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.
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1.
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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 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.
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