2011/07/25 Agreement McDonald's BMP Right of Entry- APN: 337-301-013 & -014RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
ENGINEERING DEPARTMENT
29714 HAUN ROAD
MENIFEE, CA 92586-6540
DOC # 2011-0324921
07/25/2011 04:07P Fee:NC
Page 1 of 11
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST
MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND
RIGHT OF ENTRY AGREEMENT
OWNER NAME:
PROPERTY ADDRESS
Uakip
Mc Donalds USA, LLC
28000 Bradlev Road
Sun Citv, CA 92586
337-301-013 and 337-301-014
THIS AGREEMENT is made and entered into in
Long Beach , California, this 14th
June
McDonald's USA, LLC
201 1 , by and between
day of
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:
Mc Donald's #004-0705 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
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.
111111111 IN
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:
IF TO OWNER:
City of Menifee Mc Donald's USA, LLC
29714 Haun Road
Menifee, CA 92586-6540 3800 Kilrov Airport Wav
Lona Beach. CA 90806
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CI OWNER:
By: D By:
Donald Allison, City Engineer / NAME: Randr Kimoto
Director of Public Works
Title: Regional Construction Manager
OWNER:
By:
NAME
Title:
APPROVED AS TO FORM:
Karen Feld, City Attorney
ATTEST:
2)A
Katy Yennett, City Clerk
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of rsrd� j
On fW6 Zg oil before me,
Dale n / / Here Insert am and Title of the Officer
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Name(s) of Signer(s)
JULIE WOODR IF
Commission * 1939215 =
roi Notary Public - California i
San Diego County
Comm, E ' Ma 30, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(A whose name( is/a;6 subscribed to the
within instrument and acknowledged to me that
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capacity(iii,6), and that by his/her/their signature(2) on the
instrument the person(pr7, 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)_Z)ddd1441_(�16
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IIII IN f it
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California r
County of l—cS I
On 1 before me, Y u 1.� r P 1 �,P �A 1-P�✓1 v►��'t�t" rc� f� r �f ,
Dal n ( Here Insert Name and Title of the Officer
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NHCHELLE KATHLEEN EMETERtO
Xrom Commission # 1870614
Notary Public - CaMornia
Los Anpeies County
My Comm, Expires Nov 20. 2013
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the persons whose name(e) is/are subscribed to the
within instrument and acknowledged to me that
he/s4eAhey executed the same in hisAe#4;eic authorized
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instrument the person(sj, or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
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WITNESS my h ffi a.
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Description of Attached Document
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ner's Name:
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EXHIBIT A
legal Description)
POR PAR 2, PM 14/5 PM 6000
EXHIBIT B
(Map/Illustration)
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Mc DONALD'S #004-0705
28000 BRADLEY ROAD
SUN CITY, CA 92586
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No. 8 AGGREGATE . . . . . . . . ..... BEDDING COURSE
No. 57 OPEN GRADED BASE
•
No. 2 STONE SUB BASE
........... ........
POROUS PAVEMENT DETAIL
NOT TO SCALE
architecture
planning WARE MALC OMB
interiors 10 edelman
graphics irvine. califorrda 92618
civil engineering P 949.660.9128 f 949.863.1581
F17/25/20 04 0-.T
Water Quality Management Plan (WQMP)
Mc Donald's #004-0705
VI. Operation and Maintenance Responsibility for
Treatment Control BMPs
Inspection and Maintenance Matrix
BMP Description Activity (Frequency) Responsibility
Source Control Structural BMPs
Verify that the irrigation system is working properly.
Check for broken sprinkler heads and verify proper
Site Design &
coverage. Listen for water flowing through valves when
Owner and/or
Landscaping
system is off as a check for possible leaks. Adjust valve
Site Landscaping
Planning
run times to avoid over -watering and/or ponding in
Contractor
landscape areas. Review instruction manuals and
consult with the system manufacturer for system repairs.
(Twice per month)
Verify that the irrigation system is working properly.
Check for broken sprinkler heads and verify proper
coverage. Listen for water flowing through valves when
Owner and/or
Efficient Irrigation
system is off as a check for possible leaks. Adjust valve
Site Landscaping
run times to avoid over -watering and/or ponding in
Contractor
landscape areas. Review instruction manuals and
consult with the system manufacturer for system repairs.
(Twice per month)
Trash storage areas are covered and enclosed to
Trash Enclosures
Prevent introduction of trash & debris to site runoff.
Owner
Proper receptacles will be used and the area kept clean.
(Weekly)
Routine Non -Structural BMPs
Owner assumes financial responsibility for
property maintenance and implementation of
practices set forth in this SUSMP. Whenever
possible, the Owner shall relay this information to
other employees and occupants of the facility in
Education for order to increase their understanding of
Property Owners stormwater quality, sources of pollutants, and Owner
what they can do to reduce pollutants in
Stormwater. (Annually at a minimum)
A-18
May 31, 2011
Water Quality Management Plan (WQMP)
Mc Donald's #004-0705
BMP Maintenance
Owner and contracted personnel are responsible
for knowledge and implementation of all site
requirements specified in this SUSMP. SUSMP
shall be reviewed by owner and any contracted
maintenance personnel. (Annually)
Owner and
contracted site
maintenance personnel
Pick up debris and trash to maintain a clean site.
Litter Control
(Weekly)
Sweep hardscape areas to prevent accumulation
Owner and/or
contracted site
of debris and pollutants. (Once per month, after
maintenance personnel
heavy winds, and prior to forecasted storm
events)
Avoid sealing and repaving with non -porous
materials. Ensure that paving area is clean or
debris (monthly). Ensure that paving dewaters
between storms (monthly). Ensure that the area
Owner and/or
Porous Pavement
is clean of sediments (monthly). Mow upland and
contracted site
adjacent areas and seed bare areas (as needed).
maintenance personnel
Vacuum Sweep frequently to keep the surface
free of sediment (4 times a year). Inspect the
surface for deterioration or spalling (annual).
A-19
May 31, 2011
11111 uiiiiiiinioisiuiiiuiiuiuii . , ;°11 4,.
CITY OF MENIFEE
ENGINEERING DEPARTMENT
29714 HAUN ROAD
MENIFEE, CA 92586-6540
AUG 0 4 2011
Received