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2012/09/11 Agreement Menifee Partners - PM 35625 - Covenant and agreementRECORDING REQUESTED BY AND MAIL TO: CITY OF MENIFEE 29714 Haun Road Menifee, California 92586 DOC # 2012-0433481 09/11/2012 04:08P Fee:NC Page 1 of 10 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County & Recorder IIIII IIIIIII IIIII III IIII Clerk111111111 III IIIII IIII IIII 602 S R U I PAGE SIZE DA MISC LONG RFD COPY ID M A L 1 465 426 1 PCOR NCORESMMF tt� UNI - U—J$ T: SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE COVENANT AND AGREEMENT This COVENANT AND AGREEMENT is made this —N—day of 2012 by Menifee Partners, LP and approved by the City of Menifee, a C iforniaY a Municipal Corporation. Menifee Partners, LP (hereinafter Owner) is the owner of the real property located in the City of Menifee, County of Riverside, State of California, that is located and known by the following APNs 384-180-03, 384-180-03, 384-180- 040, 384-180-041, 384-180-042 as more particularly described on Exhibit A and shown on Exhibit B attached hereto and incorporated herein (hereinafter "Property"). 2. Owner hereby agrees and covenants with the City of Menifee that Owner shall remove the monument sign that is located within the Scott Road right of way dedication upon written request by the City of Menifee (hereinafter "City"). The removal of the monument shall be completed within 14 days of notice by the City. Owner, at its sole cost and expense, shall relocate the sign south to its ultimate location as shown on Exhibit C, attached hereto and incorporated herein. Should Owner fail to timely remove the monument sign, Owner hereby authorizes City to remove the monument sign. City shall be entitled to the costs of the removal and Owner hereby authorizes said reimbursement of City's costs from the cash deposited with the City in the amount of $7500.00 (Seven Thousand Five Hundred Dollars and No Cents). 4. Whatever rights and obligations were acquired by the City with respect to the rights -of -way shall remain and continue in full force and effect and shall in no way be affected by the City's grant of permission to construct and maintain the monument sign. 5. The Owner, and his successors in interest, agree to defend, indemnify and hold harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by the performance or attempted performance of the provisions hereof, or in any way arising out of this agreement, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the Owner or of agents, employees or independent contractors directly responsible to the Owner; providing further that the foregoing obligations to defend, indemnity and hold harmless shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the Owner, the Owner's agents, employees, or independent contractor and the City, its agents, employees or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require the Owner to indemnify the City against any responsibility or liability as may be caused by the sole negligence or willful misconduct of City or its officers, agents, employees or independent contractors. In the event the Owner, his heirs, assigns or, successors in interest, shall fail to perform any obligation hereunder, they hereby agree to pay all costs and expenses incurred by City in securing performance of such obligation, including reasonable attorney's fees. This covenant and agreement shall run with the land and shall be binding upon any future owners, encumbrancers, their successors, heirs or assigns and shall continue in effect until the City approves its termination. 