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2024/03/20 Agreement Water Quality Management Plan and Stormwater Best Management Practices Operation, Transfer, Maintenance and Right of Entry Agreement3/21 /24, 9:14 AM Batch 17169866 Confirmation RECORDING REQUESTED BY: CITY OF MENIFEE AND WHEN RECORDED MAIL TO: CITY OF MENIFEE CITY CLERK 29844 HAUN ROAD MENIFEE, CA 92586-6540 DOC # 2024-0081442 03/20/2024 01:26 PM Fees: $0.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder "This document was electronically submitted to the County of Riverside for recording" Receipted by: KAREN #277 SPACE ABOVE THIS LINE FOR RECORDER'S USE WATER QUALITY MANAGEMENT PLAN AND STORMWATER BEST MANAGEMENT PRACTICES OPERATION TRANSFER, MAINTENANCE AND RIGHT OF ENTRY AGREEMENT PROJECT NAME: NEWPORT POINTE PROPERTY OWNER NAME: HIGH FLIGHT SHOPS: LLC PROPERTY ADDRESS: APN: SWC of Newport Road & Evans Road, Menifee, CA 92586 360-020-051 THIS AGREEMENT is made and entered into in �V 1ID , California, this FJ"" day of t3>?v A 2024, by and between t2 Ac r, � �-A herein after referred to as "Owner", and the CITY OF MENIFEE, a municipal corporation, located in the County of Riverside, State 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 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 jurisdiction. The requirements contained in this Agreement are intended to achieve the goals of the Permit; hftps:Hgs.secure-erds.com/Batch/Confirmation/l 7169866 1 /2 3121 /24, 9:14 AM Batch 17169866 Confirmation DOC #2024-0081442 Page 2 of 8 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 the development project known as. NCwQ.-,. p , 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 implement BMPs as described in the Water Duality Management Plan, on file with the City, hereinafter 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 sediment removal, is required to assure 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: 1. Right 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 times to minimize or avoid interference with Owner's use of the Property. Responsibility for Operation and Maintenance of BMPs: Owner shall use its best efforts diligently to implement BMPs in a manner assuring p 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. 3. City Maintenance at Owner's Expense: In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement, the City may cause such maintenance to be conducted on Owner's https://gs.secure-erds.com/Batch/Confirmation/l 7169866 2/2 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 stomwater-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. 5. Recording: 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 even of default in payment. 6. Attorney's Fees: In 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. 7. Covenant: It 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. Binding 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. 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 thereof to the other party. IN 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 CITY: By: Q�4 , � Armando G. Villa City Manager ATTEST: c.�t.Lr Stephanie Roseen, AActing City Clerk IF TO OWNER: HIGH FLIGHT SHOPS, LLC 4740 GREEN RIVER ROAD, SUITE 317 CORONA, CA 92878. OWNER: By: HIGH FLIGHT SHOPS, LLC Name: Title: jtjTAHIR SALIM-MANAGER NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE ACKNOWLEDGMENT 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 validity of that document. State of Calif r 'a County of lyt es!DL ) '� before me, 0v insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evi ence 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,.......................................... MONA LISA AGUILAR WITNESS my hand and official seal. ; COMM # 2371729 Z s _ RIVERSIDE County fin, ' California Notary Public" .....« Comm Exp Aug, 21, 2025 �'......... ..........................: Signature - :, (Seal) EXHIBIT A (Le -gal Description) THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A PORTION OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 00°15'01" WEST, 55.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°53'43" EAST A DISTANCE OF 1279.05 FEET; THENCE SOUTH 00°50'27" WEST A DISTANCE OF 44.72 FEET TO THE BEGINNING OF A TANGENT, 956.00 FOOT RADIUS CURVE CONCAVE WESTERLY. THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGEL OF 12035'29" A DISTANCE OF 210.09 FEET; THENCE TANGENT TO SAID CURVE SOUTH 12050'56" WEST A DISTANCE OF 50.00 FEET TO THE BEGINNING OF A TANGENT 1044.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02042'20" A DISTANCE OF 49.30 FEET; THENCE NON -TANGENT TO SAID CURVE SOUTH 89053'43" WEST A DISTANCE 1235.51 TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH 00015'01" EAST 350.00 FEET TO THE TRUE POINT OF BEGINNING. THE LEGAL DESCRIPTION IS PURSUANT TO LOT LINE ADJUSTMENT NO. 2769 APPROVED BY THE RIVERSIDE COUNTY PLANNING DEPARTMENT ON DECEMBER 1, 1988. EXHIBIT B (Map/illustration) 0 u) II V 0 0 Za a N_ :D Of z z W° W ZC0 H Z rn O V U Zzod Z W `D CO W Vi z Z OZ Z C a f•'r'I I I Z 9m g 6 4 14 w EI E-I W Ln J "W W SOU , M< mo �a'���--� •III Pit �� - - I \. 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