2018/01/22 Agreement Menifee Lakes Plaza- BMP Right of Entry APN: 340-020-065-5RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
CITY CLERK
29714 HAUN ROAD
MENIFEE, CA 92586-6540
2018--0025177
01/22/2018 02:52 PM Fee: 0.00
Page 1 of 9
RecRecorded in Official Records
Petery of Riverside
Aldana
Assessor -County
al V? ,f�' Clerk -Recorder 7i
ilk�,r,11II1
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
PROJECT NAME: Menifee Lakes Plaza
PROPERTY OWNER NAME: Menifee Lakes Plaza, LLC & Laguna Beach Properties, LLC
PROPERTY ADDRESS: NWC Newport Road & Antelope Road
Menifee, CA
APN: Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12 of PM 34318
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
Newport Beach , California, this day of
August 201 6 , by and between
Menifee Lakes Plaza, LLC & Laguna Beach Properties, 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: Menifee Lakes Plaza
PM 34318 , 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.
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.
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.
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. Bindinq 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: IF TO OWNER:
Menifee Lakes Plaza, LLC
City of Menifee 3636 Birch St.. #200. Newport Beach CA 92660
29714 Haun Road
Laguna Beach Properties, LLC
Menifee, CA 92586-6540 41805 Albrae Street, Fremont CA 94539
CITY:
By: '
Armando G. Villa
City Manager
APPROVED AS TO FORM:
(Jz�-
J ry etching, City orney
ATTEST: v
^ a LW/ '�✓ Lii1
Sa ah Manwar ng, City Clerk
Menifee Lakes Plaza, LLC, a California limited liability company
OWNER: By: Rancho Plaza, LLC, a California limited liability company
By;
NAME Louis A. Miramontes
Title: Manager
OWNER: Laguna Beach Properties, LLC , a California limited
liability company
4
By:
NAME Naresh Goyal
Title: Managing Member
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
ACKNOWLEDGEMENTS
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 }
} ss.
COUNTY OF ORANGE }
On � o � 2016 before me, Christine P. S. McGraw, Notary Public,
personally appeared Louis A. Miramontes, proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or entity upon behalf of which the person 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.
CHRISTINE P.S61"1. MCGRAW. WITNESS my hand and official seal.
Notary Public - California Z
Orange County Z
Commission 4* 2157584 -
M Comm. b Tres Jul 20, 2020
Notary Public
[Seal]
My Commission Expires: 7/20/2020
ACKNOWLEDGEMENTS
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
ss.
COUNTY OF k\koe
Ik
On Au �5- 23, 201 �o before me, _�� W �,� %M `�i�,� - ��j Notary
Public, personally appeared Naresh Goyal, proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or entity upon behalf of which the person 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.
JOHN Wil 1AM bLouS
Comm11e*4 2119837
Z qP
Notary Public - California a
Z Alameda County
MComm. ExPites Jul 17, 2019
[Seal]
WITNESS my hand and official seal.
Notary Public
My Commission Expires: 0"t, 2D l Notary Commission Number:'B
EXHIBIT A
(Legal Description)
Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12 inclusive of Parcel Map 34318, as shown by map on file in Book
, Pages through , inclusive of parcel maps, records of Riverside County, California.
Assessor's Parcel Number: 340-020-065-5
EXHIBIT B
(Map/lllustration)
EXHIBIT `B"
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