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2020/01/27 Agreement Water Quality Management and Right of EntryDOC # 2020-0040658 0112712020 04:26 PM Fees: $0.00 Page 1 of I Recorded in Official Records County of Riversrde Peter Aldana Assessor-Cou nty Clerk-RecorderRECORDING REQUESTED BY: CITY OF MENIFEE "This document was electronically submilled to the County ol Rive6ide for recording" Receipted by. KAREN #277 AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29844 HAUN ROAD MENTFEE, CA 92586-6540 SPACE ABOVE THIS LINE FOR RECORDEB'S USE WATER OUALITY MANAGEMENT PLAN AND STORMWATEH BEST MANAGEi'ENT PRACTICES OPERATION. TRANSFER. MAINTENANCE AND RIGHT OF ENTRY AGREEMENT PROJECT NAME: PFOPERTY OWNER NAME:S&BP TNEBS. LLC PROPEBTY ADDRESS:26900 New Roa d Menilee,cA 92584 APN 3s8-170-02 THIS AGREEMENT is made and entered into in Menilee , California,rhisA 7 da yol zo(9 , by and oewveen S&B PAFITN F RS LL herein afterC DENTAL PROFESSIONAL OFFICE 26900 NEWPORT ROAD referred to as "owner", and the clTY oF MENIFEE, a municipal cotporation, located in the County ol Riverside, State ol Calilornia hereinafler relerred to as "CITY"; WHEREAS, the City is a Co-Permittee for discharging stormwater from its MS4 tacilities pursuant to the Santa Ana Regional Water Ouality Control Board Order No. R8-2010-0033' MS4 NPDES Permit No. CAS 618033. Under the lerms ol the permit the city is required to enforce the provisions of the permit within its jurisdiclion. The requirements contained in this agreement are intended to achieve the goals of the MS4 permit; DOC #2020-0040658 Page 2 of 8 WHEREAS, the Owner owns real property ("Property) in the City ol Meni,ee, County of Riverside. State of California, more specilically described in Exhibit 'A" and depicted in Exhibit "B", each ol which exhibits is anached hereto and incorporated herein by this reference: WHEREAS, al the time of initial approval of development project known as: DENTAL PROFESSIONAL OFFICE 26900 NEWPORT ROAD within the Property described herein, the City required the project to employ Best Management Practices, hereinafter relerred 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 Oualily Management Plan, on file with the City, hereinafter relerred to as'WOMP," to minimize pollutants in urban runoff and to minimize other adverse impacts ol urban runoff; WHEREAS, said WQMP has been certified by the Owner and reviewed and accepted by the City: WHEBEAS, said BMPS, with installation and/or implementation on private properly and draining only private property, are part ol a private facility with all maintenance o, 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, tilter 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, Stale, or Federal laws and regulations. including lhose pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs: NOW TIIEREFORE, it is mutually stipulated and agreed as follows: Rioht ol Access: Owner hereby provides the City of Nilenilee designee complete access, ol 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 ol inspection, sampling, testing of the Device, and in case of emergency to direcl 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 inlerference with Owner's use of the Property. 2. Besponsibility for Ooetalion and Maintenance of BMPS: Owner shall use its best efforts diligenlly lo 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 contraclor in the removal and extraction of any material(s) lrom the BMPS and the ultimate disposal of the material(s) in a manner consistent with all relevant laws and regulations in erfect 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. Citv Maintenance at Owner's Exoense: ln the event Owner . or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this 1 ACKNOWLEDGMENT A notary public or other otficer 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 validi of thal document. State of E County On NMru-L.PZ, )oo before me,PJaz.F-A,- (insert name and title of officer) personally appeared C who proved to me on the basis of satisfactory evidence to be the n whose nam re ey executed e me rn natu on the instrument the the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. WITNESS rny hand and official seal tJl LYOIA ROUTT Co$x.fl 2293115 iloIlRY Pr.tsIlC-C UFoRlllA R vERsrDE CoU TY tlv Co r. ExP. JUNE 16, 2023 u Sign (Seal) lo me acted, EXHIBIT A (Leoal Desctiption) PARCEL 2 OF PARCEL [/AP NO, 37103 IVB244/8.9 July 24, 2006 F-5 EXHIBIT ,8, SHEET I OT 2 S ITE I N I o otr :t o o ou B oI(v NTVPERI RDADaz tll uL!Fz = trJ)o E.o NO SCALT 215 VICINITY MAP EXHIBIT ,8, sH|tr 2 0f 2 N 89'29'45 "W 90.5 0'MO DWET r\ -{r,o o z, r'- o ooz I N I 90.50' N89'30'26"W NEWPORT ROAD STORMIRAP APN: 538-170-028 PARCEL 2 PARCTL MAP 57103 A DDRtSS: 26900 NEWPORT ROAO MENIFET, CA 92584 BLDG. Z INDEX MAP I