8. Invalidation of any one of the restrictions contained herein by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 9. The undersigned Owner requests that this covenant and agreement be recorded in the office of the Riverside County Recorder. IN WITNESS WHEREOF, the Owner has executed this agreement as of the day and year first above written. OWNER SIG 7Re,�,-n� PRINT NAME VY trco 19o21r'`,,,T 111 II 1111 II III II III 1 II III �G z�i Le f ;4Re8P City Engineer Signat re Print Name 7 a 4 moo/ Date 11111111111111111111111111111111111111111111111111111111III �y. �13 f 10 ©4�©BP EXHIBIT A LOT "A" OF PARCEL MAP NO.35625 BEING A DIVISION OF A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 22, T. E S., R. 3 W., S.B.M. AND PARCELS 1 AND 3, OF PARCEL MAP NO. 8348 PER MAP FILED IN BOOK 33, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. I III IIIIIIII II IIIIIIIIIIIIIIIIII III IIIII IIII IN©9 2014H © 2©8nPP meas.aeum u�o.� urn tll a�n�J i, lnnRf un0.Ne �mvwayx �Y+w9 Lwf® �NeMmi®a^r¢¢2nv/wueu®urmRW ww,rt ieMNai muvAln4xmux�xmmv0.wcemmwm�e,s �IOm _®y—�m�gu`�n�mw�r.em¢¢meu, wrx Ow[.a®1 om¢mi � EXHIBIT B �x wE arc a x[xxic awxtt a Mw90E, sErt a cunaaia PARCEL MAP NO. 35625 �r a x ranw a mEas xr�r a x ixawus aunEa or wY`w nrvrx'm w eoa"x ai i��'m w— mss wsME u"seF°"`a ra ioAm° .mr wsmm. Ls vn rasa eroxaxrw. we wr m 1aHe9_�S mmix ammgma�u mar imwnv. vrn F n 0 S aL I5.. R SW. HillIII 11111111 pyr �i5 ©f`f19RpaF 51 0 EXHIBIT B IN TIE aW OF MENIFEE, COUNTY OF RIMVOF, STATE OF CALIFORNIA, a1EET 3 CP X 5NEE15 PARCEL MAP NO. 35625 MN4 A CPA2ON Q A Pd M 0 TIE EAST NAIF a M NERINEA$T WARNR a PER MAP 6, R. 3 F/., FAN. ANC PA.SEEIS 1 ANI 3, OF PNOE MAP X0. 83b PER NAP fI1EX IN 8WN JJ. PAW IT OF P M MAPS I. TIE CRIB C£ TIE MIMtt flEWflOER O' FAID tlXINtt. SRRT L YSELICN, L.S. 9H7 NSGCE ENgNEERWG WC. MAY 2007 PARCH ME FEE 8ff! 1 PoR BOUDIIIR ML®OF 11Rg4 YCMAE31f Alp9FF£y0R81M]FA m wgszaa SCOTT �� _ ROAD y 8 — — — AN m LOT •a• m Isa'vM.o- r — PARCEL 2 PAM.E4.3 I PARCEL 1 4 < I A.1�W 3r— s ^ I <' FT pp xxwN: r � I wuaec scut • • W. PAREL3 C 23 M zuf PARCEL3 Di P ___ 4 ---- V E.M. j SEEfiNEEF9FORCETAILs 1P PRRCEL 4`w' M PNKELI iR w � i IL I I I — ,I - 1 1 �frtAAV I ✓�ld� �a;ri,w 5% PARaz I o 83 �I lol I `T I o PARCEL PARCEL MAP 0348 rwj I e —MAC w l 2 P.M6 33117 I < I INJ PAREI.a na I ��pp ffRR INN tlR LOT PARR9 9, LDNA x�OA➢ n An — — t r— IAI]Oi P11Y'81 PARRF PARCELRMGPI O. �fiiFT I ] MC. 22, T. 6 S, R. 2 W. SCNEOULE E iiIII IIIIIIIIIIII�III III1� III �g2012©4it) EXHIBIT C I r SIGN IIIII11111II Hill lill III �g 10t f 1Qa�pF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / County of IS 0n, 5 )/,Cf' ) On Date personally appeared JULIE WOODRUFF Commission # 1939215 i a llotary Public - California iZSan Diego County My Comm. Expires May 30, 2015 CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the personA whose name(b) is/,*re subscribed to the within instrument and acknowledged to me that he/shgRhdy executed the same in his/nornpir authorized capacity(ies), and that by his/F er/thejr signature(s) on the instrument the persorl,(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. WITNESS my hand and official seal. Signature Place Notary Seal Above / OPTIONAL /- Signature of Notary Publi� Y/ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: a Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signerls Representing: u Lulu National Notary Association - NatlonalNotar,erg • 1-800-US NOTARY (1-800-876-6827) Item #5907 II II I I II II I I I I II 11111111 II nel 1 /21 Ge, f in 2 64: OOP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County off Ony�Dat personally appeared JULIE WOODRUFF < aCommission # 1939215 Notary Public - California izSan Diego County My Comm. Expires May 30, 2015 Place Notary Seal Above CIVIL CODE 1111189 who proved to me on the basis of satisfactory evidence to be the person(d) whose name(s') is/arr, subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h r/thaC authorized capacity(ies), and that by his/her/thesIr signature(e) on the instrument the person(o, or the entity upon behalf of which the persons) 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. WITNESS my hand and official seal. Signature: 4" &�� OPTIONAL Signature of Notary PtN Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc ent 1 Title or Type of Document .&.0Qn! Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 2010 National Notary Association • NationalNotary.org 1-800-US NOTARY (1-800-876-6827) Item #5907 II II I I II II I I I I II III III A911lt'r� � �481 gUSP