removal and extraction of materials from the Devr anices, and the ultimate isposal of
le laws, As may be requestefrom
the materials in a manner consistent with all applicab I
time to time by the City, the Owner shall provide the City with documentation idendif�ying
t
the materials removed, the quantity and the location of disposal destinations, as
appropriate,
e Owner fails to ofothe eIn the event th aybeing given written notice by the CitV to
dotso,
Agreement within thirty (30) d
city the action to be taken, the City is authorized to cause any
sett ing forth with specificity done and charge the entire cost and expense to the Owner,
maintenance necessary to be
including administrative costs, attorneys, fees and interest thereon at the maximum axium rate
authorized by law, twenty � -
'20) days after the Owner's receipt of the notice of expense
until paid in full, County of San Bernardino Assessor's Parcel Nos. 0298-061-20,
4. This Agreement affects of the County of San Bernardino at the
and shall be recorded in the Official Records
expense of the Owner and shall constitute notice to all successors and asalsosigns constitute to the titlea
to the Property of the obligations herein set forth. This Agreement shall
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
prevailing hall, in addition to any costs and other relief, be
this Agreement the prevai. .Party s
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in
house counsel by a Party.
M,
M
Ch,cf Redlarlcr-
'7
FIN Agreement Version jaruary,200
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 tine it ceases to be an owner of the encumbered Property, except for
obligations which accrue prior o 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
Municipal Utilities &
Engineering Director Stor-n-Lock Partners #23, LLC
City of Redlands 678 East Vine Street, Suite 9
PO Box 3005 Salt Lake City, UT 84107
Redlands, CA 92373
9. This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
10. Any amendment o 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_9f REDLAN-DS: OWNER:
X
z Stor-n-Lock Partners#23, LLC,
J Harrison, Mayor a Utah limited liability company
By McCullough-Jones Properties, LLC,
a Utah lirni d liability ompany, managing
membelp
Attest:
�lan t . Jones, manager
ie Poyzee, ity)clerk
Fran414in S. McCullough;`,rrianagey
City of Redlands
Agreement Version January 2007
ALL-PURPOSE ACKNONVLEDGMENT
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 2, 2008, before
i
me, Lisa Caldera, Administrative Assistant, on behalf of Lorric Poyser, 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 narne(s) mare subscribed to
the within instrument and acknowledged to me that he,1she they executed the same in his,lhenitheir
authorized capacity(ies) and that by his/heF/their 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 Linder the laws of the State of California that the foregoing
paragraph is true and correct.
ON\\NXt1111 lilt///,/ WITNESS my hand and official seal.
REI)
of
P LORRIE POYZER, CITY CLERK
to
BY:
Lisa Caldera, Administrative Assistant
(909)798-7531
------h
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
jxj Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
------------------------------------I-------—---------------------------
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
'Title or Type of Document: Storrnwatcr Treatment Device and Control Measure Access and
Maintenance Agreen-tent; APN 0298-061-20
Date of Document: September 2. 2008
Signer(s) Other Than Named Above: Star-n-Lock Partners #23, LLC, a Utah limited liability company.,
In I i ity company, managing member, Alan R.
by McCullough-Jones Properties, LLC, a Utah finuted liability managi
Jones, Manager, Franklin S. McCullough, Manager
Form of Acknowledgement
Stor-n-Lock Partners#23, LLC
State of
Ss
County or
On this day of 2008 appeared before me respectfully,
Franklin S. McCullough, manager, r-n-Lock Partners #23, LLC, a Utah limited
liability company, by McCullough-Jones Properties, LLC, a Utah limited liability
company, managing member, the signor of this above instrument, who duly
acknowledged to me that he executed the sa
Roy HEEL' BONN
to Ct
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20i A
�t t
Of Utah
------------
(Seal)
Form of Acknowledgement
Stor-n-Lock Partners#23, LLC
State of
) ss
County of
On this day of __, 2008 appeared before me respectfully,
` ` "� �-
Alan R. Jones, manager, Stor-n-Loc artners#23, LLC,a Utah limited liability
company, by McCullough-Jones Properties, LLC,a Utah limited liability company,
managing member, the signor of this above instrument, who duly-acknowledged to me
that he executed the same.
(N0tary)
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ROCHELLE BONN s
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f Wrct.Jordan,UT SAO"
My Commixsion Expires
Vehruary 7,2411
l••• State of Utah
------------
Exhibit
Legal Description
A.P.N. 0298-061-20
STRETCH MAP MENTONE LOTS 1, 2 AND 3, BLOCK 3 EXCEPT PORTION OF LOTS
1 AND 2 BEGINNING AT S1 009'15"E 303.59 FEET N 89°19'0"E TO CENTERLINE
JASPER AVE THEN ALONG SAID CENTERLINE TO CENTERLINE NICE AVE THEN
WEST ALONG SAID CENTERLINE TO POB AND PORTION WEST 112 VAC STREET
ADJACENT ON EAST EXISTING STREET PER 12-28-83 8 -305068 AND EXCEPT
PORTION LOT 3 LYING SOUTH OF THE FOLLOWING; LINE, COMMENCING AT
CENTERLINE INTERSECTION NICE AVE AND WABASH AMIE THEN S 1 °09"15" E
543,01 FEET FROM SAID CENTERLINE INTERSECTION WABASH AVE AND NICE
AVE THEN N 89°19'0" E TO INTERSECTION WITH NORTH WESTERLY LINE OF
100 FOOT RIGHT-OF-WAY OF AT&SF RIGHT-OF-WAY CC 1-26-90 #90-033665)
EXISTING STREET.
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City of Redlands
Exhibit B
Map
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AUDITOR/CONTROLLER-RECORDER
COUNTY CLER1 '2co"T, COUNTY OF SAN BERNARDINO
SAN lCRNARD�NO
LARRY WALKER
AUDITOR/CONTROLLER • 222 West Hospitality Lane,Fourth Floor Auditor/Controller-Recorder
San Bernardino,CA 92415-0018 • (909)387-8322 - Fax(909)386-8830 County Clerk
RECORDER • COUNTY CLERK • 222 West Hospitality Lane,First Floor ELIZABETH A. STARBUCK, CGFM
San Bernardino,CA 92415-0022 • (909)387-8306 - Fax(909)386-9050 Assistant Auditor/Controller-Recorder
Assistant County Clerk
Date: 9/12/2008 Transmittal# 1009060
City Clerk
City of Redlands
P. O. Box 3005
Redlands CA 92373 - 1505
To: City Clerk
We have reviewed the attached document(s) on 9/12/2008 and have determined that due to the
following reasons the document(s) is/are not recordable:
* The document submitted for recordation requires a notary certificate of
aknowledgement in compliance with your state requirements.
Alan R. Jones
In order to record this document(s) please submit the requested items, any required fees, and a copy of
this letter in the enclosed envelope. Please insure proper postage is affixed prior to mailing.
Additional information is available at our website at http://www co san-bernardino.ca.us/acr.
Should you have any questions regarding this letter, please contact our Customer Service Hotline at
(909)386-9095.
Thank you
Respectfully,
4.4,,
Linda Jefferson
Legal Document Classifier II
TRAN4.DOT page I of)
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