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;
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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
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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
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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
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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
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EXHIBIT B
TRACT 31822.2
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