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PC19-465RESOLUTION NO. PC 19.465 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CONDITTONAL USE PERMIT NO. 2017.226 FOR "HARVEST GLEN MARKETPLACE" LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 74 AND BRIGGS ROAD IN THE CrTy OF MENTFEE (APN'S 327-320-016 AND 019). Whereas, on August 2, 2017 the applicant, Dan Long of Rancon Group on the behalf of Briggs Highway 74, L.P., filed a formal application with the City of Menifee for Conditional Use Permit No. 2017-226 to allow for the establishment of a 4,967 sq. ft. convenience store without alcohol sales and an attached 1,102 sq. ft. quick serve restaurant, eight (8) fuel pumps under a 6,164 sq. ft. canopy and a 3,000 sq. ft. drive through car wash with outdoor vacuum stalls on 5.04 acres located at the northwest corner of Highway 74 and Briggs Road in the city of Menifee (APN'S 327-320-016 and 019). The applicant also filed applications for Plot Plan No. 2017-225 to allow a new 18,501 square foot (in total) commercial center featuring the aforementioned land uses, a 3,268 sq. ft. fast food restaurant with drive through, and Tentative Parcel Map 37380 (TPM 2017-227) to subdivide the 5.04-acre site into three (3) parcels; and Whereas, on September 11, 2019, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents, Conditional Use Permit No. 2017-226 which a hearing was publicly noticed by a publication in the Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 1,200 feet of the project boundaries, and to persons requesting public notice; and NOW, THEREFORE, BE lT RESOLVED that the Planning Commission of the City of Menifee makes the following Findings: Consistency with the General Plan. The Conditional Use Permit is consisfe nt with the General Plan Land Use Map, and applicable General Plan objectives, policies, and programs: The project site is designated Specific Plan (Menifee North Specific Plan) per the City of Menifee's General Plan. The Specific Plan designates the project site as Planning Area 238, with an underlying designation of Commercial. The proposed project, a commercial plaza with a fueling facility and car wash, is consistent with the Specific Plan General Plan land use designation as the project provides services and goods designated to serving patrons within the vicinity of the project site as well as those from surrounding communities as Highway 74 is a commercial corridor within the northerly portion of the city. ln addition, the project is consistent with the following City of Menifee General Plan policies: Section 1: Consistencv with General Plan cuP 20L7-226 Page 2 of 5 a Project Design CD-3.5 Design parking lots and structures fo be functionally and visually integrated and connected; off-street parking /ofs should not dominate the streef scene. Perimeter landscaping has been provided to visually screen the parking lot and drive aisles from surrounding roadways along both Highway 74 and Briggs Road. CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to en hance com m u nity safety. o o a The project is required to include security cameras at the entrances as well as within the property and the site has been designed to limit concealed areas to allow for greater visibility and security. Building Design CD-3.10 Employ design strategies and building materials that evoke a sense of quality and permanence. The project includes quality architectural features, including corniced parapet elements, decorative lighting, stacked ledgestone pillars and wainscoting, cedar stained wood framing and corbels, painted metal awnings over aluminum framed glazing, stucco and traditional lap siding fagade accented with vertical and horizontal wall and plane changes and a varied paint palette. CD-3.14 Provide variations in color, texture, materials, articulation,and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. a The architecture of the project incorporates varied colors, recesses, material changes, varied roof lines, wall plane changes, accent materials, and other architectural treatments that break up wall areas to avoid any long expanses of blank, monotonous walls. Enhanced Landscape Corridors CD-4.2 Design new and, when necessary, retrofit existing sfreefs fo improve walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sideyyalks, sfre et trees, parkways, curbs, sfreef lighting, and street furniture. The project will provide sufficient right-of-way for a sidewalk, parkway, street trees, street lighting and a Class ll eight (8) foot wide bike lane along both Highway 74 and Briggs Road. Furthermore, a regional trail is also proposed within the right-of-way for Briggs Road. cuP 20L7-226 Page 3 of 5 Lighting a CD-6.4 Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. The applicant is proposing decorative down-shielded building mounted lighting, as well as decorative down-shielded free-standing lighting. CD-6.5 Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. a a The project has been conditioned for all lighting fixtures to comply with Menifee Municipa! Code Chapter 6.01, "Dark Sky Ordinance", which will have the effect of limiting leakage and spillage of light. All lighting is to be down-shielded as described above. Policies ED-2.1 Promote retail development by locating needed goods and seruices in proximity to where resrdenfs live to improve quality of life, retain taxable spending by Menifee residents and attract residents from outside the City to shop in Menifee. Locate busrnesses providing convenience goods and services ln retail centers that are on arterials adjacent to neighborhoods and communrties throughout the City but not in rural residential areas. Encourage comparison goods busrnesses fo locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. The proposed project