2017/01/12 Agreement Sutter Mitland- BMP Right of Entry Agreement TR 31822-1- APN: 341-200-011, 358-070-010, 358-070-007RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
CITY CLERK
29714 HAUN ROAD
MENIFEE, CA 92586-6540
2017-0016155
01/12/2017 03:14 PM Fee: $ 0.00
Page 1 of 7
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST
MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND
RIGHT OF ENTRY AGREEMENT
PROJECT NAME: Tract 31822-1
PROPERTY OWNER NAME: Sutter Mitland 01, LLC
PROPERTY ADDRESS:
APN: 341-200-011, 358-070-010, 358-070-007
THIS AGREEMENT is,tnade and entered into in
Abn,144,e , California, this day of
«i1 C V , 201 --7 , by and between
Sutter Mitland 01, LLC herein after
referred to as "Owner", and the CITY OF MENIFEE, a municipal corporation, located in the
County of Riverside, State of California hereinafter referred to as "CITY";
WHEREAS, the City is a Co-Permittee for discharging stormwater from its MS4 facilities
pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033,
MS4 NPDES Permit No. CAS 618033. Under the terms of the permit the City is required to
enforce the provisions of the permit within its jurisdiction. The requirements contained in this
agreement are intended to achieve the goals of the MS4 permit;
WHEREAS, the Owner owns real property ("Property) in the City of Menifee, County of
Riverside, State of California, more specifically described in Exhibit "A" and depicted in
Exhibit "B", each of which exhibits is attached hereto and incorporated herein by this
reference;
WHEREAS, at the time of initial approval of development project known as:
TR 31822-1 within the Property
described herein, the City required the project to employ Best Management Practices,
hereinafter referred to as "BMPs," to minimize pollutants in urban runoff;
WHEREAS, the Owner has chosen to install and/or implement BMPs as described in the
Water Quality Management Plan, on file with the City, hereinafter referred to as "WQMP," to
minimize pollutants in urban runoff and to minimize other adverse impacts of urban runoff;
WHEREAS, said WQMP has been certified by the Owner and reviewed and accepted by the
City;
WHEREAS, said BMPs, with installation and/or implementation on private property and
draining only private property, are part of a private facility with all maintenance or
replacement, therefore, the sole responsibility of the Owner in accordance with the terms of
this Agreement;
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 all BMPs in the WQMP and that, furthermore, such maintenance
activity will require compliance with all Local, State, or Federal laws and regulations,
including those pertaining to confined space and waste disposal methods, in effect at the
time such maintenance occurs;
NOW THEREFORE, it is mutually stipulated and agreed as follows:
Right of Access: Owner hereby provides the City of Menifee designee complete
access, of any duration, to the BMPs and their immediate vicinity at any time, upon
reasonable notice, or in the event of emergency, as determined by the City's
Engineer, no advance notice, for the purpose of inspection, sampling, testing of the
Device, and in case of emergency to direct all necessary repairs or other preventative
measures at owner's expense in accordance with the procedures set forth in
paragraph 3 below. City shall make every effort at all times to minimize or avoid
interference with Owner's use of the Property.
2. Responsibility for Operation and Maintenance of BMPs: Owner shall use its best
efforts diligently to maintain all BMPs in a manner assuring peak performance at all
times. All reasonable precautions shall be exercised by Owner and Owner's
representative or contractor in the removal and extraction of any material(s) from the
BMPs and the ultimate disposal of the material(s) in a manner consistent with all
relevant laws and regulations in effect at the time. As may be requested from time to
time by the City, the Owner shall provide the City with documentation identifying the
material(s) removed, the quantity, and disposal destination.
