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2014/12/19 Agreement CFD & Covenants - Newport Towne Square - LLA 13-004RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Menifee 29714 Haun Road Menifee, California Attention: City Clerk DOC N a0M4-04SGS33 12/19/2014 Customer Cou Label The paper to which is label is affixed has not been compared with the filed/recorded document Larry W Ward County o Riverside Assessor, County Clerk & Recorder (Space above for Recorder's Use) EXEMPT FROM FILING FEES GOVERNMENT CODE J 6103 AGREEMENT REGARDING A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR PARCEL B OF LOT LINE ADJUSTMENT 13-004 between THE CITY OF MENIFEE Public Agency NEWPORT TOWNE SQUARE, LLC Developer AGREEMENT Parties and Date. This Agreement is entered into as of this October 15, 2014, by and between the City of Menifee, a municipal corporation (hereinafter referred to as "City") and, Newport Town Square, LLC, a California Limited Liability Company, with its principal place of business at 5051 Avenida Encinas, Carlsbad, CA 92018 (hereinafter referred to as "Developer"). Recitals. 2.1 Developer has submitted to the City for its approval, Plot Plan 2013-042, a proposed development of the property located on the north side of Newport Road, and west of Haun Road in the City of Menifee. The property is more specifically described as Parcel B of Lot Line Adjustment No. LLA 13-004 recorded January 31, 2014 as Document No. 2014-0044597 of Official Records of Riverside County (hereinafter referred to as "Parcel B"). All property located within Parcel B is as legally described in Exhibit "A" attached hereto and incorporated by reference. 2.2 On or about November 12, 2013, the Planning Commission of the City of Menifee (hereinafter referred to as "Commission") adopted Resolution PC 13-155 wherein the Commission approved Plot Plan 2013-042 subject to satisfactory completion of the Conditions of Approval for the development of Parcel B. Pursuantto Conditions of Approval Nos. 143 and 145, the Developer is required prior to the issuance of Certificate of Occupancy, to annex to a Citywide Landscape and Lighting Maintenance District (hereinafter referred to as "Citywide Maintenance District') for the maintenance of traffic signals, street lights, common landscape and Best Management Practices within public right of way. 2.3 Developer and City desire to enter into this Agreement for the purpose of complying with Conditions of Approval Nos. 143 and 145 pursuant to Resolution PC 13-155. Although timing prevents the Developer from agreeing to the express terms of Conditions of Approval in Recital 2.2 above, it is willing to agree that all property located in Parcel B will be included within an established and recorded Citywide Maintenance District prior to any sale, transfer or other conveyance of any kind of property located within Parcel B. 2.4 This Agreement is made in consideration of the approval of Plot Plan 2013-042 pursuant to Resolution PC 13-155. 3. Terms, 3.1 Petition. As owner of all property located within Parcel B, Developer shall sign a petition to annex Parcel B to an established and recorded Citywide Maintenance District. Developer shall sign such petition upon the request of the City at no cost, expense or other obligation of the City. 3.2 Fair Share of Costs. Developer shall pay its fair share of all costs necessary for the annexation of Parcel B into the Citywide Maintenance District. Such costs shall include, but shall not be limited to, all administrative, publication, engineering and legal costs and fees of any CFD Agreement with —Newport Town Square, LLC. kind related to the annexation of Parcel B into the Citywide Maintenance District. 