2021/06/22 Agreement Water Quality Management Plan and Stormwater Best Management Practices Operation, Trasfer, Maintenance and Right of Entry AgreementDOC # 2021-0375453
OGl22l2O21 '12:21 PM Fees: S0 O0
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Reco.ded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-RecorderRECORDING REQUESTED BY:
CIry OF MENIFEE "This document was electronically submitled
lo lhe Counly of Riverside for recording"
ReceLpted by: K|YOlvl #289
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
CIry CLERK
29844 HAUN ROAD
MENIFEE. CA 92586.6540
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE AND
PROJECT NAME:DEL ORO - SOUTH
PROPERTY OITYNER NAME: FORESTAR (USA)REAL ESTATE GROUP. INC
PROPERTY ADDRESS: 2221 E LAMAR BLVD, SUITE 790.
ARLINGTON , TX 76006
APN:37 2-040-043. 37 2-040-044
THIS AGREEMENT is made and entered into in
MENIFEE , California, this 1ST day of JUNE, 2921, by and between
FORESTAR (USA) REAL ESTATE GROUP. lNC., herein after refened to as ''Owner". and
the ry_8.LMEN!EEE, 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 stormwaler 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 Permit;
WATER QUALITY MANAGEMENT PLAN ANO STORMWATER BEST
RIGHT OF ENTRY AGREEMENT
WHEREAS, the Owner owns real properly ("Property) in the City of Menifee, County of
Riverside. State of California, more sp€cifically described in Exhibit "A' and depicted in
Exhibit "8", each of which exhibits is attached herelo and incorporaled herein by this
reference;
WHEREAS, at the time of initial approval o, the development project known as: DEL ORO -
SOUTH, within the Property described herein, the City required lhe project to employ Best
Management Praclices, hereinafter referred to as "BMPS," to minimize pollutants in urban
runoff,
WHEREAS, the Owner has chosen to implement BMPS as described in the Water Ouality
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 BMPS, with installation and/or implementation on private property and
draining only private property, are parl of a private facility with all maintenance or
replacement, therefore, the sole responsibility of the Owner in accordance with the tems 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 of all BMPS in the WQMP and that, furthermore, such maintenance activity will
require compliance with all Local, State, or Federal larrrs and regulations, including those
pertaining to confined space and waste disposal methods, in etfecl at the time such
maintenance occurs;
NOW THEREFORE, it is mutually stipulated and agreed as follows
Rioht 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 nolice, for the purpose of inspection, sampling, testing of the
Oevice, and in case of emergency to direct all necessary repairs or olher preventalive
measures at owner's expense in accordance with the procedures set forth in
paragraph 3 below. City shall make every effort at limes 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 diligentty to implement BMPs in a manner assuring p 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.
Citv Maintena nce at Owner's Exoense ln the event Owner, or ils successors or
assigns, fails lo accomplish the necessary maintenance contemplated by this
Agreement. the City may cause such maintenance to be conducted on Owner's
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DOC #2O21-O37 5453 Page 2 of7
WHEREAS, said WQMP has been certified by the Owner and reviewed and accepted by the
City.
WHEREAS, at the time of initial approval of the development project known as: DEL ORO -
SOUTH, 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
ru noff;
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 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
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;
Rioht 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 nolice, 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 times to minimize or avoid
interference with Owner's use of the Property.
2. Resoonsibilitv for Ooeration and Maintenance of BIVIPS Owner shall use its best
efforts diligently to implement BMPs in a manner assuring p 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. Citv Maintenance a t Owner's Exoense. ln 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
1
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;
NOW THEREFORE, it is mutually stipulated and agreed as follows.
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 C ity 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.
5. Recordinq: 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 oblagation 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.
7. 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.
6
9. Time of the Essence: Time is of the essence in the performance of this Agreement.
Notrce. 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 WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
IF TO CITY:
City of Menifee
29844 Haun Road
Menifee, CA 92586-6540
By ,BY
REN AD J
Title
elching, C rney
lerk
NOTARY ACKNOWLEDGEM NTS ON FOLLOWING PAGE
Manwarin
'10.
IF TO OWNER:
FORESTAR (USA) REAL ESTATE GROUP, INC
2221 E, LAMAR BLVD, SUITE 790
ARLINGTON, TX 76006
CITY:
Armando G. Villa,
City Manager
APPROVED AS TO FORM:
ATTEST:
STATE OF TEXAS
COUNTY OI.'lMy-
Thc forcgoing instrument was acknowledgcd before me tnrs .l aav ot )I,<-y-e- zoLl
by Wt"OgtJ Dornutr^ ln restar (USA) Real Estate
Croup Inc.
i:l'ffi
',ifli:#j
a^d
Notary Pub
PrintedName: Cr6ffp
My Commission Expires:
$O\JNt
1- lo-Loz3
EIIHIEIIS
lLeoal Desciolionl
BEING A SUBDIVISION OF PARCELS 3 AND 4 TOGETHER WTH LETTERED LOTS B,
E, F, H, J AND A PORTION OF LOT I OF PARCEL MAP NO. 13757 AS SHOW\I BY
MAP FILED IN BOOK 93 AT PAGE 34 OF PARCEL MAPS, RECORDS OF RIVERSIDE
COUNry, LOCATED IN THE COUNW OF RIVERSIDE, STATE OF CALIFORNIA,
LYING WTHIN THE N. 1/2 OF THE N.E. 1/4, OF THE N.W. 1/4 OF SECTION 1 1, T.6 S.,
R. 3 W., S.B.M.
Coo
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OAHONLLA
BMP-6
MODULAR
WETLANDS
BMP.5
MODULAR
WETLANOS
BMP.2
MODULAR
WETLANDS
BMP-1
SAND FILTER
oa
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- ]]EATHIR CREEN WAY -
LtGIND
PROPOSED STORM DRAIN
PROPSTD BIVP
DNI A BOU\DARY
PROJECT BOU NDARY
SCALE: 1"=180'
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EXHIBIT ''B"
DEL ORO - SOUTH
PERMANENT BMPs
OPERATION AND MAINTENANCE AGREEM ENT1of1
Bl\tlP-4
MODULAR
WETLANBS