2021/12/22 Agreement Water Quality Management Plan And Stormwater Best Management Practices Operation, Transfer, Maintenance and Right of Entry Agreement, Fleming Ranch (AKA Legado), BLC Fleming LLCDOC # 2021-07 52283
1212212021 02:54 PM Fees: $0.00
Page 1 of 8
Recorded n official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-RecorderRECORDING REOUESTED BY:
CITY OF MENIFEE
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
CITY CLERK
29844 HAUN ROAD
MENtFEE, CA 92586-0540
"This document was electronically submltted
lo the County of RiveGide for Ecording"
Receipled by ALEJANDRAT1032
SPACE ABOVE THIS LINE FOR RECORDER'S USE
WATER OUALITY MANA EMENT PLAN STORMWAT R BEST
D
RtGXt Or exrnv aGneemexr
PROJECT NAiiIE:Flemino Ranch (aka Leoado)
PROPERTY OWNER NAME: BLC Flemino LLC
PROPERTY ADDRESS:Land Rouse the ncanto
to the . Chambers to the . and Antelooe Road to
the east
APN:333-0 019 333-020-18 11 . 333-030-8o3
030-029
THIS AGREEMENT is made and entered into in
Newport Beach, California, this 24th day of November, 2021, by and between
BLC Fleming LLC, herein after referred to as "Owner", and the CITY OF MENIFEE' a
.rnicipaf
"irpot"tion,
located in the County ot Riverside, State of California hereinaffer
referred to as "CitY';
WHEREAS, the City is a co-Permittee for discharging storm\,Mater from its MS4 facilities
oursuant to the Sania Ana Regional Water Quality Control Board Order No. R8-2010-0033,
i,1Sa rupOES permit No. CAS 618033. Under the terms of the Permit the City as required to
eniorce tne provisions of i6-e Permit within its iurisdiction. The requirements contained in this
Agreement are intended to achieve the goals of the Permit;
OOC #2021-0752283 Page 2 of8
WHEREAS, the Owner owns real properly ("Property) in the Caty 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 the development project known as:
Leoado Soecific Plan, within the Property described herein, the City required the project to
employ Best Management Practices, hereinafler refeffed to as "BMPS," to minimize
pollutants in urban runotf;
WHEREAS, the Owner has chosen to implement BMPS as described in the Water euality
Management Plan, on file with the City, hereinafter referred to as "WOMP,' to minimize
pollutants in urban runoff and to minimize oth6r adverse impacts of urban runolf;
WHEREAS, said WQMP has been certified by the Owner and reviewed and accepted by the
City;
WHEREAS, said BMPS, wilh 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, liller malerial 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 occursi
NOW THEREFORE, it is mutually stipulated and agreed as fofiows:
1 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 the
Oevice, 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 al times to minimize or avoid
interference with Owner's use of the Property.
Resoonsibilitv for Ooeration 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 removat 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 effecl 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(a)
removed, the quantity, and disposal destination.
Citv Maintenance at Owner's Expense: ln the event Owner, or its successors or
assigns, fails to accomplish the necessary maintenance contemplated by lhis
Agreement, the City may cause such maintenance to be conducled on Owner,s
3
2.
4
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 seciion 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 satisfaclory to the City to guarantee the performance of the obligations stated
herein. Should lhe 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.
Recording: This Agreement shall be recorded in the Office of the Recorder of
Riverside County, California, at the expense of the Owner and shall constitule 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. Attornev's Fees. ln event of I egal 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 obl igations 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.
5
7
9. Time of th e Essence: Time is of the essence in the performance of this Agreement
10 I|gtje: Any notice to a party required or called for in this Agreement shall be served
in person, or by deposit in the U.S. tvlail, 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.
lN WTNESS 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
ATTEST:
ta anwaring,
CITY:OWNER:
By By:See attached sionature oaoe
Armango G lla,
City Manager
APPROVED4S Iq EOBi/I:
Melching,rney
City Clerk
NOTARY ACKN OWLEDGEMENTS ON FOLL OWING PAGE
IF TO OWNER:
BLC Fleminq LLC
Attn: Noah Shih
100 Bawiew Circle. Suite 240
Newoort Beach. CA 92660
Title: See attached siqnature Daqe
SIGNATURE PAGE TO
CIW OF MENIFEE
WATER QUALIW MANAGEMENT PTAN AND STORMWATER
BEST MANAGEMENT PRACTICES OPERATION, TRANSFER, MAINTENANCE
AND RIGHT OF ENTRY AGREEMENT
Project Name: Legado (aka Fleming Ranch!
