2011/05/16 Agreement Menifee Vineyards- 29930 Winter Hawk Rd- APN: 338-170-025-7RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
ENGINEERING DEPARTMENT
29714 HAUN ROAD
MENIFEE, CA 92586-6540
OWNER NAME:
DOC # 2011-0215940
05/16/2011 04:04P Fee:NC
Page 1 of 8
Recorded in official Records
County of Riverside
Larry W. Ward
Rssessor, County Clerk & Recorder
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RIGHT OF ENTRY AGREEMENT
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THIS AGREEMENT is made and entered into in
(' 0� "TZ4 oP a� VoQS 10G , California, this ZZtiO day of
�Ov ftn -L4 by and between
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;
WHEREAS, at the time of initial approval of development project known as:
F4E \j,Evey4 (1-os pn (yLtc_)\iI 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.
B. 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.
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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. Notices) 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 env;i—G, virvr;llRi�j 1,�rU fc�) �lr/iTNt�LSt+(�
29714 Haun Road 4q 0.3`i iV1�N7�=�2,��� , ��, SZ i+
Menifee, CA 92586-6540 P-0-1 AA 0-0-5 G z7V C 6 Clt Zz(,o O
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
CITY: OWNER:
Menifee Vineyards Limited Partnership
By' Palm Desert Development Company,
Donald Allison, City Engineer / Administrative G.P. of Menifee Vineyards Limited Partnership
Director of Public Works
By:
To d A. Deutscher,
Secretary o Palm Desert Development Company
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APPROVED AS TO FORM:
Karen Feld, City' orney
ATTEST,
Kathy 8ennett, City Clerk Date
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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who proved to me on the basis of satisfactory evidence to
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within instrument and acknowledged to me that
he/sX/trey executed the same in his/t1e"r/t[Wr authorized
capacity(jpa), and that by his/Wtbelr signatureL%y on the
instrument the persons , or the entity upon behalf of
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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 d official al.
Signature
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Signatur o otary Public
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❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ Ger
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❑ Trustee
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 121 VcYi6I DE
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subscribed to the within instrument and acknowledged
to me that he/ske/tl4y executed the same in
his/Wr/tbdir authorized capacity(iei�, and that by
his/[l&th/eir signature(gs on the instrument the
persons 1 or the entity upon behalf of which the
person(K acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
TRACY
GENEVA GARZA laws of the State of California that the foregoing
a _�'� Commission 1885930 z paragraph is true and correct.
Z . ` Notary Public - California z
Z ' Riverside County
My Comm. Expires Apr 16, 2014 WITNESS my hand and official seal.
Signature:
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❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General T
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Cons Zator
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Sign Representing:
Nurpb6r of Pages:
Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General rTop"thumbhere
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❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
vzwo nranonai Norary Associauon • aabu ue aoto Ave., H.U. Idox 2402 • Ghatsworth, CA 91313.2402 • www.NalionalNotary.org Item #5907 Reorder. Call Toll -Free 1.800-876-6827
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EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTH 1/2 OF THE WEST 1/2 OF PARCEL 10 OF PARCEL MAP 6252, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 3 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION CONVEYED TO THE COUNTY OF RIVERSIDE IN DEED RECORDID
NOVEMBER 14, 2006 AS INSTRUMENT NO.2006-0841465 OF OFFICIAL RECORDS.
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