HomeMy WebLinkAboutContracts & Agreements_219-2005_CCv0001.pdf Recorded in Official Records, County of San Bernardino 11/09/2005
LARRY WALKER gN 2 PM
Auditor/Controller — Recorder
t
RECORDING REQUESTED BY R Regular Mail
AND WHEN RECORDED MAIL TO:
Doc#: 2005--0846096 Titles: 1 Pages: 10
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
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS AND
MAINTENANCE AGREEMENT FOR TRACT 16556
Assessor's Parcel Numbers 0168-111-01, 0168-101-07-0-000, 0168-101-08-0-000
THIS AGREEMENT is made and entered into this 7th day of November,2005 by
and between KB HOME Greater Los Angeles Inc. 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
Agreernents.^A' tkRtPMai,nt Agrmntii,rtf
WHEREAS, the Owner has chosen to install an infiltration basin, 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
removed, the quantity and the recycle of disposal destinations, as appropriate.
3. In the event the Owner falls 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.
AgreementwWQMPMaint Agrmntrtf
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
Citv, 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),
4
AgreementsiWOMPMaint Agrmntrtf
T 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. Upon
the delivery to the City of such a notice, KB HOME Greater Los e
Ang les Inc. shall be
.
released and relieved of its obligations under this agreement.
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.
AgreementsMOMPMaint Agrmnt rtf
CITY OWNER
Public Works Director KB HOME Greater Los Angeles Inc.
City of Redlands 801 Corporate Center Drive, Suite 201
PO Box 3005 Pomona, CA 91768
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.
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.
6
AgreementsIANIQMPMaint Agrmntrtf
CITY OF REDLANDS OWNER: KB HOME Greater
Angeles, Inc.
Sus Peppler, Mayor St, e as man. Director of Forward
PI n g
Attest:
Lorne Poyzer,rr Y Jerk
Agree ment&AVQMPMair}t Agrmnt:rtf
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 November 7, 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 { 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.
WITNESS my hand and official seal.
o V R
LORRIE POYZER, CITY CLERK
rj eRpo'q % 0
;4
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
-------------------------------------------
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type pe of Document: Storrnwater Treatment Device and control Measure Access and ...
Date of Document: November 7, 2005
Signer(s) Other Than Named Above: Stacey Sassaman, KB HOME Greater Los Angeles, Inc.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
4n October 24, 2005 before me, Sheri Mclnturff, Notary Public,
personally appeared Stacey Sassaman, personally known to me to be
the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Sheri Mclnturff c
t 123
J1&'MyC0ffMbp#ft.AUq27,E
EXHIBIT "A"
TRACT NO. 16556
LEGAL DESCRIPTION
ALL OF THAT CERTAIN REAL PROPERTY DESCRIBED AS TRACT NO. 16556 IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP
FILED UNDER DOCUMENT NUMBER 2005-0426191 IN BOOK 308, AT PAGES 98 THROUGH 103,
INCLUSIVE, OF TRACT MAPS IN THE OFFICE OF THE AUDITOR-CONTROLLER RECORDER OF
THE SAID COUNTY.
PREP ED U DER TH SUPER N OF:
L AND
W.
CL .4693
GARY W. DOKfH, P.L.S. 4693 DATE TE
L.S
LICENSE EXP EF=!
';9-30-2007 Exp.9-30-07
GA3611261LEGALS116556DESC.D0C OF CAOF