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2020/09/24 Agreement Water Quality Management - TR 32102-19t24t2020 Batch 7641 470 Confirmation RECORDING REQUESTED BY: CITY OF MENIFEE DOC # 2020-0455227 Ogl24l2O2O 02:29 PM Fees: $0.00 Page 1 ot 7 Recorded in Official Records County of Riverside Peter Aldana Assessor-Cou nty Clerk-Recorder .'This document was electronically submitted to the County of Riverside for recording'" Receipted by ALEJANDRA #1032 AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CIry CLERK 29714 HAUN ROAD MENIFEE, CA 92586-6il0 SPACE ABOVE THIS LINE FOR RECORDER'S USE WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEM ENT PRACTICES OPE RATION. TRANSFER. MAINTENAN C E AN D RIGHT OF ENTRY AGREEMENT PROJECT IIIAME:Menifee Village Tract 32102-1 PROPERW ADDRESS:3200 Guastl Road Suite 1 00 A;}N 340-050-034 340-050-032 THIS AGREEMENT is made and entereci irrto in (^ /v 77t71 1 6t California, tnis Z4 of 4*iu1r 2C2 L/,bv ar,ci between.--)Dt+ttara ner"eir': after ret'erred to as "O',vner", ar'!C the CiT'/ OF MENIFEE, a municipal corporation, located in the Courrty of Rlverside, State of Ca:ifornia hereinafler,'eferred to as "CITY'; \ldl'IEREAS, the City is a Co-Permittee for discnarging stormwater fron its MS4 facilities pr.rrsuant to the Santa A'ra Regicnal Water Quality C.:r:irol Board Orde:' No. F.8-201G0033, lil.S4 NPDES Perrnit No. CAS 618C33. under the te;rns of the perrnit ttre City is required to enfoi'r.'.e tne provisions oi' .hs parrnit within :ts;urisciction. The requirements contained in this agreemei',t are intended ro achieve tne goals oi tire L.!S4 permit; https ://gs.secure-record ing. com/Batch/Confi rm alion 17 64 1 47 0 1t4 PROPERTY OWNER NAME: Diamond Erothers Five Partnership Ontario, CA 91761 9t24t2020 Balch 7 641 47 0 Confi rmation DOC #2020-0455227 Page 2 of 7 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 "8", each of which exhibits is attached hereto and incorporated herein by this reference; WHEREAS, at the time of initial approval of development project known as Tract32102-1 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 runoff; WHEREAS, the Owner has chosen to install andlor implement BMPs as described in the Water Quality Management Plan, on file with the City, hereinafler 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 sedimenl 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, State, or Federal laws and regulations, including those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs; NOW THEREFORE, it is mutually stipulated and agreed as follows: Riqht 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 notice, 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 all times to minimize or avoid interference with Owner's use of the Property. 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 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. City Maintenance at Owner's Exoense: ln the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this 2. 3. https ://gs.secu re-record ing. com/Batch/Confi rmalion 17 64 1 47 0 214 1. 4 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 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. 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 BIttlPs 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.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 willfully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. 6.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 sirall constitute covenants that run with said Property and constitute a lien there against. Bindinq on Successors: The obiigations 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. 7 B 9. Time of the_ESse.nce: 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. lN WTNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. IF TO CITY:!F TO OWNER: Diamond Brothers Five PartnershipCity of Menifee 29714 Haun Road 3200 Guasti Road Suite 100 Menifee, CA 92586-6540 CITY: Armando . Villa, City Manager l- APPROVED AS TO FORM: OWNER: T , City Attorney By ATTEST: NAME Title It/anwaring,Clerk P E NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE Ontario, CA 91761 ACKNOWLEDGMENT State of California County of Los Angeles ) on og /?€/zouo before me,Sean Rojas "Notary Public" (insert name and title of the officer) personally appeared -l/.1 who proved to me on the of satisfactory evidence be the whose name($ is/ar€ subscribed to the within instrument and acknowledged to me that he/stfelthef executed the same in his/hCrlthdir authorized capacity(ips), and that by his/hdrltfeir signature(fl on the instrument the person(d), or the entity upon behalf of which the person(f) acted, executed the instrument. I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and conect. WTNESS my hand and officialseal e--- Signature (Seal) A notary public or other officer 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 valid of that document. EXHIBIT A (Leoal Descriptionl TR 32102-1 BEING A PORTION OiJ PARCEL ATOGETHER WITH A PORTION OF PARCEL B OF LOT LINE ADJUSTMENT 05221RECORDED NOVE]VBER 26, 2OOB AS INSTRUMENT NO. 2OOB- 0627851OF OFFICIAL RECORDS OR RIVERSIDE COUNTY, STATE OF CALIFORNIA. LOCATED IN SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B,M. t- u 0t 6 I 9f I9C I8t t/.1 I Z It,Z' 's'0 0il \! s .(a / ,/,0 6il,001:,,1 :]IVJSmiM / 's'0 gil 's'0 qfl 's'0 gtt s'0 lil L.ZOLZT I)VAI 5 II 6l T-( Enix ra m n-lL Ira$ /.e Is0 ? K l-- t_ I d.o s'0 trl <) H $ t l8r Avtyt G{ Ih E F I ilgtHXl l^lg I I I I I