Dated:tt /tt /*t
BLC FLEMING LLC,
a Delaware limited liability company
By:
By
Bristol Land Company LLC,
a Delaware limited liability company lts
Authorized Agent
John Patte rson
Its: Authorized Agent and Signatory
By
,L(
Noah Shih
Its: Authorized Agent and Signatory
A notary public or other olTicer completing this certificate verifies only the identity ofthe
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity ofthat document.
State of Califomia
SS
County of Orange
On November 24,2021, before me, Niki Kristine Mattice, Notary Public, personally
appeared John R. Patterson and Noah Shih, who proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalfofwhich the
persons acted, executed the instrument.
I certifo under PENALTY OF PERJURY under the laws of the State of Califomia
that the foregoing paragraph is true and correct.
Witness my hand and official seal
NI( XilsT[{t tl^lncE
Notdry Pubtic . C.titohia
_ Or.nle (ounty
Lommrrroo. 12469)lry Cornn. &pter Jun 21, 2Ol2
Signature ofN
Name: Niki Kristine Mattice
Commission #: 2246923
Commission expiration: June 21, 2022
(Seal)
)
)
)
THE L.\ND REFERRED TO HEREN BELO\I' IS SITI"\TED N THE CIT\'OF STN CIT\" N THE COTNT\-OF
RI\'ERSIDE. ST.{TE OF C"{LtrORNL.\. .,\ND IS DESCRIBED .\S FOLLO\\'S:
ST.\TE OF C..\IIFORTiI-{. .{S SHO\\\ BT \L\P O\ FILE N t]( X )K ]50- P.\(;t:S II THROUGH 5I. N('LIISI\E. OF
P-\RCEL NL\PS. N THE OFFICE OF THE ('OTNT1- RECORDER OF S.\ID COTNT\'
E\CEPTN{G THEREFRO\I .{IL TINDERGROTT{D \\"C,TER. STBJECT ONLY TO THE RIGHT OF THE O\\NER TO
DIG OR DRIIL UELLS .l\D T.IKI SL'C'H \\--\TER THEREFROI\I .{S NL{r BE RE.\SON.{BL\' \'E('ESS.{RY FoR
DONIESTIC' T'SE .L\D \\-.{.TERT-\G OF STOCK ON S.{ID L.\]'{D. BL-T NOT ELSE\\TIERE. .{ND FOR )iO OTHER
PLRPOSES. .\S RESERIED BY THE TEI\IESC.{I \\'.\TER ( OI\ lP.{N}' N DEED RIC ORDED J.{Ntr.\RI l.r. t9l0 N
Bu( )K ) |o. P.\a;t l:ooFDEEDS
.{PNS; 133{20-010. l3-3{3G007.333-010-008.333-03G012.313-030-01-i.3-33-O30-0ll .{ND 3-13-030-02:
P.{RCEL B:
PARCEL'.{'OF CERTIFIC.{TE OF COIIIPLL{NCE No. CO[\'I 16-001 . RECORDED I!f,{Y:6. 2016.A,S L\ISTRL,'IuEI"iT
NL'\IBER:0I6.0]I:N-II) N THE OFFIC'E OF TIIE COTNT\' REC'ORDER OF S.'\ID COLDiT\-. N THE ('IT\' OF
