2020/11/25 Agreement WQMP - Right of Entry Agreement - Lennar Homes of California - APN: 364-431-018 and -00911t25t2020 Batch 8325743 Confirmation
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RECORDING REQUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO;
CITY OF MENIFEE
CITY CLERK
298,44 HAUN ROAD
MENIFEE, CA 92586-6540
DOC # 2020-0591992
1112512020 10:46 AM Fees: $0.00
Page 1 of 7
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
'*This document was electronically submitted
to the County of Riverside for recording*"
Receipted by: JACQUELTNE #2386
SPACE ABOVE THIS LI NE FOR RECORDER'S USE
-- BCSTunteceuenr pn crtqFs opennirb to
RIGHT OF ENTRY AGREEMENT
PROJECT NAME:T 36303 MENt TOWN CE NTER DA.s
PROPERTY OWNER NAME:LEN HOMES OF CALIFORNIA
PROPERTY ADDRESS:
ROADS
APN 364.431{18 and 3il-432{09
THIS AGREEMENT is made and entered into in
Me Ca|fornia. this 20th day of
Novembe r 2O2a , by and between
Lennar Homes of Ca lnc A ation herein after
referred to as "owner'" and the CITY OF MENIFEE, a municipal corporatron, located rn thecounty of Riverside, state of california hereinafler referred to as .clw',:
WHEREAS the City is a Co-Permittee for drscharging stormwater from its MS4 facilitrespursuant to the Santa Ana Regional Water Quality Controt Board Order r.ro na-ioro-ooss,MS4 NPDES Permit No CAS 618033 Under the terms of the permit the City is required toenforce the provisions of the permitGthin its jurisdiction. The rJqu,r"r"nt" contained in thisagreement are intended to achieve the goals of the MS4 permit;
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11t25t2020 Batch 8325743 Confirmation
DOC #2020-0591992 Page 2 ol 7
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WHEREAS. the Owner owns real property ("Property) in the City of Menifee. County of
Riverside. State of California, more specifically descrrbed rn Exhibrt "A'and depicted in
Exhibit "8", each of which exhibits is attached hereto and incorporated herein by thls reference;
WHEREAS at the trme of initral approval of development prolect known as:
Tract 36303 ifee Town Center DA-S within the Property
described herein, the City required the pro.;ect to employ Best Management Practrces,
hereinafter referred to as "BMPs." to minimize pollutants rn urban runoff
WHEREAS the Owner has chosen to rnstall 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, satd WQMP has been certified by the Owner and reviewed and accepted by the
Crty,
WHEREAS, said BMPs, with installation and/or implementation on private property and
draining only private property are part of a private facility wrth all maintenance or
replacement, therefore, the sole responsibility of the Owner in accordance wrth the terms of
thrs Agreement,
WHEREAS, the Owner ts 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 wrth all Local. State. or Federal laws and regulations, includrng
those pertaining to confined space and waste drsposal methods, in effect at the time such
marntenance occurs;
NOW THEREFORE, it is mutually strpulated and agreed as follows
Riqht of Access Owner hereby provides the Crty of Menifee desrgnee complete
access, of any duration, to the BMPs and their immedrate vrcrnity at any time, upon
reasonable notice, or rn the event of emergency, as determined by the City's Engrneer
no advance notice, for the purpose of rnspectron, sampling. testing of the Devrce
and in case of emergency to direct all necessary reparrs or other preventative measures
at owner's expense in accordance with the procedures set forth rn paragraph 3
below City shall make every efiort at all times to minimize or avoid interference
with Owner's use of the Property
2 Resoonsibilitv for Ooeration 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 materral(s) from the
BMPs and the ultimate disposal of the material(s) ln a manner consrstent with all
relevant laws and regulations rn effect at the time As may be requested from time to
time by the City, the Owner shall provrde the Crty with documentation rdentrfyrng the
material(s) removed, the quantity, and drsposal destination
Citv Maintenance at Owner's Expense: ln the event Owner or its successors or
assigns, fails to accomplish the necessary maintenance contemplated by this
1
3
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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 Crty, 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 thrs 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.Suretv 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.
Recordtnq: This agreement shall be recorded rn 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.
Attornev's Fees: ln 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 sard Property.
Covenant: lt 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.
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.
5
b
7
B
9. Time of the Essence: Time is of the essence in the performance of this Agreement.
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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.
lN UTITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
IF TO CITY:
City of Menifee
298/4 Haun Road
Menifee, CA 92586
IF TO OWNER:
Lennar Homes of California, lnc
980 Montecito Drive, Suite 302
Corona, CA 92879
by:OWNER:
By
Smith
City Manager
APPROVED AS TO FORiI:
Title: Vice President
DocuSigned by:
OWNER:
ATTEST:
Soyall 0,
by:
1. ttdluu4t
City Attorney
By:
NAME
Title
, City Clerk
NOTARY ACKNOWLEDGEiIIENTS ON FOLLOWING PAGE
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ACKNOWLEDGMENT
A notary public or olher officer completing this
certificate verifies only the identity of the individuat
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
va of that document.
State of California Svwvr)tCounty of
On before me,
name and of
personally appeared
who proved to me on the basis of satisfactory to be the whose na i
the same in
on the instrument the
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
JOD IE ATHA
WITNESS my hand and officialseal
@ Not.(Y Public - California
Rivorride CountY
Commis!ion r 2230896
My Comm flt Fcb l1,2022
Signature (Seal)
(1lh["' lt, ?'.m
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Exhibit A
(Leqal Descriotionl
Lots 157 and 159 ofTR 36303, as per Map Recorded in Map Book 470 Pages 77 through 87 of
Maps, in the office of the County Recorder, County of Riverside, State of California, lying within
Section 3, Township 6 South, Range 3 West, S.B.M
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