2020/01/27 Agreement Water Quality Management Plan - Right of Entry AgreementDOC # 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,
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STORMIRAP
APN: 538-170-028
PARCEL 2
PARCTL MAP 57103
A DDRtSS:
26900 NEWPORT ROAO
MENIFET, CA 92584
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