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2017/09/18 Agreement Ridgemore Investments- Oakhills II- APN: 339-153-031RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6540 2017-0386018 09/18/2017 03:44 PM Fee: $ 0.00 Page 1 of 7 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 0­ R A Exam: 6 Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC I SIZE NCOR SMF ,NCHG 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-159 PROJECT NAME: OAKHILLS II PROPERTY OWNER NAME: Ridgemore Investments, LLC PROPERTY ADDRESS: Corner of Ridgemoore & Valley Blvd. APN: 339-153-031 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 10th day of April 2017, by and between Ridgemore Investments . !-i_C' . , 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: Oakhills 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 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: Ridgemore Investment, LLC 26640 Acero Mission Viejo, CA 92691 OWNER: By: oha mad Kashani Title: Member APPROVED AS TO FORM: J e T. Melching, i Attorney ATTEST. '. 'ah,K48nwarrir CITY: By. Ronald E. Bradley, Interim City Manager NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE PRELR IINARY REPORT Chicago Title Company YOUR REFERENCE: TR 37102 ORDER NO.: 00059064-996-SDI-RT4 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 29, AS SHOWN IN BOOK 49, PAGE 71 OF RECORDED TRACT 2813, IN THE OFFICE OF THE COUNTY RECORDER, RIVERSIDE COUNTY; THENCE ALONG THE SOUTH SECTION LINE OF SAID SECTION 29, SOUTH 89°58'54" EAST 2,442.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°58'54" EAST 705.00 FEET TO A POINT ON THE WEST BOUNDARY LINE OF SAID TRACT 2813, SAID POINT BEING FURTHER DESCRIBED AS NORTH 89°58'54" WEST, 68.52 FEET FROM THE CENTERLINE INTERSECTION OF VALLEY BOULEVARD AND RIDGEMOOR ROAD IN TRACT 2813; THENCE LEAVING SAID SECTION LINE NORTH 00' 01' 06" EAST, 33.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF RIDGEMOOR ROAD; THENCE ON A CURVE TO THE LEFT FROM A TANGENT WHICH BEARS SOUTH 89058'54" EAST, CONCAVE NORTHWESTERLY THROUGH A RADIUS OF 14.00 FEET, A CENTRAL ANGLE OF 89°2457" AN ARC DISTANCE OF 21.85 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VALLEY BOULEVARD OF SAID TRACT 2813; THENCE ALONG SAID RIGHT-OF-WAY PARALLEL AND 55.00 FEET WEST OF VALLEY BOULEVARD CENTER LINE NORTH 00° 36' 09" EAST, 291.02 FEET; THENCE NORTH 89' 58' 54" WEST, 721.96 FEET TO A LINE WHICH BEARS NORTH 00' 01' 06" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 00' 01' 06" WEST, 338.16 FEET, TO THE TRUE POINT OF BEGINNING APN: 339-153-031 CLTA Preliminary Report Form — Modified (11/17/06) Page 3 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 ) On before me, Pei Date ere Insert Name and Title of the Officer personally appeared"t011g1vI�CGi ��q C �gvrj Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(S) Were - subscribed to the within instrument and acknowledged to me that he/she/14ey executed the same in hisfl e /lb& authorized capacity(ies), and that by his/ber/their signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. S,F^LPESH 1"RIVED WITNESS my hand and official seal. �. Cohu_.i. # 2108943 NOTARY PUBLIC-CALIFORNIA V1 OFAHSe COUNTY / my Comm. EXP. MIY 11. 2 Signature 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. Description of Attached Document Title or Type of Document: 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 ❑ Attomey in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 11 Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C.:�'<C:�%:-�s-y4v�-a..-.-.tv✓'-y<v:--✓.-.r<v%:ys' cv'ia�.'ys�-Ss-atv✓"✓"ri4�✓-c'tvtL✓.'-y ✓ �✓ t`'.ti.. v...r. U4�✓,'i`y,: ✓t�✓4'o'L`✓, �t-.`yt�✓ '✓r-ei4�✓ ' 02016 National Notary• •www.Nationa]Notary.org :00a • •, PETER ALDANA Recorder P.O. Box 751 COUNTY OF RIVERSIDE Riverside, CA 92502-0751 ASSESSOR -COUNTY CLERK -RECORDER (951)486-7000 www.riversideacr.com NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: A I DeS1/1 'vl� 4 Commission #: Place of Execution: a ft CCV HTy Date Commission Expires: !" J_ 121 2-0 ) I Date: l�S I C4- Signature: Print Name: AuejN- ACR 186 (Rev. 07/2013) Available in Alternate Formats