would provide additional retail and service commercia! options and greater convenience to residential uses to the north of the site. Furthermore, the project locates these uses along a major easUwest commercia! corridor (Highway 74). Surrounding General Plan Land Use designations to the north, east, south and west are Specific Plan with the underlying land uses of Commercial to the north, east and west. To the south of the site, beyond Highway 74, is property within the Menifee Valley Ranch Specific Plan, designated and built as a high school site. These land uses are compatible with those proposed for the site. Consistencv with Multiple Specie Habitat Conservation Plan (lvlSHCP) The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County a) cuP 20L7-226 Page 4 of 5 MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensr) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. Therefore, the project wil! not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. Section 2: Consisfe ncy with the Zoning Code. The Plot Plan is consistent with the zone designation hilap, and applicable development standards within the zone designation: The zoning for the subject site is Menifee North Specific Plan No. 260 Planning Area No. 23B (SP00260A2 PA 238) which refers to Scenic Highway Commercial (C-P-S) zoning classification of Ordinance No. 348. The proposed retail center requires the processing of a plot plan and conditional use permit for the gas station and car wash. A conditiona! use permit is being processed concurrently with the plot plan application for the retail center. The proposed retail center is consistent with the development standards set forth in Specific Plan No. 260 Planning Area No. 238. Surrounding Zone designations within the City of Menifee include the Menifee North Specific Plan, which allows for commercia! to the north and east, and commercial and business park uses to the west. Property to the south, beyond Highway 74, is zoned Menifee Valley Specific Plan, and allows for a school use. The surrounding zoning is compatible with the proposed project due to the fact that the proposed retail plaza is adjacent to properties and uses currently zoned to allow for retail uses. The project site is buffered from the school to the south by Highway 74. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The project proposal, which is located at the northwest corner of Highway 74 and Briggs Road is surrounded by vacant and fallow grounds with the exception of the property located south of the project site beyond Highway 74, which is developed with a public high school. Furthermore, the proposed convenience store will not have the traditional beer and wine sales customarily found in said uses. The proposed project is compatible with the surrounding land uses, General Plan land use designations and zoning classifications. The project incorporates quality architecture and landscaping which will enhance the area. Environmental impacts resulting from the project have been analyzed in an lnitial Study/ Mitigated Negative Declaration (IS/MND). The MND/IS determined that potential impacts, would all be Section 3: cuP 20L7-226 Page 5 of 5 less than significant with the necessary mitigation incorporated. Therefore, the project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Section 4: :;trl:?l:," ,y:?, ?l,St;,",":"'";;;"',xg ,zll,*ixlJi{,'L,",n{2,f,":#[ Environmental Quality Act. An lnitial Study / Mitigated Negative Declaration (!S/MND) pursuant to the California Environmental Quality Act (CEOA) was prepared for the project. In the MND, lt was found that with implementation of mitigation measures, the proposed project would not result in any significant impacts. A Mitigation Monitoring and Reporting PIan (MMRP) was prepared and identifies all mitigation measures that will be required for the project. BE lT FURTHER RESOLVED, the Planning Commission of the City of lt/enifee hereby approves Conditional Use Permit 2017-226 subject to the following: 1 . The Findings set out above are true and correct. 2. Conditional Use Permit No. 2017-226 is hereby approved subject to the Conditions of Approval set forth in Exhibit "1" to this Resolution. PASSED, APPROVED AND ADOPTED this th 11th day of September, 2019 Ro trman Attest: nie Roseen, Deputy City Clerk Approved as to form Ajit Thind, Assistant City Attorney \ STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certifythat the foregoing Planning Commission Resolution No. PC19-465 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 11 of September 2019 by the following vote: Ayes: Diederich, Phillips, Thomas, Madrid, KanrvinNoes: NoneAbsent: None Abstain: None anie , CMC Deputy City Clerk Planning Application No. : Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: Tentative Parcel Map 2017-227 proposes to subdivide 5.04 acres into 3 commercia! parcels: Parcel 1 - 1.25 gross/0.98 ac net; Parcel 2 - 1.69 gross/1.30 net; and Parcel 3 - 2.10 gross/1.36 net. Administrative Relief No. PLN19-0024 to allow for a reduction to the setback of monument signs as required per Menifee Municipal Code Chapter 9.76. EXHIBIT 331" CONDITIONS OF APPROVAL cuP 2017-226 Conditional Use Permit 2017-226 is an application to allow for the establishment of a 3,000 square foot carwash and a 4,967 sq. ft. convenience store and attached 1,102 sq. ft. quick serve restaurant and eight (8) fue! pumps under a 6,164 sq. ft. canopy. within a proposed commercial center concurrently being reviewed un Plot Plan 2017-225, situated on 5.04 acres. The project is located within the Menifee North Specific Plan (SP260) which refers back to the Scenic Highway Commercial (C-P-S) zone of Ordinance No. 348. This zone requires a Conditional Use Permit for the aforementioned uses. Three companion applications are