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2018/06/04 Agreement HFC-PRp Menifee- Newport Towne Square II- APN: 336-380-071RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO CITY OF MENIFEE CITY CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6540 2018-0225966 06/04/2018 03:11 PM Fee: $ 0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder Is IIII I I I I , � ti, SPACE ABOVE THIS LINE FOR RECORDER'S USE WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND RIGHT OF ENTRY AGREEMENT PROJECT NAME: Newport Towne Square II PROPERTY OWNER NAME: HFC-PRP Menifee, LLC PROPERTY ADDRESS: Hau_n Rd. and New Hub Dr., Menifee, CA APN: 336-380-071 THIS AGREEMENT is jmade and entered into in �ewp� `L-� qa4 California, this �J� � day of w8 20113" by and between Y HFC-PRP Menifee, 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. 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 MS4 permit; fol l 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 development project known as: Newport Towne Square II 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 install and/or 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 on private property and draining only private property, are part of a private facility with all maintenance or replacement, 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 peak performance of all BMPs in the WQMP 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 BMPs 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 accordance with the procedures set forth in paragraph 3 below. City shall make every effort at all times to minimize or avoid interference with Owner's use of the Property. 2. Responsibility for Operation and Maintenance of BMPs: Owner shall use its best efforts diligently to maintain all BMPs in a manner assuring peak performance at all times. 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 BMPs 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 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. 4. Surety 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. 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 event of default in payment. 6. Attorney's Fees: In 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: 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: IF TO OWNER: City of Menifee HFC-PRP Menifee, LLC 29714 Haun Road 417 29th Street Menifee, CA 92586-6540 CITY: By: P!�T V" Armando Cr Villa City Manger APPROVED AS TO FORM: i ing, City 4ttorney Newport Beach, CA 92663 OWNER: By: 3D NAME Brett Del Valle Title:Manager OWNER: By: NAME tle: NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Jr'(kAraL On M Cs` 1 SOt before me, Date Title' \ Here Insert Name and of the Officer personally appeared 6 y-gt 1}�� \� D_O e Name(A of SignerO) who proved to me on the basis of satisfactory evidence to be the personX whose name(a) War< subscribed to the within instrument and acknowledged to me that he/SJ4€/tl y executed the same in his/her/their authorized capacity([), and that by his/h&/ths:� signature(s) on the instrument the person(8), or the entity upon behalf of which the person() acted, executed the instrument. JENMFER LYNN DEDINSK1r Notary Put9ic - California a Orange County Commission # 2176695 NlComm. Expires Dec 23, 2020 Place Notary Seal Above 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 and official seal. Signature Z� �_ gnature of No ry Public 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. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.Nationa[Notary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A (Legal Description) EXHIBIT A LEGAL DESCRIPTION PARCEL A In the City of Menifee, County of Riverside, State of California: In Section 34, Township 5 South, Range 3 West, S.B.M.; Parcel 6 of Parcel Map No. 22233, per map filed in Book 187, pages 9 through 14 inclusive, of Parcel Maps, records of said Riverside County; a portion of Parcel B of Notice of Lot Line Adjustment No. 5288 per document recorded July 29, 2008 as Document No. 2008-412871 and a portion of Parcel A of Certificate of Parcel Merger No. 1794, per document recorded August 12, 2008 as Document No. 2008- 441964, both of Official Records of said Riverside County, described in its entirety as follows: Commencing at the northwesterly corner of Lot A of said Parcel Map No. 22233; Thence North 0°35'38" West"along the