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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 IIIII IIIIIII III IIIII IIII ei� IIIIIIIIIIIIIIIIIIIIIIIIIIIII .� S R I U PAGE SIZE DA MISC LONG RFD COPY l M A L 465 426 PCOR NCOR SMF =CHG ,^ D, UNI Si�A�� kU F7 r T: CTY 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 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 111111111111llll "''�"` 1 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 �7l ( personally appeared _ / �i'JI%(��� 6ftu 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 he/she/they executed the same in his/het/their authorized 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 Signature of Notary Publ' 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 Document Title or Type of Document: ,[ NI'MW lyltill a Document Date: I1L11� �7, aoll Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of . here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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 O personally appeared K,vl [ , v�wt� ` ll_t r ^o- o 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 capacity(ies}, and that by his/beFAheir signatures} on the 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 of the State of California that the foregoing paragraph is true and correct. WITNESS my h ffi a. Signatur a ure o N 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ner's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ _ ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact - _ El Attorney in Fact - - ❑ Trustee Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conserva ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is resenting: Signer Is Representing: 02007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 EXHIBIT A legal Description) POR PAR 2, PM 14/5 PM 6000 EXHIBIT B (Map/Illustration) IIIIIIIiIIIlIII�IIIIIIIIIIIIIIIIIIIIIIIillllllllllll •'°"m'-�w- Mc DONALD'S #004-0705 28000 BRADLEY ROAD SUN CITY, CA 92586 4 OUS P T POROUS W., PAVEMENT S* WIDE DEEPENED CONCRETE BMD CONCRETE PAVER 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