2021/06/22 Agreement Water Quality Management Plan and Stormwater Best Management Practices Operation, Transfer, Maintenance and Right of Entry AgreementProperty 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
stomwater-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.
Recordino: 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.
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 said 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.
8. Bindinq on Successors: The obli gations 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
6
7
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.
IF TO CITY:
City of Menifee
29844 Haun Road
S
IF TO OWNER:
D.R. HORTON LOS ANGELES HOLDING COMPANY, INC
2280 WARDLOW CIRCLE, #1OO
coRoNA, cA 92878Menifee, CA 92586-6540
CITY:
By:
en 'leary
City Manager
tle
APPR D AS TO FORM:
Melching, C ey
Q.
anwann v lerk
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
lN WTNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
OWNER:
Armando G.
ATTEST:
CALIFORNIA NOTARY ACKNOWLEDGEMENT
(rNDrvrDUAL)
A notary public or other officer completing this certificate verities 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 Rv€rsde
On June 1, m21 before me,S,J. PARADISO, NOTARY PUSLIC (insert name and title of
the officer), personally appeared Jenn,ter L. o Leary , who proved to me on the
basis of satisfactory evidence to be the person(r) whose name(t) is/@ subscribed to the within
inslrument and acknowledged to me that h/she/lbo$ executed lhe same in hiolher&naR
authorized capacity(ifiti, and that by ftjdher/tEiRsignature(sl on the instrument the person(94,
or the entity upon behalf of which the person(gf acted, executed lhe instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correcl.
WITNESS my hand and officaal seal.S. J. P^i^DtSo
Norary Publl( . Caltfornlalivrddr Co'rnty(ohnrrrion I 2279126
^ly
Comm. frpira! fia. 7, 2023
Signature (Seal)
,I
rR\w'
Copyright O 2018 NotaryAcknowledgement.com. All Rights Reserved.
EXHIBIT A
LEGAL DESCRIPIION
I"OI1238 OF ROMOLA FARMS NO, 12, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS
SHOWN BYTHE MAP RECORDEO IN BOOK 15 OF MAPS, PAGES 77 ANO 78, RIVERSIDE COUNTY
RECORDS AND THAT PORTION OF TOT 1237 OF SAID MAP WHICH LIES SOUTHERLY OF THE
WE5TERLY PROLONGATION OF THE NORTH LINE OF LOT 1238, TOGETHER WITH THAT PORTION
OF LOT 'P' OF SAID MAP WHICH LIES SOUTHERTY OF THE WESIERTY PROLONGATION OF THE
NORTHERTY LINE OF sAID LOT 1238 AND LIES NORTHERLY OF THE WESTERLY PROLONGATION
OF THE 5OUTHERLY LINE OF SAID LOT 1238.
EXCEPTING THEREFROM ALL WATER OR INTREsT IN WATER AS RESERVED BY TEMESCAT WATER
COMPANY, A CORPORATION IN THE DOCUMENT RECORDED APRIL 23, 1928 IN BOOK 760, PAGE
221 OF D€EDs.
APNS: 331-080-007 ANO 331-080-009 AND 331-080-010 AND 331-080-011AND 331-o8o-012
EXCEPTING THEREFROM ALL WATER OR INTREST IN WATER AS RESERVED BY TEMESCAT WATER
COMPANY, A CORPORATION IN THE DOCUMENT RECORDED APRII. 23, 1928 IN BOOK 750, PAGE
221 OF DEEDS.
APNS:331-080{24 AND 331-080-025 AND 331-080-027 AND 331-080-028
PARCEI.S 1, 2, 3 AND 4 AND TETTERED TOTS C, D ANO E OF PARCEL MAP NO, 15194, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY THE MAP ON FII.E IN BOOK 86 OF
PARCEL MAPS, PAGE 2, RECORDS OF RIVERSID€ COUNTY.
EXCEPTING THEREFROM ALL WATER OR INIREST IN WATER AS RESERVED BY TEMESCAL WATER
COMPANY, A CORPORATION IN THE DOCUMENT RECORDED APRIT 23, 1928 IN BOOK 760, PAGE
221 0F DEEOS.
APNS: 331-080-018 AND 331-080-019 AND 331-080-020 AN0 331-080-021
PARCELS 1, 2, 3, 4, A, B, C AND D OF PARCEL MAP 13723, IN THE COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS PER MAP FILED IN BOOK 55 PAGES 33 AND 34 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ALL WATER OR INTREST IN WATER A5 RESERVEO BY TEMESCAL WATER
COMPANY, A CORPORATION IN THE DOCUMENT RECORDED APRIT 23, 1928 IN BOOK 760, PAGE
221 0F DEEoS.
APNS: 331-080{rc5 AND 331-080-006
toTs 1240, 1241, 1247, t24a AND 1249 0F ROMOLA FARMS NO. 12, tN THE COUNTY OF
RIVERSIDE, STATE OF CAI.IFORNIA, A5 SHOWN BY THE MAP RECORDEO IN BOOK 15 OF MAPS
PAGES 77 AND 78, RIVER5IDE COUNTY RECORDS.
APN:331-080-008
tOT 1239 OF ROMOLA FARI\4S NO. 12, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS
PER MAP RECORDED IN BOOK 15, PAGES 77-78 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
EXCEPTING THEREFROM ALL WATER OR INTREST IN WATER AS RESERVED BY TEMESCAL WATER
COMPANY, A CORPORATION IN THE DOCUMENT RECORDED APRIT 23, 1928 IN BOOK 760, PAGE
221 OF DEEDs.
EXHIE'IT B
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