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2013/04/17 Agreement UPS Facility Expansion, Righ of entry agreementDOC # 2013-0182115 04/17/2013 03:56P Fee:NC Page 1 of 10 RECORDING REQUESTED BY: Recorded in official Records County of Riverside Larry W. Ward CITY OF MENIFEE Assessor, County Clerk & Recorder I I I (6Q2 III II � �I II � I I I I I I III II I II II AND WHEN RECORDED MAIL TO: CITY OF MENIFEE S R I U I PAGE I SIZE1 DA MISC LONG I RFD COPY ENGINEERING DEPARTMENT I I I B O 29714 HAUN ROAD M A I L 1 465 1 426 PCOR NCOR SMF H d^1 MENIFEE, CA 92586-6540 e( aJCT v+l.ii"t`,J T: CTY UNI SPACE ABOVE THIS LINE FOR RECORDER'S USE RIGHT OF ENTRY AGREEMENT PROJECT NAME: UPS Facility Expansion PROPERTY OWNER NAME: United Parcel Service PROPERTY ADDRESS: 25285 Sherman Road Menifee, CA 92585 APN: 329-030-060, 329-030-068 -Parcel Merger No. MER 09-003 THIS AGREEMENT is made and entered into in Laguna Hills , California, this 1-0 day of �JXiJIJ NO , 2013 , by and between United Parcel Service , 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; 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: UPS Facility Expansion described herein, the City required the project to employ B, hereinafter referred to as "BMPs," to minimize pollutants in urban _ within the st Management runoff; Property Practices, 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 II illl I I! I I III III 111111111 IN aanCa;l e 0of�� a1 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. 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) IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN 04Gl�1,013 13 f 1©iSFP 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: UPS 22 Brookline Drive Aliso Viejo, CA 92656 Attn: Mark Dixon, District Plant Engineering Manager IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. CITY: OWNER: By. By: Mark Dixon , Jonathan G. Smith, Assistant Director NAME of Public Works and Engineering District Plant Engi eering Manc Title: l OWNER: NAME APPROVED AS TO FORM: /. Juli ayward gg ' y Attorney ATTEST: Kathy Bennett, City Clerk NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE II 11111 II I 111111111111 11� II 11111 ("1 "1F7.1 0JIf-'r1'-F_.F' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of 20yprz; da 1l CIVIL CODE 6 1Ina On ,.2013 before me, �nnn'Lor Allen rU _ � Date Here Insert�me and Title of th Officer ' personally appeared Snnrrlinn n (�yy) E, Names) of Signers) JENNIFER ALLEN Commission all 1984645 Z Notary Public • California i Riverside County My Comm. Ex ires Jul 9, 2016 J who proved to me on the basis of satisfactory evidence to be the person,,%) whose name(t%) ishi m subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herlt�& authorized capacity(OM, and that by his/}er/their signatures} on the instrument the person(s)r, or the entity upon behalf of which the person(oacted, 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. Signature: 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: r ! 1 ICAjhi�2 Ayry rna T 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 Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .....,, r­v- „,„uojmw i^nr l-ouu-o,o-oozrl RIGHT THUMBPRINT OF SIGNER Top of thumb here Item #5907 IIII IIIIIIII IIIIIIIIIIIIIIII I III I II lAls� f eplScF On 3 - nl6 • / 3 before me, Data personally appeared VICTORIA STRASSER brt i 7 Commiss949832 i : �� Notary Public - California i = Orange County M Comm. E ires Sep 23, 2015 ------------- Place Notary Seal Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californiaf County of Z%AlnonjCr � Here Insert Name and Tiy€ of the Officer �' ), 1�2w who proved to me on the basis of satisfactory evidence to be the personX whose name(Is subscribed to the within instrument and acknowledged to me that 6§)§IWth* executed the same i t /ham/their authorized capacityA), and that by is hlgdt � it signature(4 on the instrument the person(K or the entity upon behalf of which the persony*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 gffic4l seal. Signature I�LS j Signature of Notary Public 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: a'ye ..Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nat ❑ Individual Number of Pages: RIGHTTHU PB RINT OF SIGNER .�GL �.. L,C4`✓iL. .L..'✓i'ei .�... �✓iL.. iL..�„✓.�.G t✓i. "✓iv. ✓.✓ .✓Cei✓G o ✓i w✓ '�G�.i'✓iL. vGLa'✓i�.SL✓.tiaV ti. O 11 1 • - • I C .1 .1 ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: IIIIII IIIIIII IIII IIIIII II IIIIIII IIIII II IIIII IIII IIII 84. 1.t. EAof 10t 56P EXHIBIT A (Legal Description) PARCEL A (MERGED PARCEL) A PORTION OF LOTS 516 AND 535 OF ROMOLA FARMS No. 6, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 14, PAGES 63 THROUGH 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOTS 535; THENCE ALONG THE SOUTHERLY LINE THEREOF N89°55'00"W A DISTANCE OF 1248.61 FEET TO A POINT ON THE EASTERLY LINE OF PARCEL "D" GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 14, 1962 AS INSTRUMENT No. 13971 BOOK 3077, PAGES 364 THROUGH 366, RIVERSIDE COUNTY RECORDS; THENCE ALONG SAID EASTERLY LINE N00°16'00"E A DISTANCE OF 330.00 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 516; THENCE ALONG SAID NORTHERLY LINE S89°55'00"E A DISTANCE OF 1248.03 FEET TO THE NORTHEAST CORNER OF LOT 535; THENCE ALONG THE EASTERLY LINE OF SAID LOT 535 S00°10'00"W A DISTANCE OF 330.00 FEET TO THE POINT OF BEGINNING. CONTAINING 411,943 SQUARE FEET MORE OR LESS. IIIII isl' IIIIII N1111111 III111111I III IN U4; �lgp EXHIBIT B (Map/Illustration) 11111111111111111111111111111111111111111111111111111 "1Eao£j�9'�EF W W zLU �� z C 2 x W g LL ON �LL9 n 5.� tl:3NOZ 44 p p ]: fiF%I'llAtl ZW99AB[O�Ntld „'Y L W '� � � Y fi� 0 vSl WJ tl3tl v 1— rt��uas " o d _4K92U1YLNkL31j5_.gdsd �� des y x e vtl ve vd a `Y-0e»v.S I n y a . a V xs € I a �1 M fl i — m r ;c f q p pqp 9 Y e � 0 lid a_ e NOI WLLN00 TOJ il3HS 33S