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
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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
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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
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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.