HomeMy WebLinkAboutContracts & Agreements_146-2007_CCv0001.pdf Recorded in Official Records. GoontV of San Bernardino 8/29/2007
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Auditor/Controller — Recorder
0011 RECORDING REQUESTED BY s R Regular Mail
AND WHEN RECORDED MAIL TO:
Doc#: 2007—0501131 Titles: Pages: 7
CITY CLERK Rees 0.00
CITY OF REDLANDS Taxes 0.00
P.O. BOX 3405 I j Other0.00
REDLANDS, CA 92373 PAID
FEES UT REOUIRED
PER GOVERNMENT CODE sP�cF ar3ovF riffs LfhiE Folz fzFcofzr�ER's fJSE
SECTION 6103
STORMWATER TREATMENT DEVICE AND CONTROL MEASURE ACCESS
AND MAINTENANCE AGREEMENT
Assessor's Parcel Number(s)
4186-131-049
THIS AGREEMENT is made and entered into this 12th day of June 2447
ment `Owner" '
by and between Winstar Development ("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 herein by this reference; and
WHEREAS, at the time of approval of the Owner's development project commonly
known as Cambria Estates —Tract 17464 and filed as CUP 884 (the "Project"), the City required
the Project to employ on-site control measures to minimize pollutants in urban stormwater
runoff; and
WHEREAS, the Omer has chosen to install Enhanced Vegetated Swales (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
v
NOW, THEREFORE, in consideration of the City's approval of the Project and the
v mutual promises contained herein, the City of Redlands and [Entity Legal Name of Owning
Entity] 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. 0186-131-009,
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
A 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 Mike Kent
City of Redlands Winstar Development
P.O. Box 3005 715 West Foothill Blvd.
Redlands, CA 92373 Glendora, CA 91740
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: OWNS
Jo"`amson, Ivlayor Mike Kent, Owner
Attest:
Lorrie,F�oyzer, City
City of Redlands
Agreement Version January 2007
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority ZP g-anted under Chapter 4, Article 3, Section 118 1, of the California Civil Code, and
Chapter 2, Division 3, Section 40814, of the California Government Code, on August 27, 2007,
before me, Teresa Ballinger, Assistant City Clerk, on behalf of Louie Poyzer, City Clerk of the City
of Redlands, California, personally appeared Jon Harrison, Mayor and Lorrie Poyzer, City
Clerk I XI personally known to me - or - { 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.
NN WITNESS my hand and official seal.
0
-I %
-P LORRIE POYZER. CITY CLERK
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Teresa Ballinger, Assistant City Clerk
(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
jxj 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
Maintenance Agreement: APN 0186-131-009
Date of Document: June 12, 2007
Signer(s) Other Than Named Above: Winstar Development, by: Mike Kent, Owner
r
ALL PURPOSE ACKNOWLEDGMENT
ri
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On JUNE 12, 2007
before me, Gabriela Rizo
a Notary Public in and for said State, personally appeared
MIKE KENT
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
.Lem
Signature
f
(This area for official notarial seal)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of
this certificate to another document.
THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Stormwater Treatment Device and
THE DOCUMENT DESCRIBED AT RIGHT. Control Measure Access and Maintenance Agreement
Number of Pages 3
Date of Document June 12, 2007
Signer(s) Other Than Named Above
t
ME
4
AN x,
EXHIBIT "A"
a
LEGAL DESCRIPTION
LOTS 49, 50 & 51 OF TRACT NO. 2153, IN THE CITY OF REDLANDS, AS PER MAP
RECORDED IN BOOK 32, PAGE 8 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 51, SAID POINT
BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CAPRI AVENUE DISTANT
30.00 FEET FROM THE CENTERLINE THEREOF;
THENCE NORTH 890 13' 26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE,
570.07 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 49, SAID POINT
BEING THE CENTERLINE OF WABASH AVENUE;
THENCE SOUTH 000 31' 10" EAST ALONG SAID CENTERLINE, 426.76 FEET TO
THE SOUTHEASTERLY CORNER OF SAID LOT 49;
THENCE SOUTH 890 15' 0Z WEST ALONG THE SOUTHERLY LINE OF SAID LOT
49, 570.12 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 51;
THENCE NORTH 000 30' 46�WEST ALONG THE WESTERLY LINE OF SAID LOT 51,
426.49 FEET TO THE POINT OF BEGINNING.
THE AREA OF THIS LOT IS 243,216 S.F. (5.58 ACRE) MORE OR LESS.
SEE ATTACHED EXHIBIT"B" HEREWITH AND BY THIS REFERENCE MADE A PART
HEREOF.
THIS DOCUMENT WAS PREPARED UNDER SUPERVISION OF:
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