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2017/10/02 Agreement Haun Medical Building BMP Right of Entry- APN: 336-380-058 & 336-380-059RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6540 6 I/ ' () : - I/I 10/02/2017 03:28 PM Fee: $ 0.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Asses sor -County Clerk -Recorder 1111 Firm"Rb"111', RFAEExffm:,Page DA 7SMF( pMisc Long RFDC SIZE NCOR. T: 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 WQ— H-7 PROJECT NAME: Haun Medical Building PROPERTY OWNER NAME: Haun Professional LLC PROPERTY ADDRESS: APN: 29826 Haun Road, Menifee, CA 92586 336 380 058 & 336 380 059 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 the City of Menifee, County of Riverside, California, this 15th day of August, 2017, by and between Haun Professional 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 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: Haun Medical Building, 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: 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 shaii 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 CITY: By: :/�" — Ronald E. Bradley, Interim City Manager 74' Apmvuo /45 ' 0 jr62".1 IF TO OWNER: Huan Professional LLC. 29826 Haun Road Menifee, CA 92586 OWNER: By: Ronald J le ,_Sr. Haun Professional LL , Title: Managing Partner OWNER: By. Ronal J. ffaft le Haun Profession I LLC Title: Managing Partner T. UeJ� NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE CALIFORNIA• • •. CN.c� .v�C�C!v�C!c��C�G!sC .c��a.c�c..�.!c� .:��C!s'�•.c� .cam ..�..c� .TN.� ,c�Y.s� ..�< �<.c�c!s'�c!cCc..�<.a�a!�<��.•.c�.v�v�r��� .c�..sa .v�..cv .ca _ 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 On before me, I&Mah^V Date Here Insert Name and Title of the Officer personally appeared of Signe who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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. KAMALA ELIZABETH DAVIS WITNESS my hand and official seal. Notary Public - California iRiverside County = Commission #F 2151966 Signature Z", My Comm. Ex Tres may 3, 2020 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. DescriRion of Attached Document Title or Type—of-D Number of Pages: Document Date: igner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s)\ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: �oQorate Officer — El Partner — Limite ❑ Individual ElTrustee ❑ G ElOther: Signer Is Representing d Title(s): ❑ General nev in Fact 'yc'y '�+ '✓c'ar •L .y .� .y�y .d .y EXHIBIT'A' (Legal Description) LOT "A" PARCEL'A' of LOT LINE ADJUSTMENT NO. 4753 Being Parcel 32 and a portion of Parcel 33 in Parcel Map No. 22233 as shown by Map on file in Book 187 of Parcel Maps, Pages 9 through 14, inclusive, together with a portion of Parcel No. 1 of Parcel Merger No. 1514 , as described in Instrument No. 2004-054673, recorded 7-2-04 , both of Records of Riverside County, California, more particularly described as follows: BEGINNING at the Northwest corner of said Parcel 32, said corner being also on the Easterly right-of-way line of Haun Road as shown on said Parcel Map No. 22233; THENCE North 80' 04' 06" East along the North line of said Parcel 32 and its Easterly prolongation a distance of 152.76 feet; THENCE South 000 35' 38" East a distance of 264.74 feet; THENCE South 890 53' 43" West a distance of 173.85 feet to a point on the Easterly right-of-way line of said Haun Road, said point being also the beginning of a non - tangent curve concave Northwesterly having a radius of 900.00 feet, a radial line to said point bears South 740 45' 53 " East; THENCE Northerly along the arc of said non -tangent curve and said right-of-way line through a central angle of 040 41' 48" an arc distance of 73.77 feet to the beginning of a tangent curve concave Westerly having a radius of 400.00 feet; THENCE Northerly along the arc of said tangent curve and said right-of-way line through a central angle of 170 00' 44" an arc distance of 118.77 feet to the beginning of a tangent curve concave Easterly having a radius of 100.00 feet; THENCE Northerly along the arc of said tangent curve and said right-of-way line through a central angle of 080 30' 22" an arc distance of 14.85 feet to the beginning of a tangent curve concave Westerly having a radius of 889.00 feet; THENCE Northerly along the arc of said tangent curve and said right-of-way line through a central angle of 02' 10' 25" an arc distance of 33.72 feet to the Northwest corner of said Parcel 32 and the POINT OF BEGINNING. Containing 0.90 acres, more or less. 1. LOT "B" Parcel `B' of LOT LINE ADJUSTMENT NO. 4753 Being a portion of Parcel 33 in Parcel Map No. 22233 as shown by Map on file in Book 187 of Parcel Maps, Pages 9 through 14, inclusive, together with a portion of Parcel No. 1 in Parcel Merger No. 1514 as described in Instrument No. 2004-0514673, recorded 7-2-04, .both of Records of Riverside County, California, more particularly described as follows: BEGINNING at the Westerly most corner of said Parcel 1, said corner being also on the Easterly'right-of-way line of Haun Road as shown on said Parcel Map No. 22233 and the beginning of a tangent curve concave Northwesterly having a radius of 900.00 feet, a radial line to said point bears South 620 30' 55" East; THENCE Northerly along the arc of said tangent curve and said right-of-way line through a central angle of 12° 14' 59" an arc distance of 142.42 feet; THENCE leaving said right-of-way line North 89' 53' 43" East a distance of 173.85 feet; THENCE South 00' 35' 38" East a distance of 189.92 feet to the South line of said Parcel 1; THENCE South 890 53' 43" West along the boundary of said Parcel No. 1 a distance of 224.36 feet; THENCE continuing along said boundary North 620 30' 55" West a distance of 24.13 feet to the Easterly right-of-way line of said Haun Road and the POINT OF BEGINNING. Containing 0.91 acres, more or less. 2. EXHIBIT "B" (Map/Illustration) LOTS A, B, & C OF LLA 4753 w LOT C I z NOT A PART af o 0 TRASH ENCLOSURE _ FOR LOT A I U-w 1 I LOT A LOT B w Q wo I N� w Z) � I A HAUN ROAD > It a-