2014/01/09 Agreement Newport Rd- BMP Right of Entry Agreement- APN: 360-030-012 & 360-030-015RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE ENGINEERING DEPARTMENT 29714 HAUN ROAD MENIFEE, CA 92586-6540 DOC # 2014-0010039 01/09/2014 01:34P Fee:NC Page 1 of 9 Recorded in Official Records County of Riverside Larry N. Ward Assessor, County Clerk 1111111111111111111111111111111111111111111111111111111 6�aJ"2 S R U PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF CH EXAM i UNI o7�, y1(,� T: CTY SPACE ABOVE THIS LINE FOR RECORDER'S USE 0 OWNER NAME: NewmdRd. LIP PROPERTY ADDRESS: 4909 MurphV Canyon Rd. No. 406 San Dlepo, CA 92123 APN: 360-030-012 and 360,030-015 THIS AGREEMENT is made and entered Into in City of Menifee California, this day of M Pra-Cq 2013. by and between Newport Road, LP , 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 Cc-Permittee for discharging stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water Quality Control Board Order No. R8-2010- 0033, M84 NPDES Permit No. OAS 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 ownsi 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: Mcuonsia's Kestaurant 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; 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 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 owners expense as provided in paragraph 3 below. City shall make every effort at all times to minimize or avoid interference with Owners use of the Property, 2. RgaponsIbility 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 materW(s) in a manner consistent with all relevant laws and regulations in effect at the time. As may requested from time to tome by the City, the Owner shall provide the City with documentation Identifying the material(a) removed, the quantity, and disposal destination. 3. City Maintenance at Owners Expense: in the event Owner, or its successors or assigns, falls 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 maintaln 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 fall 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 BMPa 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 end 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 (s 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. Mall, 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. Mall, 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: NewDort Rd. LP San Diego, CA 92123 IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. B� • tU1H-rrev-Aa hz()efo&.ne 4 Qorp - tt5 a4AA i'�m,,4,t�et CITY: OW q Jon4dn Smith, P.E. OSD, City Engineer! AME Director of Public Works Title: d� -F/'es-i t` � � n Pa r4"&r T o yup� ATTE ' : K td by Bennett, City Clerk NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE ACKNOWLEDGMENT State of California County of 'Ej5LV\ -Z)�� o ) On MATGkA `f , 1-013 before me, AA& W(_ v_) wi o ni-a w B-dy\ � C (in ert name and title of the o cer) personally appeared {\\N2 Yt0-VmYriU\ 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 hand and official seal. JUDY NANO 10 COMNI. #t99718D z i Notary Public California o San Diego County M Comm. Ex ❑es Nov. 4, 2016 1 Signature At0.�� - (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �; Vusil I CIVIL CODE $ 1189 On c974hg4 before me, SEPnI11 i i 10�) (lpkct (U V (kto�) L Date Here Insert Name and Title of the Oeicer ' personally appeared u (A rn 41' Names) at Signer(s) IENNIFER ALLEN Commission # 196464. NotaryPublic - California i Riverside County D My Comm. Expires Jul 9, 2016 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 hand and official seal. Signatur Place Notary Seal Above ignature of Notary u is 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: 15hP 31. 0 0-01S_ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 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: RIGHT THUMBPRINT OF SIGNER —,_ ­,....... .,a.r •,-bvv-w nV,Nnr O-buu-nib-bbeq Item#5907 EXHIBIT A ALL THAT CERTAIN LAND SITUATED IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING PORTIONS OF PARCELS 2 AND 3 OF PARCEL MAP 28710-], AS SHOWN ON MAP FILED IN BOOK 205, PAGES 76 AND 77 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH A PORTION OF PARCEL "A" OF CERTIFICATE OF COMPLIANCE NO. 12-002 AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 17, 2012 AS INSTRUMENT NO. 2012-0496009, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN SECTION 4, TOWNSHIP 6 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 3, SAID CORNER BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF NEWPOR.T ROAD AS SHOWN ON SAID PARCEL MAP 28710-1; THENCE, WESTERLY, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 89'53'28" WEST 227.87 FEET TO A POINT 11,33 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF SAID PARCEL 2, AS MEASURED ALONG SAID RIGHT-OF-WAY LINE, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, SOUTHERLY, LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 00°35'42" EAST 251.20 FEET; THENCE, WESTERLY, AT RIGHT ANGLES TO LAST SAID COURSE, SOUTH 89°24'18" WEST 197.27 FEET; THENCE, NORTHERLY, AT RIGHT ANGLES TO LAST SAID COURSE, NORTH 00-35,42" WEST 252.88 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE, SAID POINT BEING 53.34 FEET EASTERLY OF THE MOST NORTHERLY NORTHWESTERLY CORNER OF SAID PARCEL 2, AS MEASURED ALONG SAID RIGHT-OF-WAY LINE; THENCE, EASTERLY, ALONG SAID RIGHT-OF-WAY LINE, NORTH 89-53,28" EAST 197.28 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS "PARCEL A" ON LOT LINE ADJUSTMENT NO, 12-007 RECORDED OCTOBER 17, 2012, AS INSTRUMENT NO. 12-0496559, OF OFFICIAL RECORDS. 0 DDD m=m �0z 0 ON mym iv r m m 0 z D O m — r m ci N00'35'42"W 252.88' v n D MA IMPERVIOUS MEMBRANE ALL [BASIN 1 AND 4 EXHIBIT'B' SITE MAP 9. 2' z .r r L ,;. , r-12" . .., 4" DIA PERFORATED PVC PIPE (HOLES DOWN) PROVIDE CLEANOUT AT UPSTREAM END-:'1 OF SUBDRAIN R 5' IMPERVIOUS MEMBRANE ALL SIDES- �I 4� 4" DIA PERFORATED PVC PIPE (HOLES DOWN) PROVIDE CLEANOUT AT UPSTREAM END BASIN 2 OF SUBDRAIN CURB W/ 2' 2 OPENINGS r12 n IMPERVIOUS MEMBRANE ALL BASIN 3 AND 5 PAGE 2 OF 2 CURB W/ OPENINGS -12" MIN. `SANDY LOAM -4" CLASS I, TYPE A MATERIAL 1" DIA WASHED DRAIN ROCK WRAPPED IN MIRAFI 140N FILTER FABRIC OVERLAP TOP 6" MIN, C&G W/ OPENINGS 4" DIA PERFORATED PVC I PIPE (HOLES DOWN) PROVIDE CLEANOUT AT UPSTREAM END OF SUBDRAIN �2" MIN. SANDY LOAM 4" CLASS I, TYPE A MATERIAL 1" DIA WASHED DRAIN ROCK WRAPPED IN MIRAFl 140N FILTER FABRIC OVERLAP TOP 6" MIN. `SANDY LOAM -4" CLASS I, TYPE A MATERIAL 1" DIA WASHED DRAIN ROCK WRAPPED IN MIRAFI 140N FILTER FABRIC OVERLAP TOP 6" MIN. SWS ENGINEERING, INC. C.VR EN"MSPRINO • LAIm PLAW.N • $u m[N" 21045 Temcovls Parkuy, Sol' to 201 261 Aulomn Drive, Svi1e IIS Tcuccila, CA 92592 San Marcos, CA 92069 P: 951-296-1407 F: 01.581.9451 P:760d44-001I F:760.744.0046