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HomeMy WebLinkAboutContracts & Agreements_175-2007_CCv0001.pdf Recorded in Official Records. County of San Bernardino 912012007 9:04 AM 9, LARRY WALKER SH Auditor/Controller - Recorder RECORDING REQUESTED BY 7 R Regular Mail AND WHEN RECORDED MAIL TO: Doc#: 2007-0539147 Titles: 1 Pages: 7 CITY CLERK Peas 0-00 CITY OF REDLANDS Taxes 0.00 Other 0.00 P.O. BOX 3005 PAID $0.00 REDLANDS, CA 92373 FEES NOT REQUIRED SPACE ABOVETHIS 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) 0292-201-08, 21, and 22 THIS AGREEMENT is made and entered into this 29thday of August 2007, by and between V M J Villa LLC ("Owner"), and the City 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 Owner owns real property("Property") in the City specifically described in Exhibits "A" and"B"which are attached hereto and incorporated he.rein by this reference; and WHEREAS, at the time of approval of the Owner's development project commonly known as, Tract 17693 (the "Project"), the City required the Project to employ on-site control measures to minimize pollutants in urban ston-nwater runoff, and WHEREAS, the Owner has chosen to install a Bioswale and Basin (the "Devices") to minimize pollutants in urban stormwater 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 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 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; City of Redlands Agreement Version January,2007 NOW, THEREFORE, in consideration of the City's approval of the Project and the mutual promises contained herein, the City of Redlands and L and V M J Villa LLC agree as follows: 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 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 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. 0292-201-08, 21 and 22 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 City of Redlands Agreement Version January 2007 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 OWNER Public Works Director V M J Villa LLC City of Redlands Attn: Gerald Fred Zigrossi P.O. Box 3005 256 Cajon Street, Suite A Redlands, CA 92373 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 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. CITY OF REDLANDS: . O M J , Jon arrison, Mayor d Zlgrass ` g Member Attest: Lo Poyzer, Cit le k 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 September 17, 2007 before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison and Lorrie Poyzer I X) personally known to me - or - I 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. 00 111 11 H111111111, WITNESS my hand and official seal. o�- "E 0 4 '/// 4 Pr"R LORRIE POYZER, CITY CLERK cpf( By: C' Teresa8aer7531 Assista.t �ClerktFO (909)7 CAPACITY CLAIMED BY SIGNER(S) ludividual(s) signing for oneself/themselves Corporate Officer(s) Title(s) Company Partner(s) Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust 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: Storrnwater Treatment Device and Control Measure Access and Maintenance Agreement, APN 0292-201-OS, 211 and 22 Date of Document: August 29, 2007 Signer(s) Other Than Named Above: V M J VILLA, LLC, Owner; by: Gerald Fred Zigrossi, Managing Member CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � � state of California ss. � 3County of '�Yl l ' l� � fi 2�d � before me, 91 (� on � . tes..• 119 ooa. personally appeared - ❑personally known to mel proved to me on the basis of satisfactory evidence to be the person('s,} whose name(%) is/bft subscribed to the within instrument and acknowledged to me that he/ executed l the same in hislher'/thair authorized J.MW capacity(m), and that by hisfhe0444 Com""On*1602752 signature(s)on the instrument the persons),or My"Y K"c•CdgonvO the entity upon behalf of which the persons) t ' sn ftff° o CW* acted, executed the instrument. *COMM p Aug 26, WITNE m d official seal —�_soleft e a nasty oPnorva,` 'through the intornww"below is not mquFred by law,tt may prove valuable to persons relying on the doa wwt and=0 Prevent fraudulent removal and reattachment of dus form to anoMer docwnent Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer MCI Signer's Name: TOP of ►ire ❑ Individual ❑ Corporate Officer—Tdle(s): ❑ Partner—❑limited ❑General ❑ Attorneywin-Fact ❑ Trustee ❑ Guardian or Conservator ❑ other: Signer is Representing: fir-= -. . ..-• ,� � ,� ..�- .� �. CA 8131&Z� •w,rw.r+aBorvtls�Xa9 Prat.No.5807 O 1988 ttmiar�tb{ery Amo^• 9360 Pe Solo Ave.,P.Q Box 2402•CM9131+24W EXHIBIT 'A' LEGAL DESCRIPTION THAT POTION OF THE SOUTHWEST ONE-QUARTER OF LOT 17 OF BARTON RANCH, LOCATED IN THE CITY OF REDLANDS, AS PER PLAT RECORDED 1N BOOK 6 OF MAPS, PAGE 19, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF ALABAMA STREET, BEING OF VARIOUS WIDTHS ON THE EAST SIDE, LYING ADJACENT TO AND WESTERLY OF SAID LOT 17, AND ALSO THAT PORTION OF ORANGE AVENUE, BEING 33.00 FEET WIDE ON THE NORTH SIDE, LYING ADJACENT TO AND SOUTHERLY OF SAID LOT 17, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINES OF SAID ALABAMA STREET AND SAID ORANGE AVENUE, THENCE NORTH 01°02'00" WEST 565.95 FEET ALONG SAID CENTERLINE OF ALABAMA STREET; THENCE LEAVING SAID CENTER LINE OF ALABAMA STREET, NORTH 88058'00" EAST 40.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID ALABAMA STREET; THENCE SOUTH 81044'37" EAST 628.62 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER; THENCE SOUTH 41 002'32" EAST 470.80 FEET ALONG SAID EAST LINE AND THE PROLONGATION OF SAID EAST LINE TO A POINT ON SAID CENTER LINE OF ORANGE AVENUE; THENCE SOUTH 89030'57" WEST 660.48 FEET ALONG SAID CENTER LINE OF ORANGE AVENUE TO THE INTERSECTION WITH SAID CENTER LINE OF ALABAMA STREET AND THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 7.91 ACRES, MORE OR LESS. SAID DESCRIPTION AFFECTS APN 0292-201-08, 21 AND 22. PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 229, LOCATED IN THE CITY OF REDLANDS, AS PER PLAT RECORDED IN BOOK 2 OF PARCEL MAPS, PAGE 89, RECORDS OF SAID COUNTY, LIES WITHIN SAID DESCRIBED PORTION OF LOT 17. L LA CARSON L. STORER P.L.S. 3913 pi .3913 EXPIRATION DATE: JUNE 0, 2008 6-30-06 /e.,..;, 40' G2,5,G2, POR �' 1/4 LOT 1.7 �. N BARTON NCH LINE L-X 7 MB 6/1 N Ln PARCEL MAP NO. 2)29 27 PM1 2/89 \' PSP IP ORANGEv AVENUE N89°30' 57"t GGO, 8' -, LA PLS N , Exp.