3.3 Inclusion. Developer understands, acknowledges and agrees that it shall not be authorized to sell, transfer or in any other manner convey any of the property located within Parcel B prior to the inclusion of all property located in Parcel B in the Citywide Maintenance District which is currently in the process of formation pursuant to all requirements of state and local laws, rules and regulations. 3.4 Indemnification. Developer and the City shall mutually indemnify, defend and hold each other and their officials, officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and costs), Injuries to persons or property (including wrongful death) in any manner arising out of or incident to each other's own negligent acts, omissions or willful misconduct relating to this Agreement. 3.5 Amendment. The terms and conditions of this Agreement may be altered, changed or amended only by written agreement of the parties hereto. 3.6 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. City: City of Menifee 29714 Haun Road Menifee, California 92586 Attn: City Clerk Developer: Newport Town Square, LLC 5051 Avenida Encinas Carlsbad, CA 92018 Attn: James Grant 3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.8 Recordation. City shall cause this Agreement to be recorded with the Riverside County Recorders Office. 3.9 Covenant Running With the Land. The parties intend that the benefits and burdens described herein constitute covenants running with Parcel B for the benefit of the Developer's property located within Parcel B. 3.10 Attorney's Fees. Should either party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs of suit. CFD Agreement with — Newport Town Square, LLC. 3.11 Governing Law. This Agreement shall be governed by the laws of the State of California. Venueshall be in Riverside County. 3.12 Headings. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision. 3.13 Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. Th i ie��s have executed this Agreement as of the Effective Date. CI OF I EE NEWPORT TOWN SQUARE, ScottA. Mann, Mayor Attest: n �� Kathy Bennett, City Clerk Ap 7d1 s to For / e . Melching, City AVy CFD Agreement with — Newport Town Square, LLC. -James E. Grant, Manager - 0AJ9I'_' Thomas Fu ke, Ma ager EXHIBIT "A" SEE ATTACHED LEGAL DESCRIPTION OF PARCEL B of LLA 13-004 CFD Agreement with — Newport Town Square, LLC. I EXHIBIT "A" -•' LEGAL DESCRIPTION LOT LINE ADJUSTMENT NO. LLA 13-004 PARCEL B SHEET 3 Or 5 SHEM In the City of Menifee, County of Riverside, State of California. In Section 34, Township 5 South, Range 3 West, S.B.M,; Being that portion of Parcel A of Certificate of Parcel Merger No. 1794, per document recorded August 12, 2008 as document No. 2005-441964 of Official Records, described as follows: Begtnning at the northwesterly corner of Lot A of Parcel Mop No, 22233, per map recorded in Book 187, pages 9 through 14 inclusive of Parcel Maps, records of said Riverside County; Thence North 0°3538" West along the westerly line of sold Parcel Map, a distance of 270,52feet; Thence North 89°53'43" Fast, a distance of 93.29 feet; Thence North 0°06'17" West, a distance of 21.59 Feet; Thence North 89'53'43' Fast, a distance of 249,00 feet; Thence South 0'06'17" East, a distance of 18.00 feet; Thence North 8.9°53'43" East, a distance of 33,58 feet; Thence South 0`06'17" Cost, a distance of 4.50 feet; Thence North 89'53'43" East, 28,83 feet to the beginning of a tangent curve, concave southerly and having a radius of 90.50 feet; Thence easterly along said curve, through n central angle of 13°00'04" on arc length of 20.54 feet; Thence tangent to lost said curve, South 