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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. 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