2023/05/10 Agreement Water Quality Management Plan and Stormwater Best Management Practices Operation, Transfer, Maintenance and Right of Entry Agreement - The Boulders - 29986 Berea Road APN: 339-200-080RECORDING REQUESTED BY:
CITY OF MENIFEE
DOC # 2023-{t134311
OSl1Ol2O23 04:27 PM Fees: $0.00
Page 1 of 10
Recorded rn Officral Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
"Thls document was eleckonically submtted
to the County of Rrverside for recording"
Recerpted by MAR A VICTORIA #411
AND WHEN RECORDED MAIL TO:
CITY OF IVENIFEE
CITY CLERK
298/14 HAUN ROAD
MENTFEE, CA 92586-6510
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MANAGEMENT PRACTICES OPERATION. TRANSFER. MAINTENANCE AND
RIGHT OF ENTRY AGREEMENT
THE BOULDERSPROJECT NAME:
PROPERW OWNER NAME:
PROPERTY ADDRESS:
BOULDERS MENIFEE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
29986 BEREA ROAD
MENIFEE, CA 92584
APN:339-200-080
THIS AGREEMENT is made and entered into in
SAN OIEGO, CA
, catitornia, tnis---6{- oay ot
cr , 20 Zj, by and between
BOULDERS MENIFEE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
h9r9in afler
referred to as "Owne/, and the CITY OF MENIFEE, a municipal corporation, located in the
County of Riverside, Stale of California hereinafter referred to as 'CITY-;
WHEREAS, the City is a Co-Permittee for discharging stormwater from its MS4 facilities
pursuant to the Santa Ana Regional Water Ouality Conkol 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 p€rmit within its jurisdiction. The requirements contained in this
agreement are intended to achieve the goals of the MS4 permit;
DOC #2023-01343'11 Page 2 of 10
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:
WHEREAS, at the time of initial approval of development prorect known as:
THE BOULDERS within the Property
described herein, lhe 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 and/or implement BMPS as described in the
Water Quality Management Plan, on llle with the City, hereinafter relened 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 accordan@ with the terms of
this Agreement;
WHEREAS, the Owner is aware that periodic and continuous maintenance, including, but not
necessarily limited to, fitter material replacement and sediment removal, is required to assure
peak performance of all BlvlPs in the WOMP 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
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 notace, 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 owneds 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.
Resoonsibililv 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) Irom 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 at Owner's ExDense: ln the event Owner, or its successors ot
1
assigns, fails to accomplish the necessary maintenance contemplated by this
2.
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.
4. Surety 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.
rd in o:This agreement shall be recorded in the Office of the Recorder of5. Reco
7
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 will fully 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 shall constitute covenants that run with said Property and constitute a lien
there against.
Bindinq 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.
8
o Time of th Essence: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 effectrve upon receipt, or seventy-two (72)
hours after deposit in the U.S. lilail, 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
CIIf-i
By
Armando G ViII
City Manager
APEBAYEDJSJO-ECIBU:
Melching, Ci
IF TO OWNER:
BOULDERS MENIFEE LLC, A CALIFORNIA
LIMITED LIABILIry COMPANY
15916 Bernado Center Drive
San Diego, C492177
By RICHARD WILSON
NAIVE
MANAGING PARTNERTitle
\tttw,
A}TNEB;
See Attached
Certificate
Dared qlultas
By:
A]lEsL.
NAME
Title:
Stephanie Roseen, Acting City Clerk
NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE
AWNEE;
CALIFORNIA JURAT GOVERNMENT CODE q 8202
3^"t flie 0
A notary public or other officer completing this certiricate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.
State of California
County of
Subscribed and sworn to (or affirmed) before me on
( dl^
Month
zoL),ay
Yeor
DIANE
19155
this day of4Dote
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proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
Signature
Ploce Notory Seol ond/ot Stomp Above
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Completing this infomotion con deler olterotion of the document or
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A notary public or other officer completing this cenificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
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on /k;l w,?or-g before me,Pbwu Qt nuc Aaw-s Na.nat /uat',c
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personally appeared (l;ol*a O
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LUilsan
plA Name(s) of Signe(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/hernheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALry OF PEBJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
DIANE4'191 6 5
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Signature +1fu4s
d.s Sig;ffir" .t N"t",y P"bll"
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Place Notary Seal Above
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Title or Type of Document:
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Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
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fl Partner - I Limited Ll General
t l lndividual I ]Attorney in Fact
E Trustee I Guardian or Conservator
LPartner - n Limited ! General
n lndividual tr Attorney in Fact
I lTrustee I Guardian or Conservatort Other:ll Other:
Signer ls Flepresenting:Signer ls Representing:
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Description of Attached Document
Signer's Name:
EXHIEIII
(Lecalosssrielie/,)
Order No.: 001 79796-002-KAH-JSS
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, IN THE COUNTY OF
RIVERSIDE. STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF
THE SOUTH HALF OF SECTION 32, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNTA, ACCORDING TO THE
OFFICIAL PLAT THEREOF.
APN 339-200-080-5
This page is onty a part of a 202'l ALTA Commilment for Tille lnsurance issued by Chicago Title lnsurance Company. This Commitmenl is nol
vatid wilhout the Nolice; the Commitmenl lo Issue Policy: the Commilment Conditions: Schedule A; Schedule B, Parl l-Requirements; and
Schedute B, Part ll-Exceplions; and a counter-signalure by lhe Company or its issuing agent that may be in eleclronic form.
71C1708 ALTA Commitment for Title I Effective 7-1-21 e2
Copyrtght @202{ Amerlcan Land Tltle A33oclatlon. All rlghts ros6wod. The use of lhis Form is reskicled to ALTA licensees
and ALiA memberg in good standing as of the dale of use. All other uses are prohibiled. Reprinted under Iicense from the
American Land Title Association.'&
EXCEPT THOSE PORTIONS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEEDS RECORDED APRIL
9, 1903 IN BOOK 154 PAGE 274 OF DEEDS, RECORDS OF RIVERSIDE COUNry, CALIFORNIA, AND
RECORDED SEPTEMBER 27, .I950 AS INSTRUMENT NO.3428. IN BOOK 1207 PAGE 269 OF OFFICIAL
RECORDS OF RIVERSIDE COUNfi, CALIFORNIA.
EXHIEILE(Map/lllustrationl
DRAINAGE EASEMENT
TO SALT CREEK
EXISTING PL
F- NEW PL PER DED22-016
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uJdl 9.92 ACRES M/L IN POR SE 1/4 OF SEC
32 T5S R3W FOR TOTAL DESCRIPTION
SEE ASSESSORS MAPS
APN 339-200-080
A
N
A
CAS LE
0100 50
( FEEr )I INCH = 100 FT.
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=ul 0.01 ACRES rN TR 31393
LOT 108 MB 436/078
APN 358-090-049
NOR['ANDY ROAD
DAVIO EVANSenoAS8OClATEa rxo.
17542 17lh Stregr Surte 150
Tuslif, Califomia 92780-1947
Phoner 714.665.4501
BOULDERS MENIFEE
..EXHIBIT B"
DSGN:
DRWN RDKC
APVD
DATE: 04-04-23
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