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2011/10/31 Agreement JPMorgan Chase Bank- BMP Right of Entry Agreement- APN:3606-900-04-8RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE ENGINEERING DEPARTMENT 29714 HAUN ROAD MENIFEE, CA 92586-6540 DOC # 2011-0481157 10/31/2011 04:02P Fee:NC Page 1 of 10 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 U PAGE SIZE DA MISC LONG RFD COPY 10 L L 465 426 PCOR NCOR SMF EXAM Ds — (' �j11E PS T: CTYb HUNI SPACE ABOVE FOR RECORDER'S USE WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND RIGHT OF ENTRY AGREEMENT PROJECT NAME: Chase Bank at Countryside Marketplace PROPERTY OWNER NAME: JPMorgan Chase Bank, National Association PROPERTY ADDRESS: 30032 Haun Rd. Menifee, CA 92584 APN: - 3606-900-04-8 THIS AGREEMENT is made and entered into in Menifee, California, this 27"' day of September, 2011, by and between JPMorgan Chase Bank, National Association, a national banking association, 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. 118-2010-0033, 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; 938621.02/OC �nFdnn_nnnavo_� �_ n n,tialbho 10� WHEREAS, at the time of initial approval of development project known as: Chase Bank at Countryside Marketplace (GPII-005) 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 a City; N WHEREAS, said BMPs, with installation and/or implementation on private property and Z, " 0 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; m " WHEREAS, the Owner is aware that periodic and continuous maintenance, including, but not C 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 C occurs; NOW THEREFORE, it is mutually stipulated and agreed as follows: 1. 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 p 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 C emergency to direct all necessary repairs or other preventative measures at owner's r� 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 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 939621.02/0C 206400-00047/9-27-11thhn/hhn -2- 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 alien 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 N 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. w 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 terns 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 936621.02/OC 206400-0n l �v 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: IF TO OWNER: City of Menifee JPMorgan Chase Lease Administration 29714 Haun Road 1111 Polaris Parkway, Suite I Menifee, CA 92586-6540 Mail Code OH1-0241 Columbus, Ohio 43240 a Attn: Lease Administration Manager WITH A COPY TO: Q NJPMorgan Chase Real Estate s 237 Park Avenue, 12th Floor Mail Code NY1-R067 New York, New York 10017 Attn: Real Estate WITH A COPY TO: JPMorgan Chase Law Department 1111 Polaris Parkway, Suite 4P Mail Code OH1-0152 Columbus, Ohio 43240 Attn: Real Estate Counsel IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. CIT OWNER: By: ice- By: Donald Allison, City Engineer Name: Director of Public Works Title: Prartidant 938621.02/W 14 911 APPROVED AS TO FORM: Karen Feld, City Attorney ATTEST: hLw"--Yk--t- Kathy Bennett, City Clerk Cu -m m NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE m 93B621.02/0C s CU r� a �0 00 �r :-a CU CU OF State of CaliforniaCounty of 1tr5 Vll�) On 0 2011 before mey IticAME9 of the officer) notary public, personally appeared�062)d , who proved to who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 ha fficial 1 O Signature (Seal) MARY bIARGARET FARMER MILLION Commission A 1948179 "'� Notary Public - CWNNW Riverside County Comm. 1 S 936621.0210C 'ADD- n State of California ) County of ) On , 2011, before me, (insert name and title of the officer) notary public, personally appeared who proved to who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CJ @ I certify under PENALTY OF PERJURY under the laws of the State of California that the Cl foregoing paragraph is true and correct. l r. ru WITNESS my hand and official seal. p Signature (Seal) State of California ) County of �� ) On 7-7 , 2011, before me, L-IItLr11 ¢ ,&f�7!�Ori¢�-!e (insert name and title ofihe officer) notary public, personally appeared 6r'-&r'G ', s who proved to who proved to me on the basis of satisfactory evidence to be the person(4 whose namejs) is/am subscribed to the within instrument and acknowledged to me that he/sheAhey- executed the same in his/heAheir authorized capacity(j , and that by his/had#teir signature on the instrument the person(41 or the entity upon behalf of which the person(p) 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 d and offs ial al. A 1cRtJE® R PTCO.M.W.0193I8i13 Seal Notary Public - Caftrale Sig t (Seal) Orange County wvwv Comm. E ret; M23.20161 938621.02/OC 'n6400-00 -6- EXHIBIT A (LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of Menifee, and described as follows: Parcel A: In the City of Menifee, County of Riverside, State of California, being that portion of Parcel 6 of Parcel Map No. 34275, as per map filed in Book 230, Pages 60 through 69 inclusive of Parcel LL Maps, records of said county, located in Section 3, TAS. R.3W. S.B.M., described as follows: a m Beginning at the Northeast comer of said parcel; "48 Z. 0 Lo Thence along the Easterly line of said parcel South 00° 35' 24" West, 250.44 feet; .0 " Thence leaving said line, North 89' 24' 36" West, 179.00 feet to the West line of said parcel; Thence along said line North 001 35'24" East, 19.43 feet to the Southeast comer of Parcel 7 of said map; C Thence continuing along said line North 000 35' 24" East, 139.24 feet; Thence leaving said line South 89° 24' 36" East, 19.00 feet; Thence North 00" 35' 24" East, 56.67 feet; Thence North 89' 24' 36" West, 19.00 feet to the West line of said parcel; Thence along said line, North 00' 35' 24" East, 43.17 feet to the Northwest comer of said Parcel 6; Thence along the North line of said Parcel 6 the following courses: South 89" 30' 51" East, 125.30 feet; South 80' 37' 52" East 54.34 feet to the point of beginning. Said property is also shown as Parcel B of Notice of Lot Line Adjustment No. 10-001 recorded October 13, 2010 as Instrument No. 2010-489682, of Official Records of the County of Riverside, California. Parcel B: All those certain rights, easements and interests in favor of Parcel A shown above as set out in that certain "Operation and Easement Agreement Between Target Corporation, Kohl's Department Stores, Inc., Loaves HIW, Inc., Donahue Schriber Realty Group, LP and Donahue 93"21.02ADC 206400-00047/9-27-11 /bhn/bhn Schriber Asset Management Corporation for Countrywide Marketplace Shopping Center, Menifee, California" recorded December 3, 2007 as Instrument No. 07-725352 of Official Records of Riverside County, California, upon and subject to the terms and provisions therein contained. (End of Legal Description) [As prepared by Stewart Title of California, Inc., Order Number: 292039, Dated October 14, 20101 938621.02/OC EXHIBIT B (Map/Illustration) l� ll ll liili N 111plil � �51,7i,,IIh'����: •G�l�iL"7 IM, G d 111 III 1, 10, .ti�,�...�..�,:.i, -1--------•- - tl to as • ooe yl ijiI;A 11 6,`eE�e s � s e CR i i� e I�o■11 0 oe� A &.1 CHASE Q NIWPORTINDNAIM Tp "3111U NROA0 N101114M m 9 939621.02/OC 206400.00047/9-27-11/bhn/bhn