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2013/04/17 Agreement UPS Facility Expansion- BMP Right of Entry- APN: 329-030-060, 329-030-068RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE ENGINEERING DEPARTMENT 29714 HAUN ROAD MENIFEE, CA 92586-6540 SPACE ABOVE THIS LINE OOC a 2013-018211E 04/17/2013 Customer Copk Label Thaf{ized has wnot hbeen scompared label s with the filed/recorded document Larry W Ward Cuntof Assessor, Coy untyRClerk l9 Recorder PROJECT NAME: UPS Facility Expansion PROPERTY OWNER NAME: United Parcel Service PROPERTY ADDRESS: 25285 Sherman Road Menifee, CA 92585 APN: 329-030-060, 329-030-068 - Parcel Merger No. MER 09-003 THIS AGREEMENT is made and entered into in Laguna Hills UN" United Parcel Service California, this 2-0 day of 2013 , by and between 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: UPS Facility Expansion 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 BMP& 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. 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 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. 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. IF TO CITY: City of Menifee 29714 Haun Road IF TO OWNER: UPS 22 Brookline Drive Menifee, CA 92586-6540 Aliso Viejo, CA 92656 Attn: Mark Dixon, District Plant Engineering Manager IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY: By: G �onathan G. Smith, Assistant Director of Public Works and Engineering APPROVED AS TO FORM: Julie ayward gg y Attorney ATTEST: �9— Kathy Bennett, City Clerk OWNER: By._ Mark Dixon NAME District Plant Engirfeering Mane Title: OWNER: By: NAME Title: NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof �iVa�Sir�e CIVIL CODE 6 11 R9 On before me, -Conn'CPr Rllon n1C.rL,, 'S,_ , Date Here Insert Name and Title of thP Officer personally appeared Sr2c\ trirnrn —�Yrl '��l Nam(s) of Signers) JENNIFER ALLEN Commission 4t 1984645 Notary Public - California i t Riverside County My Comm. Expires Jul 9, 2016 who proved to me on the basis of satisfactory evidence to be the persons) whose name(p) is/9re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ttjeir authorized capacity(), and that by his/tier/their signature* on the instrument the person(s), or the entity upon behalf of which the person(oacted, 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: 1�c Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required bylaw, 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 Document n Title or Type of Document: �tOi r �C ji res M04L2L Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited Cl General ❑ Attorney in Fact ❑ Trustee Ll Guardian or Conservator ❑ Other: Signer is Representing RIGHTTHUMBPRINT� OF SIGNER Number of Pages: Signer's Name: Corporate Officer — Title(s) ❑ Individual J Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact 11 Trustee i 1 Guardian or Conservator ❑ Other: Signer Is Representing: Item 45907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Z%&OnjG—� Here Insert Name and I ree of iM1e Officer On 3 • o-;L L - / 3 before me, Date personally appeared NCTORIA STRASSEfl • w Commission # 1949832 i -: Notary Public - California z Z Orange County My Comm. Expires Sep 23, 2015 + Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personX whose name s subscribed to the within instrument and acknowledged to me that , fXWthvXexecuted the same i Mgr/tr*ir authorized capacity()3fe), and that by Is hltrftr signature(4 on the instrument the person((., or the entity upon behalf of which the personoJ 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 QUiGial seal. Signature �Signature of Notary Public OPTIONAL 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Mak�C Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact - ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: r Signer's Name: Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGNTTHUMBPRINT OF SIGNER LE 02007 National Notary Association • 9350 De Solo Ave_, PC Box 2402 • Chats rth, CA 91313 2402 • w NatonalNotary,org Item N59ol Reorder Call Toil -Rode 1-1 0 876 6827 EXHIBIT A (Legal Description) PARCEL A (MERGED PARCEL) A PORTION OF LOTS 516 AND 535 OF ROMOLA FARMS No. 6, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 14, PAGES 63 THROUGH 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOTS 535; THENCE ALONG THE SOUTHERLY LINE THEREOF N89°55'00"VV A DISTANCE OF 1248.61 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "D" GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 14, 1962 AS INSTRUMENT No. 13971 BOOK 3077, PAGES 364 THROUGH 366, RIVERSIDE COUNTY RECORDS; THENCE ALONG SAID EASTERLY LINE N00°16'00"E A DISTANCE OF 330.00 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 516: THENCE ALONG SAID NORTHERLY LINE S89°55'00"E A DISTANCE OF 1248.03 FEET TO THE NORTHEAST CORNER OF LOT 535; THENCE ALONG THE EASTERLY LINE OF SAID LOT 535 S00"10'00"W A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING. 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