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2012/09/11 Agreement BJ's Restaurant & Brewhouse- BMP Right of Entry Agreement- APN: 360-390-032RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE ENGINEERING DEPARTMENT 29714 HAUN ROAD MENIFEE, CA 92586-6540 DOC # 2012-0433479 09/11/2012 04:08P Fee:NC Page 1 of 9 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County & Recorder III 11111111111 III 11111 Illel 11111111111 IT S R U PAGE SIZE I DA I MISC I LONG I RFD COPY z�! V A L 465 426 PCOR[NCOR4CTY NCHG I,EXAM UNI y ^M T: PACE ABOVE THIS LINE FOR RECORDER'S USE WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND RIGHT OF ENTRY AGREEMENT OWNER NAME: BrsReSbKffaFdand Biewhorse PROPERTY ADDRESS: 30208 HAUN ROAD APN: MENIFEE, CA 92584 360-390-032 THIS AGREEMENT is made and entered into in lft M IFEE , California, this 2,v n day of X ag<aKC , 201;R , by and between B T' s jf d591gyX^q- g,vo BRE(AH644Pf_ 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 leases 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: B;T'g R,SMR MJ- AND F>F- WHOLOF, 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 as provided 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 tome by the City, the Owner shall provide the City with documentation identifying the material(s) removed, the quantity, and disposal destination. 3. 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, within five (5) days of being given written notice by the City, the City III II I I II II I I II II II As 111 ze 204 P is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including administrative costs, attorneys 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 even 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. 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. �� �' of 4 ©0asPI11111111111111111111111111111111111111111 3G 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. IF TO CITY: City of Menifee 29714 Haun Road Menifee, CA 92586-6540 IF TO OWNER: Y� s Rrr� I��aNrsl i>yc. 775F ftxTrk AVE. }TM S00 li M7N 1W BEAcN�Cr} �z64'l IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY: By: Donald Allison, City Engineer / Director of Public Works D AS F RM: Joseph W. Fletcher City Attorney ATTEST: /w Kathy Bennett, City Clerk OWNER:By: 'Post-w-owlew NAME Title: Axewl7erCf►1A1G +� Dim/QY/yli1AGJ6ER OWNER: NAME NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE II �I III I� I I II I� 1111 Jill Nd tI/ F[12F44 FRF ACKNOWLEDGMENT State of California f County of _� (.V eoold ) q� On-, l� O �OoZ Io�yIot before me, mbork, AIW- A&A � i o 4k, (insertfiame and title of t e office ) personally appeared t�V 12'Cri' V 1 "U (-am) who proved to me on the basis of satisfactory evidence to be the person(ewhose names) is/,are subscribed to the within instrument and acknowledged to me that he-/sJ4/(trey executed the same in his/h,pdth authorized capacity(iK, and that by his/per/tjaeir signatur%a0ron the instrument the personrror the entity upon behalf of which the persort(ej'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. -•. OFFICIAL SEAL KIMBERLY MARTINEZ NOTARY PUBLIC-CALIFOkkNIAD i COMM. N0. , g,11006 2 RIVERSIDE COUNTY p� MY COMM. EXP. JUNE 21, 2013 Signature w `-G (Seal) IIII III 111111 III IIIII II�111 IIII 11111111 A52�t5©43-3479 f©5 65F EXHIBITA (Legal Description) landugal PARCEL "A" OF NOTICE OF LOTLINE ADJUSTMENT NO. 10-004, RECORDED OCTOBER 13, 2010 AS I NSTRUM ENT NO.2010-0489683 OF OFFICIAL RECORDS I NTHE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS: PORTIONS OF PARCELS 13 AND 14 OF PARCEL MAP NO. 34275 IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 230, PAGES 60 THROUGH 69 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE SOUTHWEST CORNER OF SAID PARCEL 13; THENCE ALONG THE SOUTHERLY AND EASTERLY LINES OF SAID PARCELTHE FOLLOWING COURSES: SOUTH 89'24'36" EAST, 213.96 FEET; NORTH 00*35'24" EAST, 58.17 FEET; THENCE LEAVING SAID LINE NORTH 89*24'36" WEST, 7.43 FEET; THENCE NORTH 00'35'24" EAST, 85.00 FEET; THENCE SOUTH 89'24'36" EAST, 18.41 FEET; THENCE LEAVING SAID LINE SOUTH 89'24'36" EAST, 165.46 FEETTO THE EAST LINE OF PARCEL 14 AND PARCEL 13; THENCE ALONG SAID EAST LINE NORTH 26*32'06" EAST, 66.15 FEET; THENCE ALONG THE BOUNDARY OF SAID PARCEL 13 THE FOLLOWING COURSES: NORTH 00'35'24" EAST, 12.83 FEET; NORTH 89-24'36" WEST, 171.07 FEET; NORTH 00*35'24" EAST, 109.48 FEET; NORTH 89*24'36" WEST, 105.50 FEET; SOUTH 00'35'24" WEST, 72.00 FEET, NORTH 89*24'36" WEST, 134.93 FEET; SOUTH 00'46'26" WEST, 258.64 FEET; SOUTH 44*17'20" EAST, 5.65 FEET; SOUTH 00*46'26" WEST, 8.73 FEET TO THE POINT OF BEGINNING. PARCEL 2: ALLTHOSE CERTAIN RIGHTS, EASEMENTS AND INTERESTS IN FAVOR OF THE PARCEL SHOWN ABOVE AS SET OUT IN THAT CERTAIN "OPERATION AND EASEMENT AGREEMENT" RECORDED DECEMBER 3, 2007 AS INSTRUMENT NO. 2007-0725352 OF OFFICAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, UPON AND SUBJECT THE TERMS AND PROVISIONS THEREIN CONTAINED. @q/ 1 1/2� 1 � 04 nPP 11111 lElli IIIIIIII III lill iiiiiii IIIIIIIIII 11111111 lill 1111 C if q EXHIBIT B (M�Pllllustration) C41 4 4 I 11. F, 1 L A4 Q�f 1111 lEl 1111111111 Eill ill III IIE� �ill IN -f 3 TAW&M LI 72$ I • PH i it t . . . . ...... R;D0 ' 0 % a ya cz) H H m m Q m z a > M I m m SN, . ... . ...... ... . — M., ---- -11fl T & BREWHOUSE BSS RESTAURANT JD COUNTRYSIDE I 44 MENIFEE, CALIFORNIA WATER QUALITY PLAN I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On il Me Date ff personally appeared JULIE WOODRUFF Commission # 1939215 zNotary Public - California z z@My San Diego County Comm. Expires May 30, 2015' CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the persona) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/slje/tlyey executed the same in his/he(/tor authorized capacity(ies), and that by his/her/their signature(6) on the instrument the person(s), or the entity upon behalf of which the person() 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. Signature: d Place Notary Seal Above Signature of OPTIONAL Notary Pultw Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docufn¢nt . Title or Type of Document: " / XT 11T l'J Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual NOW ❑ Partner — [I Limited El General Top of thumbhere ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 2010 National Notary Association • NationalNotary.org - 1-800-US NOTARY (1-800-876.6827) Item #5907 II II 1 I II II II I IIII 111111111111111111 es 211t,9e9349 f 5A'e&P