I\IENIFEE. COLIT\' OF RI\'ERSIDE. ST.\TE OF C'-\LIFOR\].{. .{LSO BENG THE NORTHEAST QT"{RTER OF
SECTIO\ ]]. TO\\\SHIP 5 SOTTH- R{\GE ] \\EST. S.\N BEL\-{RDNO NIERIDL{N. .IC('ORDTNG TO THE
OFFICI.\I PL.{T THEREOF. BENiG NIORE P.\RTICT1.\RLT DESCRIBED .\S FOLLO\\'S:
BEGIINTiG ^{T THE NORTHE^{ST COR\ER OF S.\ID SECTION ll: THENCE .{IONG THE E.\STERL\- LNE OF
THE NORTHE.{ST QLr.{RTER OF S.I,ID SECTION lt. SOLTTH 00'0S'15' E.{ST .{ DIST-{\CE OF 169.1 57 FEET TO
Tt{E SOLTTI{E.{ST CORNER OF THE N0RTHE.I,ST QL'.{RTER oF S.{ID SECTIoN ll: THENC'E .{loNG THE
SOLTTHERLY LhIE OF THE NORTHEAST QLT.{RTER OF S.{ID SECTION ]:. NORTH 88'.10']9'' \\EST .{
DIST.{\CE OF ]6:9,J9 FEET TO THE SOL-TH\\EST COR}iER OF THE NORTHE.\ST QL"{RTER OF S.{ID
SEC TIO)J ll: THENCE .LLONG THE \\ISTERLY LINE OF THE NORTHE.{ST QII.{RTER OF S.{D SECTIO\ l:.
NORTH OO'06'J5'' \\EST.\ DIST.{NCE OF ]6J7,18 FEET TO THE NORIH\\EST COR\ER OF THE \ORTHE.{ST
QL:.{RTER OF S.{ID SE( TION ll: THENCE .{LONG THE NORTHERLT L[\IE OF THE :'iORTHE.\ST Q['.\RTER OF
S.{ID SEC.TION ::. SOLTTH 89' I9': I" E.{ST .{ DIST.\\CE OF ]6:7,]7 FEET TO TIIE POI}iT OF BEGN']'iI}iG.
E\(.EPTDIG THEREFROI\I .\LL LNDERGROLND \\'.{TER. SI:BJEC.T O\LY TO THE RIGHT OF THE O\\NER TO
DIG OR DRILL \\TLLS .I\D T.\IiE ST'CH \\-.{TER THEREFROI\I .1S NL{\-BE REASON.\BL\- \E('ESS.{'RY FOR
DO\IESTIC L'SE .{\D \\"{TERTNG OF STOC'K ON S.\ID L.$iD. BLT NOT ELSE\\}IERE. .{\D FOR \O OTHER
PIRPOSES, .\S RESER\.ED BY THE TET\IESC..{L \\'.lTER C.O\IP.\N1' N DEED RErcRDED J.{NT..{R\. I]. I9:O t.\,I
BCX)K 5 16. P.\(iF lto ()F DEEDS
.{.PN: 3i-l-010-01I
EXHIBIT A
(Leaal Description)
P.{RCEL A:
PARCELS l. 2. l.{ND.l oF P.-\RCEL NL,\P NO. 37379. IN THE Crn- OF NIENIFEE. COUNTY OF RI\ERSIDE.
EXHIBIT B
(tvtao/tllusuation)
---.-l
lrarsrlfl l,-_
Irarol fl
NtEllnN8^9tl UA\ER
a.lAul'l
?*19 EasN
E
E
e2I2 (
lq
l5
EJ
R
L
a
I
P*16
PA.V
cdltEPctaL
---"1
P*O
**li-E 5]r
ITIIIIIIITrI
-aIIII1',319AIII'III-
\II
T
Rtc
CTNER
LLENT]I
P*m
IAER
tAtn
NAIIf
8Asltl
P*n
lt ililI
lttll
II
lllm I
ll
l!l
ll
IT
lIrIllrIlIt
r!IlI
lt
ttlt
t
ll
II ltIT
!llrIlllll
tI!IIll!l
II II
,.a
I
I
P,+2
cqfl*RvAnqt
F
TTTT
I
tt[T
TT
t-
It
lliltl
lll
illl
tr
-F tl ,ITTTT]
TTTT
lll
lI fiT LI
I
I