westerly line of said Parcel Map, a distance of 270.52 feet to the True Point of Beginning; Thence North 89*53'43" East, a distance of 93.29 feet; Thence North 0°06'17" West, a distance of 21.59 feet; Thence North 89°53'43" East, a distance of 249.00 feet; Thence South 0°06'17" East, a distance of 18.00 feet; Thence North 89°53'43" East, a distance of 33.58 feet; Thence North 0°06'17" West, a distance of 140.18 feet; Thence North 89°53'43" East, a distance of 243.07 feet; Thence South 67'26'06" East, a distance of 51.05 feet to a point of intersection with the westerly line of Haun Road, (100.00 feet wide) as shown on said Parcel Map No. 22233, said line being a non -tangent curve, concave southeasterly and having a radius of 900.00 feet, a radial line to said point bears North 67°26'06" West; Thence northeasterly along said curve, through a central angle of 5°41'46", an arc length of 89.47 feet to a point of reverse curvature with a curve concave northwesterly and having a radius of 800.00 feet, a radial line to said point bears South 61'44'20" East; Thence northeasterly along said curve, though a central angle 11°58'41", an arc length of 167.25 feet; Thence non -tangent to last said curve, North 29'55'07" West, a distance of 34.56 feet to the southerly line of Hub Drive (78.00 feet wide) as shown on said Parcel Map No. 22233; Thence North 78°22'04" West along said southerly line, a distance of 14.49 feet to the beginning of a tangent curve, concave southerly and having a radius of 811.00 feet; Sheet 1 of 2 EXHIBIT A LEGAL DESCRIPTION Thence westerly along said curve through a central angle of 12'13'34" an arc length of 173.06 feet; Thence tangent to last said curve, South 89°24'22" West, a distance of 132.10 feet to the beginning of a tangent curve, concave southerly and having a radius of 100.00 feet; Thence westerly along said curve through a central angle of 9°58'58" an arc length of 17.42 feet; Thence tangent to last said curve, South 79'25'24" West, a distance of 41.26 feet to the beginning of a tangent curve concave northeasterly and having a radius of 88.00 feet; Thence northwesterly along said curve through a central angle of 56'18'50" an arc length of 86.49 feet to the southeasterly line of Parcel 13 of said Parcel Map No. 22233; Thence non -tangent to last said curve, South 33°07'30" West along said southeasterly line, a distance of 52.89 feet to an angle point therein; Thence South 89'53'43" West along the southerly line of said Parcel 13, a distance of 270.00 feet to the aforesaid westerly line of Parcel Map No. 22233; Thence South 0°35'38" East along said westerly line, a distance of 379.76 feet to the True Point of Beginning. Said land is also shown as "Parcel A" of Lot Line Adjustment No. LLA 13-004, a copy of which was recorded on January 31, 2014 as Instrument No. 2014-0044597, and re -recorded on March 31, 2014 as Instrument No. 2014-0116283, both of Official Records. Contains 5.36 acres, more or less. See Exhibit "B" hereto and by this reference made a part hereof. PREPARED BY ME OR UNDER MY SUPERVISION: . l5 _21P Ito pL LAND f�V Eo GORDON D. EDWARDS, PLS 6678 EXPIRATION 6-30-2018 L.S. o a,l� OF CA)" Sheet 2 of 2 EXHIBIT B (Map/Illustration) J W Z 2 U Q r r O i J S CL 'k?.Llb PARCEL 13 PM NO. 22233 S PMB 18719-14 ?89, EXHIBIT "B" MAP/ILLUSTRATION lim Rsa'a, NEW HUB 'v,1 8 49 SO ' n N89 �4inrn T22,'E m N89'53'43 E 270.00' � S� 17.42 h ti� PARCEL A L LA NO. LLA 13- 004, MARCH 31, 2014 INST. NO. 20114==-QQ0116283RO. R. &36 AC. NE AIAO•� Z' A 9`'?��o �� p� N89'53'43"E '�,9.� ro ,�g; �Z PARCEL B g LLA NO. LLA 13-004, MARCH 31, 2014 ool INST. NO. N 2014-0116283 D.R. POC PARCEL A NW'LY CORNER LOT A, PM NO. 22233, ,PMB 187/9-14 LOT A -CID PM NO. 22233, PMB 18719-14_ N67'26'06"W 51.05 PARCEL C LLA NO. LLA 13-004, MARCH 31, 2014 INST. NO. 2014-0116283 O.R. PARCEL 8 LLA NO. 4185, JUNE 13, 2000 INST. NO. 2000-224957 O.R. NEWPORT ROAD SCALE: 1 "=150' ASSESSOR'S PARCEL NUMBERS: 336-380-071 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 3 WEST S.B.M. DATE EXHIBIT PREPARED: 5-15-2018 SHEET 1 OF 1 SHEETS d- DIVE =7273'34" N 7811.00' 173 06' _ ��• ate' 0 Cb. o " 7'96 06 O� � J? Q 50,150, ® VICINITY MAP` 1 —2— .r. _ - LArvoO,� ok�l. OQ1 n• Eo�y `�` a o �aN $ a L.S. 6678 Exp.6-30-20$0 �{ ` 01= Cw- coJ PREPARED BY ME OR UNDER MY DIRECTION 545 -2o(i$ Ga� I�&" GORDON D EDWARDS, PLS 6678