2020/03/23 Agreement Sutter Mitland - Right of Entry - AMR North TR 36485 - APN: 341-200-0053123t2020 Batch 6'l 08372 Confi rmation
RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
CITY CLERK
298r',4 HAUN ROAD
MENtFEE, CA 92586-6540
SPACE ABOVE THIS LINE FOR RDER'S
PROJECT NAME:AMR North Tract 36485
pROpERTy OWNER NAME: Sutrer Mifland 01, LLC
PROPERW ADDRESS:
APN 341
THIS AGREEMENT is made and entered into in
California, this q\
2024, by and between
--^- AII,,ANDSTORMWATE
MANAGEMENT PRACTICES O-P HO
RIGHT OF ENTRY AGREEMENT
DOC # 2020-01324/,9
0312312020 11:57 AM Fees: $0.00
Page 1 of 7
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
'.This document was electronically submitted
to the County of Riverside for recording't
Receipted by: TERESA #134
day of
herein after
referred to as "Owner", and the CITY oF MENIFEE, a municipal corporation, located in thecounty of Riverside, state of california hereinafter referred to as .clTy',;
WHEREAS, the City is a Co-Permittee for discharging stormwater from its MS4 facilitiespursuant to the Santa Ana Regional Water Quality Controt Board Order No- ng-2orO-obia,MS4 NPDES Permit No. gAS 618033. Under the rerms of the fermit the cryfr!il[e toenforce the provisions of the permit within its jurisdiction. fne requirements contained in thisagreement are intended to achieve the goals of the MS4 permit;
https://gs.secure-recording.com/Batch/Confi rmation/6 1 08372 7t8
3t23t2020 Batch 6108372 Confirmation
described herein, the City req
hereinafter referred to as "BMps
uired the project to employ Best
," to minimize pollutants in urban ru
DOC #2O2O-O132449 Page 2 of 7
within the Property
Management Practices,
WHEREAS, the owner.-owns reat property ("property) in the city of Menifee, county ofRiverside, State of California, more speciiically oescribed in Exhjbit ,,A,, and aepicieo inExhibit "8", each of which exhibits is attached hereto and incorporated herein by thisreference;
WHEREAS, at the time of initial approval of development project known as:
Tract 36485
noff;
WHEREAS' the Owner has chosen to install and/or implement BMps as described in theWater.Quality Management Plan, on file with the City, hereinafter referred to as .WeMp," tominimize pollutants in urban runoff and to minimize oiher adverse impacts of urban runofi
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 anddraining only private property, are part of a private facility with all maintenance orreplacement, therefore, the sole responsibility of the Owner in atcordance with the terms ofthis 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 t-o r"srr"peak performance of all BMPs in the WQMP and that, furthermore, such maintenanceactivity will require compliance with all Local, State, or Federal laws and regulations,including those pertaining to confined space and waste disposal rnethods, in effJct at thetime such maintenance occurs;
NOW THEREFORE, it is mutuaily stiputated and agreed as foilows:
1. Rioht of Access: Owner hereby provides the City of Menifee designee complete
access, of any duration, to the BMPs and their immediate vicinity at iny time, uponreasonable notice, or in the event of emergency, as determlned by the City,sEngineer, no advance notice, for the purpose of inipection, sampling, testing of the
Device, and in case of emergency to direct all necessary repairs or otier prev6ntative
measures at owner's expense in accordance with the procedures set forth inparagraph 3 below. City shall make every effort at all times to minimize or avoidinterference with Owner's use of the property.
2. Rgsoon.sibilitv for Operation and Maintenance of BMPs: Owner shall use its bestefforts diligently to maintain all BMPs in a manner assuring peak performance at alltimes. All reasonable precautions shall be exercised -by Owner and Owner'srepresentative or contractor in the removal and extraction of any material(s) from theBMPs and the ultimate disposal of the material(s) in a manner consistent with allrelevant laws and regulations in effect at the time. As may be requested from time totime by the City, the Owner shall provide the City with documen[ation identifying thematerial(s) removed, the quantity, and disposal destination.
3' Citv. Maintenance at Owner's Exoense: ln the event Owner, or its successors orassigns, fails to accomplish the necessary maintenance contemptated by this
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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 five (5) 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 BMP, nor does this section prohibit the City from pursuing
other legal recourse against Owner.
4. Suretv 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 BIt/Ps have been
installed and/or implemented until such time as Owner repays to City its reasonable
costs incurred in accordance with paragraph 3 above.
Recordinq: 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.
Attornev's Fees: ln 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: lt 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.
Bindins 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.
5
6
7
B.
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. tt/lail, 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. N/lail, whichever is earlier. A party may change a notice
address only by providing written notice thereof to the other party.
lN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
IF TO CITY:IF TO OWNER:
City of Menifee 5 +l(\\O\ LLO
29844 Haun Road Lenkr lL ,ooo
Menifee, CA 92586-6540 (rbl,^ l.Ietq, 'A 4Aroz,,
CITY:
By
Armando G
City Manager
APPROVED AS TO FORM:
. Melching,
€ 6cc
NAME
DAVID E. BARTLETTritle: Vice President
OWNER:
ey
By
ATTEST:i---
NAME RICHARD T. WHITNEY
,.,," Chief Financial Officer
Clerk
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
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
SS
COUNTY OF Oranqe
on dorru0fu 15 )020, before me,Danielle Monioue Moss
)
)
)
Notary Public,
personally upp&..d David E. Bartlett &
the basis of satisfactory evidence to be the
and acknowledged that
that by
whose
instrument the
Notary Public
who proved to me on
the within
authorized
upon behalf
of which the instrument.
I certifr 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
nab
@z
same
or the
EXHIBIT A
(Leqal Descriptionl
TRACT NO. 36485
TRACT 36485, BEING SUBDIVISION OF ALL OF PARCEL 1 AND LOT ''R" TOGETHER
WITH PORTION OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 32269, RECORDED
IN BOOK 221 OF PARCEL MAPS, PAGES 13 THROU GH 24 INCLUSIVE, OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED IN SECTION 31,
TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M.
EXHIBIT B
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