being processed concurrently with Plot Plan 2017-225 and Tentative Parcel Map No. 2017-227 . PIot Plan 2017-225 proposes the development of a 5.04-acre site with a new commercial center to include the aforementioned gas station with a 4,967 sq. ft. convenience store and attached 1,102 sq. ft. quick serve restaurant, eight (8) fue! pumps under a 6,164 sq. ft. canopy, a 3,000 sq. ft. drive through car wash with outdoor vacuum stalls, and a3,268 sq. ft. fast food restaurant with drive through. a a a The project site is located within the City of Menifee. The site is located north of Highway 74, east of Malaga Road, south of Watson Road and west of Briggs Road. 327-320-016 and 019 Commercial Commercial/Retail Page 1 of9 TUMF Category:Retail - Service Station (Applicant should contact WRCOG to determine fee category) Approval Date:September 11, 2019 Expiration Date:September 11, 2021 Within 48 Hours of the Approval of This Project 1. Filing Notice of Determination (ND/MND). The applicanUdeveloper shall deliver to the Planning Division a cashie/s check or money order made payable to the County Clerk in the amount of Two Thousand Three Hundred Thirty Dollars and Seventy-Five Cents ($2,330.75) which includes the Two Thousand Two Hundred Eighty Dollars and Seventy-Five Cents ($2,280.75) fbe, required by Fish and Wildlife Code Section 71 1.4(dX3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested orfinal and local government permits for the project shall not be valid unti! the filling fees required are paid. 2. Indemnification. ApplicanUdeveloper shall indemnify, defend, and hold harmless the City of Menifee and its elected city counci!, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicanUdeveloper and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicanUdeveloper with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. !n addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2017-226 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2017-225, dated August 21, 2019. 4. Ninety (90) Days. The permittee has ninety (90) days from the date of approva! of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. Page 2 of9 5. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan prepared for the project. 6. City of Menifee. The City of Menifee is a new City, incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Permittee agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The permittee acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 7. Comply with All Conditions. The applicanUdeveloper shall comply with all terms and conditions of Plot Plan No. 2017-225. 8. Gomply with Ordinances and Godes. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable Riverside County or City of Menifee ordinances or guidelines and State and Federal codes. 9. Revocation. ln the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 10. Business License. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 1 1. Ceased Operations. ln the event the use hereby permitted ceases operation for a period of one (1) year or more, excluding renovation and casualty, this approval shall become null and void. 12. Expiration Date. This approval shall be used within two (2) years of the approval date; othenrvise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the time period established by any of the extension of time requests Page 3 of9 lapse, or should all three one-year extensions be obtained and no substantial construction or use of this plot plan be initiated within five (5) years of the effective date of the issuance of this plot plan, this plot plan shall become null and void. 13. Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approva!, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 18-741 (Cost of Services Fee Study). Each submitta! shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 14. Exterior Noise Levels. Facility-related noise, as projected to any portion of any surrounding property containing a "sensitive receiver, habitable dwelling, hospita!, school, library or nursing home", must not exceed the following worst-case noise levels 45 dB(A) - 10 minute noise equivalent level ("leq"), between the hours of 10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute leq, between 7:00 a.m. and 10:00 p. m. (daytime standard). 15. Security Systems. Security systems are required as described in the Plot Plan (PP 2017-225) conditions of approval. 16. Car Wash Attendant. The applicant shall ensure that regular monitoring of the facility is provided by an attendant during business hours to control noise, !itter and other nuisances. The facility shall be kept clear of debris at all times. 17. Reclaimed Water. The permit holder shall connect to a reclaimed water supply for the car wash when secondary or reclaimed water is made available to the site. 18. Hours of Operation - Gas Station and Mini-market. Self-serve gasoline service and mini-market hours of operation shall be 24-hours a day, 7 days per week. The Community Development Director may review this permit to reconsider the hours of operation. lf complaints have been received regarding nuisances, the hours of operation may be further restricted. 19. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this plot plan as a principal place of residence. No person shall be entitled to vote using an address within the premises as a place of residence. 20. SCAQMD Rule 402. The project will comply with existing SCAQMD Rule 402 which prohibits a person from discharging any source quantities of air contaminants or other material which cause injury, nuisance, or annoyance to any considerable number of persons or to the public. 