77°06'13" Cast, a distance of 30,06 foot to the beginning of a tangent curve, concave northerly and having a radius of 90.50 feet; Thence easterly along said curve, through a central angle of 12'59'13" an arc length of 20.51 feet; Thence tangent to last sold curve, North 89°5434" East, a distance of 48.59 feet to the beginning of a tangent curve, concave northerly and having a radius of 59,50 foot; Thence easterly along said curve, through o central an of 8°22'i5° an arc length of 8.69 feet; ASSESSOR'S PARCEL. NUMBERS: 336-380-005, 006, 008, 009, 010, & 01l DATE EXHIBIT PREPARED: 1--03-2014 lil ll 1111111111111111111111 ill 111111 1 dill 1111 ill ei �0� Qi �b���- EXHIBIT "A" - LEGAL DESCRIPTION LOT LINE ADJUSTMENT NO. LLA 13-004 SHEET 4 OF 6 SHEETS Thence tangent to lost sold curve, North 81'32'19" East, a distance of 34,09 feet to the beginning of a tangent curve, concave southerly and having a radius of 60.50 feet; Thence easterly along said curve, through a central angle of 18'06'02", on arc length of 19,11 feet; Thence tangent to last sold curve, South 80'2139" East, a distance of 26,19 feet; Thence North 14'23'46" East, a distance of 17,20 feet; Thence South 75'35'14" East, a distance of 10,71 reef to a point of Intersection with the westerly line of Houn Rood, (100.00 feet wide) as shown on said Parcel Map No. 22233, said line being a non —tangent curve, concave northwesterly and having a radius of 900,00 feet, a radial line to said point bears North 75'36'14" West; Thence southerly along said curve through a central angle of 3'10'25" an arc length of 49.85 feet to the northerly line of Parcel 6 of Lot Line Adjustment No, 4185, per document recorded June 13, 2000 as Instrument No, 2000-224957 of Official Records; Thence non —tangent to lust sold curve, South 89'53'43" West'olong said northerly line, a distance of 239.53 feet to an angle point therein; Thence South 0'06'17" East along the westerly line of said Parcel 8, a distance of 224,50 feet to the northerly tine of said Lot A of Parcel Map No. 22233; Thence South 89'53'43" West along said northerly line, a distance of 372,20 feet to the Point of beginning. Containing 2,66 acres, more or less ASSESSOR'S PARCEL NUMBERS: ,336-380-005, 006, 008, 009, 010, & 011 DATE EXHIBIT PREPARED: 1-03-2014 IIfIi 111111111 1l11 111 11111 Jill 111111111111111111 Jill e1;9I ee F1 05ae�F EXHIBIT '$B" LOT LINE ADJUSTMENT NO. LLIA 13-004 rG ate. PM'Np�?2283 �0`_ PM8 167/9-14 NO'06'17"W 4150' N89'53'43"E 28.83' d8 zq:SpN � `Va PARCEL A 5 N$9'54'34"E 4859' 4.1 6 A??,275" R=59.90' L=8.69' i N$i'32'19"E 34X9' <f A-18`06'02" R=60,50` L=19.11' 7��9# N811`21'39"W 2G.19` C " '^"EI A N 34 4 QD � o° Q l$9 53 43"E sP s n�.0 d ' �A, PARCEL B Z66 AC, NET LOT A, 5,36 AC, NET SEE DETAILS SHEET F'I 1 PARCEL C 0.93 AC. NET SHEET 1 OF 2 SHEETS a ram' d� 7o4. �p 4 PARCEL PARCEL_5 50' 5D' LLA NO, 4785, DUNE 13,2000 INST. NO. 2000-224957 O.R. 10 N14'23'4.6'E17.20" 0 N75'304 W{R) 10,71' N67'26'06"W 51.05' wac JJ ffJ c J/G' I- s !T T A PM NO 222m, PMB 1,87/s-14 ° NEWPORT ROAD A: LEGEND: _ a -INDICATES NEW ADJUSTED LOT LINEa L' — ._INDICATES LOT LINE TO BE ELIMINATED -- INDICATES EXISTING LOT LINES TO REMAIN 7k _ — -INDICATES STREET CENTERUNC Le ",7U NOTCS PxP. p-3fl•a4� �� THE PROPOSED LOT LINE WILL NOT LATERALLY INTERSECT A GRADED. MANUFACTURED SLOPE NO DRAINAGE FROM THE TRIBUTARY ABOVE THE MANUFACTURED. SLOPE WILL SHEET FLAW OVER THE SLOPE FACE.` -`- .•" PREPARED HY 1�ER MY SCALE: I"M150' DIRE N ASSESSOR'S PARCEL NUMBERS: 336-380-005, 006, 008, D09, 010, & 011 r tiA1 SECTION 34, TOWNSHIP 5 SOUTH, RANGE 3 WE"S7 5,E,M, VATF EXH)BIT PREPARED: 1-03-2014 `- GORDON 0 EDWARDS, PIS 6678 C1119-oIa 04597 F.