Loading...
2022/10/28 Agreement Water Quality Management Plan and Stormwater Best Management Practices Operation, Transfer, Maintenance and Right of Entry Agreement APN: 3330-070-091 through 09410t28122. 3:O7 PM Batch 14910406 Confi rmalion RECORDING REQUESTED BY: CITY OF MENIFEE DOC # 2022-0447587 '1012812022 '11:00 AM Fees: $0.00 Recorded in Official Records County ol Riverside Peter Aldana Assessor-County Clerk-Recorder "This document was electronically subm ted to the County of Riverside for recording" Receipled by ELENA #448 AND WHEN RECORDEO MAL TO: CITY OF MENIFEE CITY CLERK 29844 HAUN ROAD MENIFEE, CA 92586-6540 SPACE ABOVE THIS LINE FOR RECORDER'S USE WATER OUALITY MANAGEHEI,IT PLAN AND STORiIWATER BEST RIGHT OF ENTRY AGREETIENT Ranch Self-Storaoe & Retail - Menifee. LLc 28818 McCall Blvd. Menifee cA 92585 APN:333-070-091, 33$070-092, 333-070-093 & 333-070-094 THIS AGREEMENT is made and entered inlo in Murrieta Califomia, this 22nd day of September 202 2 , by and b€tv/een Ranch SeltSto raoe & Retail - Menifee LLC herein after refened to as'Owne/, and the CITY OF MENIFEE, a municipal corpo6tjon, locat€d in the County of Rive6ido, State of Calitomia hersinafter rslorrcd to as'CITY'; WHEREAS, tha City is a CGPormittee for discharging stormwater from its MS4 facilities pursuant to the Santa Ana Regional Water Quality Control Board Ordar No. R6-2010-0033, MS4 NPDES Permit No. @1E033. Under the tems of the permit the C,ty is required to enforce the provisions of the permit within its jurisdidion. The requirBments contained in this agreement arB intlndod to achieve the goals of the MS4 Permit; PROJECT NAIIE: PROPERTY OWNER TIAITIE: PROPERTY ADORESS: Mccall Square https J/gs.secure-recording.com/Batch/Confirmation/1 491 0406 1t2 10t28t22 3 07 PM Batch 14910406 Confirmation OOC #2022-0447 587 Page 2 of 9 W}IEREAS, lhe O ner owns real property ('Property) in the City of Menifee, County of Riverside. State of Califomia, more specifically described in E)dibit 'A- and depiclod in Exhibit 'B', each ot which exhibits is attached hereto and incorporated herein by this reference: WHEREAS, at tho lime of initial approval of development projecl known as: Ranch Self-Storage & Retail - Menifee within the Proporty described herein, the Crty required the project to employ Best Management Praclices, hereinafter referred to as "BMPS," to minimize pollutants in urban runofi; WHEREAS, the O,vner has chosen to inslall and/or implement BMPS as described in the Wat6r Quality Manag6ment Plan, on fi16 with the City, hereinafier refenod to as "WQMP," to minimize pollutants in urban runoff and to minimize other adverse impacls of urban runoff; WHEREAS, said WQMP has be€n certilted by the Owner and reviewad and accepted by the City; WHEREAS, said BMPS, with installation and/or implomentation on private propedy and draining only private property, are part o{ a private facility wilh all maintenane 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 conlinuous maintenance, including, but not nacessarily limited to, filter material replacement and sediment removal, is required to assure peak performance of all BMPs in the WQMP and that, furthermore, such maintenance aclivity will require compliance with all Loc€|, State, or Federal laws and regulations, including those pertaining to confined space and waste disposal methods, in effect al the time such maintenance occurs: NOW THEREFORE, it is mutually stipulal8d and agreed as fiollol,vs B!gh!_d_A@: Owner hereby provides the City of Menifee desEnee complele access, ol any duration, to the BMPS and their immediate vicinity at any timo, upon reasonable notice, or in the event of emergency, as dsterminod by the City's Engine6r, no advance notice, fff the purpose of insp€ction, sampling, te$ing of the Device, and in case of emorgency to diGct all nec€ssary repairs or other preventative measures al owneis expense in accordance with the procedu,es set forth in paragraph 3 below. City shall make every efiort at all times to minimize or a\oiJ interferenc€ with Own6r's use of the Propeo. Resoonsibilitv for Ooeration and Maintenancs of EMPS: Own€r 3hall use its best efforts diligently to maintain all BMPS in a manner assuring p€ak performance at all times. All