2017/11/06 Agreement All Star Super Storage- BMP Right of Entry- APN: 360-350-028-9, 360-350-029-0RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
CITY CLERK
29714 HAUN ROAD
MENIFEE, CA 92586-6540
2017-0464166
11/06/2017 03:17 PM Fee: $ 0.00
Page 1 of 8
Recorded in official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
IIM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from Recordation Fee per Gov. Code §§ 27383 & 6103
WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST
MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND
RIGHT OF ENTRY AGREEMENT
W Q-ozb
PROJECT NAME: ALL STAR SUPER STORAGE
PROPERTY OWNER NAME: ALL STAR SUPER STORAGE, LLC
PROPERTY ADDRESS: 32456 HAUN ROAD
MENIFEE, CA, 92584
APN: 360-350-028-9 and 360-350-029-0
THIS WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST
MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND RIGHT OF
ENTRY AGREEMENT ("Agreement") is made and entered into in
Menifee, California, this 17,th day of October, 2017 by and between All Star Super Storage,
LLC, 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 ("Permit"). 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 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
V-S
Exhibit "B", each of which exhibits is attached hereto and incorporated herein by this
reference;
WHEREAS, at the time of initial approval of the development project known as: ALL STAR
SUPER STORAGE, LLC within the Property described herein, the City required the project to
employ Best Management Practices, hereinafter referred to as "BMPs," to minimize
pollutants in urban runoff;
WHEREAS, the Owner has chosen to 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 of drainage facilities on
private property and draining only private property, shall be implemented as part of a private
facility with all maintenance or replacement, and are, 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
performance in accordance with the BMPs in the WQMP for the designed drainage facilities
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
1. Right of Access: Owner hereby provides the City of Menifee designee complete
access, of any duration, to the private drainage facilities 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. In the event Owner, or its
successors or assigns, fails to accomplish the necessary maintenance contemplated
by this Agreement in the event of emergency, the City may cause such maintenance
to be conducted on Owner's Property at Owner's expense. The City may charge the
entire cost and expense of any maintenance undertaken by the City in the event of
emergency, to the Owner or Owner's successors or assigns, including administrative
cost, attorney's fees and interest the on 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 of Owner's private drainage
facilities, nor does this section prohibit the City from pursuing other legal recourse
against Owner. City shall make every effort at all times to minimize or avoid
interference with Owner's use of the Property when responding to an emergency.
2. Responsibility for Operation and Maintenance of Drainage Facilities in Accordance
with BMPs: Owner shall use its commercially reasonable efforts diligently to
implement BMPs in a manner assuring p performance at all times in accordance with
design features. 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 installed drainage facilities 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 time 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
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 fifteen (15) 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 of Owner's private drainage facilities, nor does this section
prohibit the City from pursuing other legal recourse against Owner.
4. Reserved:
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 in connection with this Agreement, the
prevailing party shall be entitled to recover attorney's fees and costs.
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)
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.
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
IF TO CITY:
City of Menifee
29714 Haun Road
Menifee, CA 92586-6540
IF TO OWNER:
All Star Super Storage, LLC
Temecula, Ca 92589-0880
CITY: OWNER:
By: �,� 2
Y By:
Ronald E. Bradley, Step en J. Manf di
Interim City Manager
Title: Managing Member
APPROVED AS TO FORM:
Jeff . Melching, City M
rney
ATTEST:
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
ACKNOWLEDGMENT
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 CalifQrniaf%nQ
County of 1p y-skel )
On W K 2:t�] before me,
(insert name and title of the officer)
personally appeared 4fAoVV,1 0 c ) • M fi( i4 ('YI64t j
who proved to me on the basis of satisfactory evidence to be the person(s'Whose names s aa�e
ubscribed to the within instrument and acknowled ed to me tha� executed the same in
phis authorized capacity(.ies ,and that b erftf�ir-signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(&} ected, 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
Signatu
,. .+►L°•� BREIN JENSEN r�
8 NOTARY 1,11C-t880A1111ORMA N
RIVERSIDE COUNTY
* My Comm. EXP. MAR, 25. 2021 "4
EXHIBIT A
(Legal Description)
Parcels 1 and 2 of Parcel Map No. 31185, in the City of Menifee, County of Riverside,
State of California, as per map filed in Book 232, pages 28 and 29, inclusive of
Parcel Maps, in the office of the county recorder of said county.
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