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2013/09/12 Agreement Stark Menifee Land- Sherman Rd Street Improvements- APN:360-110-031 -015RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6540 DOC # 2013-0446406 09/12/2013 04:46P Fee:NC Page 1 of 7 Recorded in Official Records County of Riverside Assess, , fI Larry W. Ward IIIIBIIIIIIIIIIII IIIIIIiIIIJill III1111111111, corder 111,111, S R U PAG SIZE DA MISC LONG RFD COPY M�� A L 4611426 PCOR NCOR SMF CHG exAa� nn co T: CTY UNI THIS LINE FOR RECORDER'S USE WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST IAGEMENT PRACTICES OPERATION. TRANSFER. MAINTFNANr.F . PROJECT NAME: Sherman Road Street Improvements PROPERTY OWNER NAME: Stark Menifee Land, LLC PROPERTY ADDRESS: 3600 South Lake Drive Saint Francis, WI 53235-3716 APN: 360-110-031 and -015 THIS AGREEMENT is made and entered into in 121 Ik. T4u— California, this 19th day of August, 2013, by and between Stark Menifee Land. LLC 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; so 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 Street Improvements 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. 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 CITY: ' q p By: VV Robert Johnson, Interim Ity Manager APPROVED AS TO FORM: 3 li�r Big , ity Attorney ATTEST: �14 Rathy Bennett, City Clerk IF TO OWNER: Stark Menifee Land, LLC 3600 South Lake Drive Saint Francis, WI 53235-3716 OWNER:' By:� NAME cbueK 4� Title: V\ivatro VuAw &fltwg ARD NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of rS � CIVIL CODE 6 tins On u 4-.?I Ot3 before me, �Pn�i t IR1'laj) I c ��• '� 1 Date Here Insert Name and Late of the ujTr ' personally appeared qcAcer-}- fl . JENNIFER ALLEN Commission • 199/945 = y Notary Public • CallforMa = Riverside County My Comm. Es 'res Jui 9, 201 a ' who proved to me on the basis of satisfactory evidence to be the person* whose name(o is/are subscribed to the within instrument and acknowledged to me that he/shhf=/trrey executed the same in his/her/their authorized capacity(iesj, and that by his/her/their- signature(.&Y on the instrument the personk}, or the entity upon behalf of which the personal 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. Signat�— Place Notary Seal Above / OPTIONAL Signature of Notary Public Though the information below is not required bylaw, 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: 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: Number of Pages: Signer's Name: ❑ Corporate Officer — El Individual ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ General Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hem#5907 State of Wisconsin ) County of Milwaukee ) On July 2, 2013 before me, Jenifer C. Bersch, notary public, personally appeared Michael A. Roth, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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 Wisconsin that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NO AOBLIC Notary Public, Utate of Wisconsin "" /'� WISrJ) My Commission expires: May 29, 2016 (Notary tamp) State of Wisconsin ) County of Milwaukee ) On July 2, 2013 before me, Jenifer C. Bersch, notary public, personally appeared Joseph R. Tylicki, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY a�co rrect. PERJURY under the laws of the State \of `�c gpy}�p that the foregoing paragraph A true WITNESS my hand and official seal. gl2. �C1ARY PUBO ' c� OF NotaPubl1d, State of Wisconsin My Commission expires: May 29, 2016 (Notary Stamp) EXHIBIT "A" LEGAL DESCRIPTION Parcels 1 through 8, inclusive, of Parcel Map 9504, as shown by map on file in Book 67 of Parcel Maps at Pages 5 and 6 thereof, Records of Riverside County, California, lying within Section 3, Township 6 South, Range 3 West, San Bernardino Meridian.