reasonable preeutions shall b€ exercised by Owner and Owner's representati\€ or contractor in the removal and extraction of any material(s) from the BMPS and the ultimate disposal of lhe matcrial(s) in a manner consistent with all relevanl laws and regulations in etred at the time. As may b€ requosted from tim6 to time by the City, the Owner shall povide the City with documentation identifying the material(s) removed, lh€ quantity, and disposal dcatination. Citv Maintenancs at O/vneis Exoense: ln the event Ovrner, or its successors or assigns, fails to accomplish lhe necessary maintenance contamplated by this 1 https://gs.secure-recording.com/Batch/Confirmation/1 491 0406 2t2 4 Agreement, the City may cause such maintenance lo be conducted on Owner's Property at Owne/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 Oate 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 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 constttute 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 event of default in payment. Attomev's Fees: ln event of legal aclion 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 incuned 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. Bindino on Successors: The obligations 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. E 7 9. Time of the Essence: Time is of the essence in the performance of this Agreement. 6 o &!!.gg: 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 effeclive 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 CIW:IF TO OWNER: City of Menifee Ranch Self-Storage & Retail - Menifee, LLC 29844 Haun Road 41391 Kalmia Street, Ste 200 Menifee, CA 92586 CITY:9WNEB; By:By Armando G Vi ME L. Stephenson City Manager APPROVED AS TO FORM: a I (- t/ ry By AIIEST.I NAME Title: Stephanie Roseen, Acting City Clerk NOTARY ACKNOWLEDGEMENTS ON FOLLOWNG PAGE Munieta, CA 92562 10. Title:4 OWNER: Melching, CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189 Anotary public or other officer completing this certificate verifies onlythe identity ofthe individualwho signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California O)*exc\d€ personally appeared Nome(s) of signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. @"#r#iH:;,,7 , I certify under PENALTY oF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o Partner - tr Limited El General D lndividual tr Attorney in Fact tr Trustee tr Guardian or Conservator Signature Ploce Notory Seol ond/or Stqmp Above signoture ry Public OPTIONAL Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended doc Description of Attached Document Title or Type of Document: Capacity(ies) Claimed by 5i9ner(s) Signer's Name Signer's Name: tr Corporate Officer - Titl tr Corporate Otficer - Title(s): a Partner -D lndividual tr Trustee D Limite General Attorney in Fact Guardian or Conservator tr tr o Other Signer is Representing 02O19 National Notary Association County of on *CYrayy.-r ,: L,2r'Q}berore me, ftri<-\ 6Za qnar t'.lota'vg Rrh\ir ' Dote Herc lnseft Nome ond Title of the Offcet Document Date: Signe(s) Other Than Named Above: Number of Pages:- c Other: Signer is Representing: I- : Ii--<-----,J EI(HIEIIj lLedel Descibtionl See Attached EXH IBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, IN THE COUNry OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELS 1 THROUGH 4 OF PARCEL MAP NO.37624-1 IN THE CIry OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN PER MAP RECORDED IN BOOK 248, PAGES lOOTHROUGH 103, RIVERSIDE COUNry RECORDS, JUNE 11,2020. EXCEPTING THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON THE SURFACE OF, IN, UNDER OR ACROSS TH SAME AND SUBSURFACE TO A DEPTH OF 5OO FEET MEASURED IN A VERTICAL OIRECTION FROM THE EARTH'S SURFACE OF SAID LAND FOR EXPLORATION, DEVELOPING, EXTRACTING OR REMOVING ANYOIL, GAS OR OTHER HYDROCARBON OR MINERALS FOUND THEREIN, EXEIEILE tilaDllrEtalie!) EXHIBIT ''B'' PARCEL MAP NO 37624-1 o ot uJuJ TLztU + ) LEGEND I..- PARCELBOUNDARY LOT LINE GRAPHIC SCALEo 75' 150' PARCEL.I :l PARCET BOUNOARY PARCEL ? friF I +tf --,/ BOULEVARD I - 1 50' 1" = 15O' PARCEL AnorlNr[RY \--+ a =-L+-1::- I -__L-:E ) il PARCEL BOUNDARYll Io.o totuJ(L f-, ,l' .,I r G .l @Fr-i.)-)1 t ! !_I I A L MCALL =-T-- *l# -ttE I I i ffi