Loading...
2015/05/21 Agreement Haun/Newport LLC- Menifee Town Center BMP Right of Entry- APN: 360-080-053RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6540 2015-0212841 05/21/2015 02:38 PM Fee: $ 0.00 Page 1 of 5 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder R A Exam: Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC SIZE NCOR SMF 'NCHG T: LINE FOR RECORDER WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND RIGHT OF ENTRY AGREEMENT PROJECT NAME: Menifee Town Center Marketplace PROPERTY OWNER NAME: Haun/Newport, LLC PROPERTY ADDRESS: 30007 - 30171 Haun Road Menifee, CA 92584 APN: 360-080-053 THIS AGREEMENT is made and entered into in San Pedro , California, this 6th day of , 201 5 , by and between Haun/Newport. LLC , herein of ter 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 goal s of the MS4 permit; E 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: Menifee Town Center Marketplace 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. 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 C ity from pursuing other legal recourse against Owner. 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. 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. 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. IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. IF TO CITY: City of Menifee 29714 Haun Road Menifee, CA 92586-6540 CIT*Robe. By: APPROVED AS TO FORM: 40;�Z� J ery nelching, City Atto e ATTEST: hi"ait Kathy Bennett, City Clerk IF TO OWNER: Haun/Newport, LLC 1000 N Western Avenue, Suite 200 San Pedro, CA 90732 Attn: Joseph W. Rich OWNER: By: B f Title: Manager NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of /,es 14"a-4-&S ) On /R Y 6, o?o / 5- before me, k/G • /4/4-!n/GS , A/O ZxLeY Pud c✓ c Date _ Here Insert Name and Title of the Officer personally appeared �/ asp Pff 0 • Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name(* is/are subscribed to the within instrument and acknowledged to me that he/She/thap executed the same in his/her/their authorized capacity(ies); and that by his/her/their signature(s)-on the instrument the person(aj; or the entity upon behalf of which the personkO 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. M_� INGS pp ` 1g51728 j�G^ •'m California � - Signature CountySignature of N ary Public M Se 13, 2015 r Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 7 Limited C 1 General ❑ Individual i 1 Attorney in Fact ❑ Trustee i 1 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: 1 1 Corporate Officer — Title(s): I I Partner — I I Limited f I General f I Individual Attorney in Fact I I Trustee Guardian or Conservator I I Other: Signer Is Representing: o (I . 01. 6 . 1 0 . . . • . .. • 0 ... • I - CITY OF MENIFEE CITY OF MENIFEE CITY CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6540 r of ', fl 0' A 05/21/2015 02:38 PM Fee: $ 0.00 Page 1 of 7 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder Exam:Page DA PCOR Misc Lont qRA Pg Adtl Pg Cert CCtSIZE NCOR SMF NCHG T: THIS LINE FOR PROJECT NAME: ARCO AM/PM #83553 29012 NEWPORT ROAD MENIFEE, CA 92584 Am THIS AGREEMENT is made and entered into in ONTARIO, California, this 6TH day of MAY, 2015, by and between MENIFEE AUTO CARE, LL.C, 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-Perrnittee for discharging storrnwater from its MS4 facilities pursuant to the Santa Ana Regional Water QLiality Control Board Order No, R8-209Q0033, MS4 NPDES Permit No. GAS 618033. Under the terms of the permit the City is required to enforce the provisions of the permit within its jurisdiction. "rhe 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: ARCO AM/PM #83553 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 in accordance with the procedures set forth 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 time by the City, the Owner shall provide the City with documentation identifying the materials) removed, the quantity, and disposal destination. 3. Cif Maintenance at Owner's Expense: In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement, the City may cause such maintenance to be conducted on Owner's Property at Owner's expense if Owner does not commence and diligently work to perform the maintenance within five (5) days of receiving written notice from the City, in accordance with paragraph 10 below, of Owner's failure to comply with the terms of this Agreement. The City may charge the entire cost and expense of any maintenance undertaken by the City, whether performed as a response to an emergency situation or following five (5) day written notice by the City, 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. Recordt ng: 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 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. Covenant: It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that nun with said Property and constitute a lien there against. 8. Bindisrc-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 tirne such notice is provided to the successor. 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. IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. IF TO CITY: City of Menifee 29714 Haun Road Menifee, CA 92586-6540 CITY: + n By: 4 ✓ V Robert A. Polinson, City Man er APPROVED AS TO FORM: IF TO OWNER: MENIFEE AUTO CARE, LLC 2910 S. ARCHIU&D, # A-350 ONTARIIO, CA 9 SE Title: MANAGING MEMBER g, e;7-2-� OWNER: J fery . Melching, Ci ttorney By: ATTEST: Title: Kathy Bennett, City Clerk NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) On MW 6 V S , before me, Priscilla Elizabeth Diaz , a Notary Public, personally aplieared _ f hQEi�t6 who proved to me on the basis of satisfactory evidence to be the erson(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/hex/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. PRISCILLA ELIdA1ETN DI COMM. #2036249 z*161, Public • Celitornie Los Angeles Counter Comm. Ex iret 6 3D 2017 EXHIBIT A LLegal Descrip ion EXHIBIT "B" SITE PLAN NEWPORT ROAD ARCO AMPM FAC # 83553