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2013/05/08 Agreement Santa Rosa Academy- BMP Right of Entry- APN: 360-110-013CITY OF MENIFEE CITY OF MENIFEE ENGINEERING DEPARTMENT 29714 HAUN ROAD MENIFEE, CA 92586-6540 DOC # 2013-0219228 05/08/2013 03:591` Fee:NC Page I of 9 Recorded in official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder E6 #2 S R U PAGE SIZE I DA I MISC LONG RFD COPY 191 1 1 A L T-4657426 I PCORINCOR SMF OLM3 IT: CTY UNI LINE FOR RECORDER'S USE PROJECT NAME: Santa RcssaAcademy PROPERTY OWNER NAME: Santa Rosa Academy PROPERTY ADDRESS: 27587 La Meniff e �CA9�2584�,______ APN: 360-110-013 THIS AGREEMENT is made and entered into in California, this day of 201 3 , by and between Santa Rosa Academy 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. E8-2010-0033, MS4 NPIDES 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 M34 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: Santa Rosa Academy 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. Resconsibilltv for Ctnoration 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 WO20M-GN920 ,1 13 0 U 3;5H 9P 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. 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. 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. 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. S. 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) II III I III I111111111111111111 II ©52013-62190 ! 8/320If f93 59P 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: City of Menifee 29714 Haun Road Menifee, CA 92586-6540 IF TO OWNER: Santa Rosa Academy 28237 La Piedra Road Menifee, CA 92584 IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY: OWNER: �oc1fl Ze r�Cc � nathan . Smith, Assistant Director NAME of Public Works and Engineering Title:_Ck�C-F QuS�AeSS OR�Cerr OWNER: Title: AP(PR�OVED� AS TO FORM: l Hayward Hai yward Biggss,,e y Attorney ATTEST: Katy nett, City Clerk NAME NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE II 431 3eIII I 111II I111 II III95,108,91553P 'S .� 0A do- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �'VPtS.c�2 I CIVIL CODE § 7189 On 0 before me, Senri.�er fllle,. rlo�aru %1tc at Here ert Name and T of the Officer ' personally appeared 5o✓IcL:%Gn� Sml✓n Name(s) of Signer(s) JENNIEER ALLEN •ems Commission Alf1984645� i : ti Notary Public - California i Z Riverside County MYComm. E fee Jul 9, 2016 Place Notary Seal Above 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 - i gnat a of 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 Title or Type of Document: 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 — ❑ Individual ❑ Partner — ❑Limited El General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Item #5907 11II I I I I I I I II II II II N5 ael PR 3t03`,59P R Oi 9 ACKNOWLEDGMENT State of California County of _ 4 0 e(al d `(' og10F /aol,� ' y �k On L_ before me,t�L�l�V`/ (. w1 ��� � Z � r �% ` (insert, ame and title of he officer personally appeared _ VOL�+�f `7 `r� W who proved to me on the basis of satisfactory evidence to be the person(prwhose nameW isKe subscribed to the within instrument and acknowledged to me that he/sW1tP6y executed the same in his/hpdtWr authorized capacity(ip�), and that by his/her/"ir signatureoyon the instrument the person,ka� 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. OFFICIAL SEAL KP p� KIMBERLY MARTINEZ C �' s NOTARY PUBLICCALIFO NIA$ Signature_ Seal) r COMM. NO. 1851006 RIVERSIDE COUNTY MY COMM. EXP. JUNE 21, 2013 111111111 N 11111111111111111111III fsr0tc0Flg9 EXHIBIT A �Leuae 1?�scriastiaan) Parcel. A of Lot Line Adjustment 10-002, .Instrwoent No. 2012-0255769 �IIIIIIIIIIIII N IM 11111111111111111111 illIN111I fs,�t 7��£'�i ssr EXHIBIT B (Mapllllustration) IIIIIIIIIIIIIINIl1111111111111111III11111IU1lII 1gF4 l9? 59F ¢ § a 101 $$`P'`°~