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.