Loading...
2020/03/23 Agreement Water Quality Management Plan and Stormwater - Right of Entry Agreement312312020 RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29844 HAUN ROAD MENIFEE, CA 92586-6540 ABOVE THIS L PROJECT NAME:Tract 31 pROpERtv OWNER NAME: Sutter Mittand 01 , LLC PROPERTY ADDRESS: APN:341-200-006.341-200-012 THIS AGREEMENT is made and entered into in \itotttL..-California, this \r\ct v ctt 2O2lL, by and between Sutter Mitland 01, LLC Batch 61 08372 Confi rmation DOC # 2020-013244-7 0312312020 1 1:57 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 RECORDER'S USE BEST MANAGEMENT PRACIISES openerloru. rneruffi u o RIGHT OF ENTRY AGREEMENT 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 ,,clrV,'; WHEREAS, the City is a Co-Permittee for discharging stormwater from its MS4 facilitiespursuantto the Santa Ana RegionalWater Quality Control Board Order No. Rg-2010-0033,MS4 NPDES Permit No. CAS 618033. Under the terms of the permit the City-il;ffif, toenforce the provisions of the permit within its jurisdiction. The requirements contained in thisagreement are intended to achieve the goals of the MS4 permit; https://gs.secure-recording.com/Batch/Confi rmation/61 08372 3/8 3t23t2020 Batch 6108372 Confirmation DOC #2O2O-O132447 Page 2 of 7 TR 31822-2 within the Propertydescribed herein, the City requ ired the project to employ Best M anagement Practices,hereinafter referred to as "BMPs," to minimize pollutants in urban runoff; WHEREAS, the owner.,owns real property ("property) in the city of Menifee, county ofRiverside, State of California, more specifically described in Exhibit ,,A,' and Oeplctei inExhibit "8", each of which exhibits is attached hereto and incorporated herein by thisreference; WHEREAS, at the time of initiat approval of devetopment project known as: WHEREAS, the Owner has chosen to install and/or imptement BMps as described in theWater Quality Management Plan, on file with the City, hereinafter refened to as ,,WetuF,', tominimize pollutants in urban runoff and to minimize olher adverse impacts of urban runoff; WHEREAS, said WQMP has been certified by the Owner and reviewed and accepted by theCity; 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 notnecessarily limited to, filtermaterial replacement and sediment removal, is required io a.srrepeak 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 methods, in effdct at thetime such maintenance occurs; NOW THEREFORE, it is mutually stipulated and agreed as foltows: 1. Riqht of Access: Owner hereby provides the City of Menifee designee completeaccess, of any duration, to the BMPs and their immediate vicinity at iny time, uponreasonable notice, or in the event of emergency, as determined 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 oi otfier 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 avoid interference with Owner's use of the property. 2. Resoon$iFilitv for Operation and Maintenance of BMPs: Owner shall use its besteJforts diligently to maintain all BMPs in a manner asswing peak performance at alltimes. All reasonable precautions shall be exercised by Owner and Owner,srepresentative or contractor in the removal and extraction of lny 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 documentation identifyinj thematerial(s) removed, the quantity, and disposal destination. 3' CitY Maintenance at owner's Exoense: ln the event Owner, or its successors orassigns, fails to accomplish the necessary maintenance contemplated by this https://gs.secure-recording.com/Batch/Confi rmation/6 1 08372 4t8 4 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. 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 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. 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. 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. 5. 6 7 B 9. Time of the Essence: Time is of the essence in the performance of this Agreement. 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. 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. tt/ail, 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: City of Menifee 29844 Haun Road ltlenifee, CA 92586-6540 CITY: By Armando la City Manager APPROVED AS TO FORM: ltlelching, ATTEST: IF TO OWNER: '5.r\\.. trll$o^r\ o\ LLL, p Ie €L NAME Title:DAVID E. BARTLETT vice Presldent OWNER: By NAI\NE RICHARD T. WHITNEY Title : Chief Finaneiat effieer NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE tDr-[a. Al\cra, cA l?.Ozr -\ 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 COLINTY OF Orange On 5 2020, before me, Danielle Monique Moss , Notary Public, personally who proved to me on the basis of satisfactory evidence to be the whose the within instrument and acknowledged me that authorized capacity(G) of which the and by the instrument the Rersor@ or the entity upon behalf acted,the instrument. I certi! under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialseal. Notary Public DANIELLE MONIQUE t'1055 Notary Public ' California Orange CountY Commisslon f 2254683 ItlY Comm. ExPires Aug17 , l02Z ) ) ) @,z zz SS. TnAA EXHIBIT A (Leaal Descriptionl TRACT 31822-2, BEING A SUBDIVISION OF ALL OF PARCEL 4 AND LOT ''T" TOGETHER WITH A PORTION OF PARCEL 9 AND LOT "U", AS SHOWN ON PARCEL MAP 32269, RECORDED IN BOOK 221 OF PARCEL MAPS, PAGES 13 THROUGH24,INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. LOCATED IN SECTION 31, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M. APN : 341 -200-006, 341 -200-012 I EXHIBIT B TRACT 31822.2 i--.i r.l-l l_r l _l --l-l $-ls\ --Jbt E-r L!lFl$l -) ll .A \ n\ A fR. 36485-10 TRACT BOUND,ARY -{\ l .\: '. -*-l--r-" / t/ tl tl I LLL ,LF-t-- EAST PASEO BMP.sb MODIHED BIORETENNON TRENCH I t \I I I I I I I PLAN VIEW SCALE:1"=250' Z 24 20 1965 1864saflr 63 s8 16 62 59 15 61n72 n 74 a T ho c u DE'TRY DRW 4 5 6 7 I I 10 fl TRACT BOUNDARY \ I fR. 36485-1 I TRACT BOUNDARY BOUNDARY I t TRACT TRACT BOUNDARY thP R wAIAtE niQP BY Oflf,S) fin os FWURE SCHOOL SITE uGl, Nt8kt sE,t'f{r cAsN salI rP-tl I Ir-- I, \ 28 \ \