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2020/03/23 Agreement Water Quality Management Plan - Right of Entry Agreement - AMR TR 364843t2312020 Batch 6108372 Confirmation RECORDING REQUESTED BY: CITY OF MENIFEE DOC # 2020-01324/,6 A312312020 11:57 AM Fees: $0.00 Page 1 of 7 Recorded in Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder .tThis document was electronically submitted to the County of Riverside for recording'. Receipted by: TERESA #134 AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29844 HAUN ROAD MENTFEE, CA 92586-6540 SPACE THIS LINE FOR RECORDER'S USE PROJECT NAME:AMR North Tract 36484 pROpER1y OWNER NAME: Sutter Miiland 01, LLC PROPERTY ADDRESS: APN 341-200-004 THIS AGREEMENT is made and entered into in California, this 202D, by and between - !ryATEE.OUALITY MANAGEMENT PLAN AND STORMWATER BESTmaru uo 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 facilitiespursuant to the Santa Ana Regional Water Quality Controt Board Order No. Rg-2010-0033,MS4 NPDES Permit No. CAS 618033. Under the terms of the permiin" citffirfi toenforce the provisions of the permit witnin its jurisdiction. The requirements contained in thisagreement are intended to achieve the goals of the MS4 permit; hftps://gs.secure-recording.com/Batch/Confi rmation/61 08372 1t8 3t23t2020 Batch 61 08372 Confirmation DOC #2020-0132446 Page 2 ot 7 Tract 36484 within the Pro pertydescribed herein, the City required the project to employ Best Management Practices,hereinafter referred to as "BMPs," to m inimize pollutants in urban runoff, WHEREAS, the owner.-owns real property ("property) in the city of Menifee, county ofRiverside. State of California, more speciiicalty aescribed in Exnloit ,,A', and i"pi"i"t 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. 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 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 alt maintenante 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 as=rrepeak performance of all BMPs in the WQMP and that, furthermore, such maintenance Sctjvily will require compliance with all Local, State, or Federal taws and regu[tLns,including those pertaining to confined space and waste disposal methods, in effect at thetime such maintenance occurs; Now THEREFORE, it is mutuaily stipurated and agreed as foilows: 1' Rioht of Access. owner hereby provides the City of Menifee designee completeaccess, of any duration, to the BMPs and their immediate vicinity at iny time, Iponreasonable notice, or in the event of emergency, as determjned by tne 'Citv,s Engineer, no advance notice, for the purpose of lnspection, sampling, testing of theDevice, and in case of emergency to direct all necessary repairs or ot[er prevlniativemeasures 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. Owner shall use its besteffortsdiligentlytomaintainattgtumgpeakperformanceatall times. All reasonable precautions shall be exerciseo oy owher and Owner,srepresentative or contractor in the removal and extraction of iny material(s) t -in"BMPs and the ultimate disposal of the material(s) in a manner consistent with allrelevant laws and regulations in effect at the time. A. .ay be requested from time totime by the City, the owner shall provide the City with documentation identifyinj ihematerial(s) removed, the quantity, and disposal destination. 3' Citv Maintenance at Owngr's Expense: 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 2t8 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. 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. 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.A 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. 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. tVail, 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 !F TO OWNER: City of Menifee 5-r\\e. J$,',!\a^'l o\ LLu 29844 Haun Road 3 x.tro ?ui\r L \er ,te, looa Menifee, CA 92586-6540 CITY: By la City Manager APPROVED AS TO FORM: J Melching,Attorney ATTEST: lr/a Clerk NAME DAVID E. BARTLETTritle: Viee president OWNER: NAMflICHARD T. WH ITNEY Chief Financial Officer "/€( Title Nr)TAEtV AN KNOWLED nElt,r)N trr)I I r)WING PAl?tr krslr..Alssa, cA 4tuzt \ - 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 Oranse onrhougru \5 .2020, before me,Danielle Monique Moss p"rro*[ uppSr.d Bartlett the basis of satisfactory evidence to be the whose ) ) ) SS i'@ Notary Public, who proved to me on subscribed to the within the same rn 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 official seal. Notary instrument the p"rror@ h i s/he r/ttrtr ' autho r i ze d or the entity upon behalf Tr, @ me that EXHIBIT A (Leoal Descriptionl TRACT NO. 36484 BEING A SUBDIVISION OF PARCEL 1 AND LOT ''Q'' AS SHOWN ON PARCEL MAP NO. 32269, RECORDED IN BOOK221 OF PARCEL MAPS, PAGES 13 THROUGH 24, INCLUSIVE, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 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