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2016/06/15 Agreement Stater Bros PM 36728, BMP Right of entry agreementRECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6540 2016-0245449 06/15/2016 03:10 PM Fee: $ 0.00 Page 1 of 7 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder I—T—F I I I I R I A I Exam: �% i ii Page DA I PCOR Misc Long RFD ist Pg Adtl Pg Cert CC T1 SIZE NCOR SMF NCHG T: N(,4 — G(_/ SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recordation Fee per Gov. Code §§ 27383 & 6103 WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND RIGHT OF ENTRY AGREEMENT PROJECT NAME: Stater Bros., PM 36728 PROPERTY OWNER NAME: Stater Bros. Markets, Inc. PROPERTY ADDRESS: APN: 301 S. Tippecanoe Ave. San Bernardino, CA 92408 364-190-020 THIS WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into in San Bernardino , California, this 6th day of May , 201 6 , by and between Stater Bros Markets, Inc. , 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 ("Permit"). 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 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 the development project known as: Stater Bros. PM 36728 , 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 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 of drainage facilities on private property and draining only private property, shall be implemented as part of a private facility with all maintenance or replacement, and are, 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 performance in accordance with the BMPs in the WQMP for the designed drainage facilities 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 private drainage facilities and their immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as reasonably 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. For events requiring emergency response, the City will contact the Owner's designated contact person Stater Bros Property Management Department, at (909) 733-5004 for immediate action. In the event that the following contacts cannot be reached, the City shall gain access to implement necessary actions as stipulated in this paragraph. If Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement in the event of emergency, the City may cause such maintenance to be conducted on Owner's Property at Owner's expense. The City may charge the actual cost and expense of any maintenance undertaken by the City in the event of emergency, to the Owner or Owner's successors or assigns. 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 of Owner's private drainage facilities, nor does this section prohibit the City from pursuing other legal recourse against Owner. City shall make every effort at all times to minimize or avoid interference with Owner's use of the Property when responding to an emergency. 2. Responsibility for Operation and Maintenance of Drainage Facilities in Accordance with BMPs: Owner shall use its commercially reasonable efforts diligently to implement BMPs in a manner assuring p performance at all times in accordance with design features. 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 installed drainage facilities 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 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, 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 fifteen (15) 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, attorney's 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 of Owner's private drainage facilities, nor does this section prohibit the City from pursuing other legal recourse against Owner. 4. Reserved: 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 event of default in payment. 6. Attorney's Fees: In event of legal action in connection with this Agreement, the prevailing party shall be entitled to recover attorney's fees and costs. 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. 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: 0 Robert A. Johnson, City Ma Hager APPROVED AS TO FORM: Jery etching, Ci Atto ey frE r�, 4_�iu „ IF TO OWNER: Stater Bros. Markets, Inc. 301 S. Tippecanoe Ave. San Bernardino. CA 92408 OWNER: Y •mil -President rah NlanwahQi ,.City I C t r y �NY�RY'.ACKNOWLEDGEMENTS ON FOLLOWING PAGE 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 May 6, 2016 before me, Deborah L. Antonucci , Notary Public Personally appeared Scott Limbacher who proved to me on the basis of satisfactory evidence to be the person whose nameV is subscribed to the within instrument and acknowledged to me that he4heAhey executed the same in histizaz4 aW- authorized capacity( es), and that by his/he4hek signature on the instrument the person 4,gf , 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. oEBORnH L. aluroNuccl Commission # 2130377 i `� Notary Public - California i San Bernardino County My Comm. Ex Tres Nov 12, 2019 Signatures (SEAL) WQMP Right of Entry Agreement EXHIBIT A (Legal Description) LOT 345 OF TRACT NO. 30422-1, AS SHOWN ON FILE IN BOOK 411 PAGES 69 THROUGH 99, OF MAPS AND AMENDED BY CERTIFICATE OF CORRECTION RECORDED APRIL 20, 2007 AS INSTRUMENT NO. 2007-0268674 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXHIBIT B r a rn