21. SCAQMD Rule 461. The project will comply with SCAQMD Rule 461 which applies to the transfer of gasoline from any tank truck, trailer, or railroad tank car into any stationary storage tank or mobile fueler, and from any stationary storage tank or mobile fueler into any mobile fueler or motor vehicle fuel tank. Page 4 of9 22. Airport lnfluence Area. The project site is located within an Airport lnfluence Area. Therefore, the following conditions apply (Per General Plan !mplementation Action LU-23):a. The notice of airport in vicinity shall be provided to al! potential purchasers of the property and tenants/lessees of the buildings thereon. 23. Comply with Riverside County Environmental Health Gonditions. The applicanUdeveloper shall comply with all terms and conditions of Plot Plan No. 2017-225. The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Date Name (please print)Title (please print) Page 5 of 9 ru FDoa CD o\o+)\o NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influencc area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). lndividual sensitivities to those annoyances [can vary from person to person. You may wish to consider what airport annoyancesl, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Business & Professions Code Section 11010 (b) (13)(A) AGREEMENT TO INDEMNIFY AND HOLD HARMLESS This Agreement to Indemnify and Hold Harmless ("Agreement") is entered into, effective as of _,2019, by and between the CITY OF MENIFEE, a municipal corporation, on the one hand,("City"), and Briggs Highway 74, L.P. a California limited liability company, ("Indemnitor" or "Indemnitors"), on the other. The City and Indemnitor(s) are herein referred to collectively as the "Parties" and individually as a "Party." Whereas, Applicant has applied to the City for various discretionary approvals including a project for the development of a shopping center and self-storage facility (the "Project") on 5.04 acres of property on the northwest corner of Briggs Road and Highway 74. (the "Property"); and Whereas, in connection with the consideration of the above-mentioned discretionary approvals, Indemnitor(s) has offered to, and hereby agrees that it will, indemnify and hold the City harmless from any challenges arising from or related to the discretionary approvals, the Property or the Project as more fully set forth in this Agreement. AGREEMENT NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and based upon the foregoing recitals, and the terms, conditions, covenants, and agreements contained herein, the Parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are an integral part of this Agreement, and are fully incorporated herein. 2. Indemnitors' Indemnification Obligations. Indemnitor(s) shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants (which may include the County of Riverside and its employees, officers, officials, and agents), and agents (herein, collectively, the "Indemnitees") from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either (i) the City's approval of the Project or actions related to the Property, including without limitation any judicial or administrative proceeding initiated or maintained by any person or entity challenging the validity or enforceability of any City permit or approval relating to the Project, any condition of approval imposed by the City on such permit or approval, and any finding or determination made and any other action taken by any of the Indemnitees in conjunction with such permit or approval, including without limitation any action taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the acts, omissions, or operations of the Indemnitor(s) and the directors, officers, Page 7 of9 RECITALS members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Indemnitor(s) with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. The City shall notify the Indemnitor(s) of any claim, lawsuit, or other judicial or administrative proceeding (herein, an "Action") within the scope of this indemnity obligation and request that the Indemnitor(s) defend such Action with legal counsel reasonably satisfactory to the City. If the Indemnitor(s) fails to so defend the Action, the City shall have the right but not the obligation to do so with counsel of their own choosing, with no right of approval by Indemnitor(s) and, if they do, the Indemnitor(s) shall promptly pay the City's full cost thereof, with pa5rments made at least on a monthly basis. Notwithstanding the foregoing, the indemnity obligation under clause (i) of the first sentence of this condition shall not apply to the extent the claim arises out of the willful misconduct or the sole active negligence of the City. This Agreement shall survive any final action on the Project, and shall survive and be independent of any Project approvals, even if such Project approvals are invalidated in whole or part. 3. Entire Agreementl Amendments and Waivers. This Agreement contains the entire agreement between the City and Indemnitor(s) with respect to the subject matter set forth herein and supersedes any prior discussions, negotiations, and agreements with respect thereto. This Agreement may be amended or modified only by u written agreement executed by both Parties. No waiver of any of the terms of this Agreement shall be effective or binding unless in writing and executed by an authorized representative of the Party waiving its rights hereunder. 4. Successors and Assigns. This Agreement shall be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the Parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as of the date first written above. ..CITY" Dated:201 8 CITY OF MENIFEE, a California Municipal Corporation By: Its: Page 8 of 9 APPROVED AS TO RUTAN & TUCKER, LLP FORM Attorneys for the City of Menifee Dated: , 2018 Dated:201 8 ..INDEMNITOR" Briggs Highway 74L.P. By: Print Name: Its Manager/Managing Member Briggs Highway 7 4 L.P . By: Print Name: Page 9 of9 )