City Maintenance at Owner's Expense: In the event Owner, or its successors or
assigns, fails to accomplish the necessary maintenance contemplated by this
Agreement, the City may cause such maintenance to be conducted on Owner's
Property at Owner's expense if Owner does not commence and diligently work to
perform the maintenance within five (5) days of receiving written notice from the City,
in accordance with paragraph 10 below, of Owner's failure to comply with the terms of
this Agreement. The City may charge the entire cost and expense of any
maintenance undertaken by the City, whether performed as a response to an
emergency situation or following five (5) day written notice by the City, to the Owner
or Owner's successors or assigns, including administrative costs, attorney's fees and
interest thereon at the maximum rate authorized by the Civil Code from the Date of
the notice of expense until paid in full. The City, at its sole election, may take these
costs to be a lien upon the property that may be collected at the same time and in the
same manner as ordinary municipal taxes as provided in Government Code section
38773.5. Nothing in this section or this Agreement creates an obligation by the City to
maintain or repair any BMP, nor does this section prohibit the City from pursuing
other legal recourse against Owner.
4. Surety Bond: The City may require the owner to post security in 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 the obligations under the Agreement, the
City may, in the case of a cash bond, act for the Owner using the proceeds from it, or
in the case of a surety bond, require the sureties to perform the obligations of the
Agreement. As an additional remedy, the City's Engineer may withdraw any previous
stormwater-related approval with respect to the property on which BMPs have been
installed and/or implemented until such time as Owner repays to City its reasonable
costs incurred in accordance with paragraph 3 above.
5. Recording: This agreement shall be recorded in the Office of the Recorder of
Riverside County, California, at the expense of the Owner and shall constitute notice
to all successors and assigns of the title to said Property of the obligation herein set
forth, and also a lien 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. Attorney's Fees: In event of legal action occasioned by any default or action of the
Owner, or its successors or assigns, then the Owner and its successors or assigns
agree(s) to pay all costs incurred by the City in enforcing the terms of this Agreement,
including reasonable attorney's fees and costs, and that the same shall become a
part of the lien against said Property.
7. Covenant: It is the intent of the parties hereto that burdens and benefits herein
undertaken shall constitute covenants that run with said Property and constitute a lien
there against.
8. Binding on Successors: 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 present Owner, but also its heirs, successors,
executors, administrators, and assigns. Owner shall notify any successor to title of all
or part of the Property about the existence of this Agreement. Owner shall provide
such notice prior to such successor obtaining an interest in all or part of the Property.
Owner shall provide a copy of such notice to the City at the same time such notice is
provided to the successor.
9. Time of the Essence: Time is of the essence in the performance of this Agreement.
10. Notice: 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 a notice
address only by providing written notice thereof to the other party.
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
IF TO CITY:
City of Menifee
29714 Haun Road
Menifee, CA 92586-6540
CITY:
By:
_ a4txt�
Robert A. ohnson,
City Manger
APPROVED AS TO FORM:
IF TO OWNER:
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NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
A notary public or other officer completing
this certificate verified only the identity of
the individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
ss.
COUNTY OF OVSn0e_, )
On 1\bW- lrlbQX- 2`� , 2016, before me, M n V WVA
Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the persor(Gs wh se names
-i_� subscribed to the within instrument and acknowled ed to me that4e�s xecuted the same in
k� t ei authorized capaci i s and that by hei signatureo on the instrument the person,
or the entity upon behalf of which the persorjs) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
ME-AGA N KNEGHT
comet.#2117799 mm
G+3 Notary Public-Call;omia se
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P41; Comm. Exp. JUNE 20, 2019
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EXHIBIT A
(Legal Description)
TRACT 31822-1, BEING PORTIONS OF PARCELS 9 AND 12, LOTS "U" AND "V" AND
TOGETHER WITH ALL OF LOT "PP" OF PARCEL MAP 32269, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN
BOOK 221, PAGES 13 THROUGH 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LOCATED IN SECTION 31, TOWNSHIP 5 SOUTH,
RANGE 3 WEST, S.B.M.
APN: 341-200-011, 358-070-010, 358-070-007
PA-7
TRACT 31822-1