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2023/05/23 Agreement Water Quality Management Plan (WQMP) and Stormwater best management practices operation, transfer, maintenance and right of entry agreement APN 336-380-071 Chick-fil-A 29847 Haun RoadDOC * 2023-0147201 0512312023 0'l:49 Pl\il Fees: S0.00 Page '1 of 7 Recorded in Otficial Records County of Rrverside Peter Aldana Assessor,County Clerk Recorder RECORDING REQUESTED BY: CITY OF MENIFEE "This document was electronically subm ied to the County of Rrverside for recording" Receipted by JACOUEL1NE #2386 ANO WHEN RECOROED MAIL TO: CITY OF MENIFEE CITY CLERK 29844 HAUN ROAD MENtFEE, CA 92586-6540 SPACE ABOVE THIS LINE FOR RECORDER'S USE WATER OUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES OPERATION. TRANSFER. MAINTENANCE AND RIGHT OF ENTRY AGREEMENT PROJECT NAME: PROPERTY OWNER NAME: PROPERTY ADDRESS: chack_fil-A Restaurant #5023 , wo-030s Chick-fil-A, lnc. 29847 Haun Rd Menifee CA 92586 APN:336-380-071 THIS AGREEMENT is made and entered into in _Ltr/dQ_. California,this lgr'''day of frft,-tt-, 20l.4, by and between IL c-, herein afrer referred to as "Owner", and the CITY OF MENIFEE, a municipal corporation, located in the County of Riverside. State of Califomia hereinafter refened to as "CITY", WHEREAS, the City is a Co-Perminee for discharging stormwater from its l\rs4 facilities pursuant to the Santa Ana Regional Water Quality Control 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 permit within its iurisdiction. The requirements contained in this agreement are intended to achieve the goals of the MS4 permit; DOC t2023-O1472O'l Page2 o17 WHEREAS, the Owner owns real property ("Property) an 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 devetopment project known as Chick-fi l-A Restaurant #5023 #:x:.*i "r:1""9hereinafter 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 Ouality Management Plan, on lile 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 WOMP 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 properly, are part of a private facility with all maintenance or replacement, therefore, the sole responsibility of the Owner in accordance with lhe terms of this Agreementi WHEREAS, the Owner is aware that periodic and continuous maintenance, including, but not necessarily limited to, fitler 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, State, or Federal laws and regulations. including those pertaining to conllned 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 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 lhe Device, and in case of emergency to direct all necessary repairs or other preventatave 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. 2. Responsibilitv for operation and Maintenance of BMPsr 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 contraclor 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. Citv Maintenance at Owner's Exoense: ln the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this 3 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 en 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 lhe 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 farl 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. Recordinq: 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 will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. 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. 8. 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 parl 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. t) 7 5. 9. Time of the 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 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 lhereof to the other party. lN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. IF TO CIW: City of Menifee 29844 Haun Road Menifee, CA 92586-6540 CITY: 105 Progress lrvine, CA 92618 By M Don lkeler 1119. Director, Development & Construction Bv Armando G City Manag lla, er Stephanie Roseen APPROVED AS TO FORM: OWNER:a- Jeffery elching, C Attorney By NAME Tifle: Acting City Clerk NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE IF TO OWNER: Chick-filA, lnc. ATTEST: PAGE IOF I EXHIBIT *A" RIGHT OF ENTRY (1,ECAL DESCRIPTION) PARCEL I OF PARCEL MAP NO. 38324. IN THE CITY OF MENIFEE, COLNTY OF RIVERSIDE. STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 255. PAGES 72 THROUGH 75, INCLUSIVE OF PARCEL MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. P:\ClA2l0l3\Repoft\legal descripnons\legal-righl of entry docx l,x: ['NEW HUB DHVE t- o \Nr'' 1, 1.v P.' .dv P.Y- a ? ds nI41Y 5b' ,o\' tv ao, F.'ba1(1 ,e aL "v?' C. ltvxo, dtd Civil Enqincers ond Lond Surw)/ots 1gl5 lY.0tu1qe*ood A'/e., Suile l0l, 0r@9e, CA 92E6E (/14) 9J5-0265 nnv.lruxovrcom RIGHT OF ENTRY EXHIBIT IN THE CITY OF MENIFEE oRA$t'{: CL CH(D: RJo cFA21033 EXHIBIT "B- oAIE: l-Jl-2J oATE: l-31-23 BMP CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189 A notary public or other officer completing this certificate verifies only the identity ofthe individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, Dote Here lnseft Nome on of the personally appeared None(s) ol Signer(s) who proved to me on the basis of satisfactory evidence to be the personls) whose namels)ls/are subscribed to the within instrument and acknowledged to me that [e/she/they executed the same in !:i/her/thelr authorized capacity(icsI, and that by his/her/their signaturels) on the instrument the person(ti or the entity upon behalf of which the person(€) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I ffi;;$Hi:k,WITNESS my hand and official seal. Signatur Plqce Notory Seol ond/or Stomp Above Signoture OPTIONAL tr Corporate Ofiicer - Title(s): Public O Partner - D Limited o General o lndividual o Attorney in Fact tr Trustee tr Guardian or Conservator Signer is Representing Signer is Representing 02019 National Notary Association C)Q-4-^./) Completing this informotion con deter olterotion of the document ar froudulent reattochment of this form to on unintended document. Description o, Attached Document Title or Tvoe of Document: DocumentDate: Number of Pages:- Signe(s) Other Than Named Above: Capacity(iesl Clalmed by Slgner(s) Signer's Name:Signer's Name: tr Corporate Officer - Title(s): -tr Partner - El Limited o e.n"rJ- tr lndividual o Attorney in Fact o Trustee D Guardian or Conservator tr Other:o Other: I ft MENIFEE CITY OF MENIFEE MEMORANDUM PUBTIC WORKS/ENGINEERING DEPARTMENT DATE: May 4,2023 TO:Oflice of the City Clerk Kay Vinson, Acting City Clerk FROM: Chet Robinson, PE, GE, Senior Engineer SUBJECT: WQ-0309 Chick-fiI-A Restaurant, WQMP Right of Entry Agreement a Water Quality Management Plan and Stormwater Best Management Practices Operation, Transfer, Maintenance, and Right of Entry Agreement, Chick-fi1-A Restaurant #5023. Submitted for recordation is the attached tfakr Quality Management Plan and Stormwater Best Mandgement Practices Operation, Transfer, Maintenance and Right of Entry Agreement for the Chick-fiI-A Restaurant project, at the southwest comer of Haun Road and New Hub Drive. Many projects in the City, including the subject project, are required to prepare a stormwater Water Quality Management Plan (WQMP) for their development, conforming to the requirements of the NPDES Permit that the City is bound by (Permit Order # R8-2010-0033). The City of Menifee reviews and approves WQMPs, and enforces implementation as well as long term function of the permanent Best Management Practices (BMPs) employed on projects pursuant to the Santa Ana Regional Water Quality Control Board MS4 NPDES Permit. The WQMP outlines the permanent water quality features used by the site to clean storm water runoff, and the owner's required maintenance. The submitted agreement documents the property owner's responsibility to maintain the BMPs. In the event that the property owner fails to properly maintain the BMPs, the agreement provides the City of Menifee with right access to perform the maintenance at the Owner's expense, to ensure the City is not in violation of the permit. The agreement is a standard form provided by the city to all property owners during review of WQMPs. The agreement is recorded for each project, and a copy is included in the Final WQMP.