2014/11/21 Southern Inland Investment, LLC Parcel B Lot Line Adjustment no10-003 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Menifee
29714 Haun Road
Menifee, California
Attention: City Clerk
EXEMPT FROM FILING FEES
GOVERNMENT CODE 3 6103
(Space above for Recorder's Use)
AGREEMENT REGARDING A
COMMUNITY FACILITIES DISTRICT AND
COVENANTS RUNNING WITH THE LAND FOR
PARCEL B OF LOT LINE ADJUSTMENT NO. 10-003
between
THE CITY OF MENIFEE
Public Agency
and
SOUTHERN INLAND INVESTMENT, LLC
the Developer
AGREEMENT
1. Parties and Date.
This Agreement Regarding a Community Facilities District and Covenants Running with
the Land for Parcel B of Lot Line Adjustment No. 10-003 (the "Agreement') is made and entered
on this _ day of 2014 by and between the City of Menifee, a municipal
corporation (hereinafter referred to as the "City") and, Southern Inland Investment, LLC, a
California limited liability company with its principal place of business at 34118 Pacific Coast
Highway, Suite 6, Dana Point CA 92629 (hereinafter referred to as "Developer").
2. Recitals.
2.1 Developer submitted to the City for its approval, Plot Plan 2010-057, a proposed
development of the property located along the north side of State Route 74, approximately 150
feet easterly of Trumble Road in the community area of Romoland in the City of Menifee. The
property is more specifically described as Parcel B of Lot Line Adjustment No. 10-003 recorded
on November 15, 2010, as Document No. 2010-0549423 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 July 26, 2011, the Planning Commission of the City of Menifee
(hereinafter referred to as"Commission")adopted Resolution PC 11-070 wherein the Commission
approved Plot Plan 2010-057 subject to satisfactory completion of the Conditions of Approval
(hereinafter referred to as "COA") for the development of Parcel B. Pursuant to COA Nos. 33, 82,
83, 133, 136, and 138, the Developer is required to annex into a City Landscape and Lighting
Maintenance District (hereinafter referred to as "Citywide Maintenance District') or similar
mechanism for the maintenance of certain public improvements required of the development.
COA Nos, 133, 136 and 138 required that prior to the issuance of Certificate of Occupancy, the
annexation to the Citywide Maintenance District must be complete.
2.3 Developer and the City desire to enter into this Agreement for the purpose of
complying with COA Nos. 33, 82, 83, 133, 136 and 138 pursuant to Resolution PC 11-070.
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,
lease, 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 2010-057
pursuant to Resolution PC 11-070.
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
I
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
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, lease, 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 Engineer
Developer: Southern Inland Investment, LLC
a California limited liability company
Address: 34118 Pacific Coast Highway
Dana Point, CA 92629
Attn: Reynold W. Forsum
3.7 Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the parties.
3.8 Recordation. The City shall cause this Agreement to be recorded with the
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Riverside County Recorder's 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.
3.11 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall 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.
IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day
and year first above written.
CITY OF MENIFEE
SOUTHERN INLAND INVESTMENT, LLC
a California limited liability company
Scott A. Mann, Mayor Reynold W. F rsum, Managing Member
Attest: Approved as to Form:
Kathy Bennett, City Clerk Jeffrey Melching, City Attorney
'$tHe of Calltoa county of ORANGS )a®,
oo� 11-Al- 20!r�l beliefs mmqq-TJ, Lango, Notary Public,
pemaially eppeared 00fd. W rorSVM _,
who proved to me on the basis of satisfactory evidence to be the
person(s)whose name(s)Istare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in histherltheir
authorized capacity(ies),and that by his/her/their signature(s)on the
Instrument the person(s),or the entity upon behalf ofwhich the person(s)
acted,executed the Instrument.I cortify under PENALTY OF PERJURY '-r r✓yC_..-�
under the laws of the state of California that the foregoing paragraph'Is
trfArarpeivtect. WITNESS myhandandortialilaaRt.,:
90ft
T. J. LRNGE
COMM,#198454s
NOl'ARY PUBLIC-CAUFORNIA3 ORANGE COUNTY 0
OMM.EXPIRES JULY 8,2010''
EXHIBIT"A"
LEGAL DESCRIPTION OF PARCEL B
PARCEL B OF LOT LINE ADJUSTMENT NO. 10-003, IN THE CITY OF
MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,AS EVIDENCED
BY DOCUMENT RECORDED NOVEMBER 15, 2010 AS INSTRUMENT NO.
2010-0549423, OFFICIAL RECORDS OF SAID COUNTY
See Exhibit "B" on the next page for a site exhibit of Parcel B.
4
EXHIBIT"B"
SITE EXHIBIT
5
EXHIBIT "A" - MAP
LOT LINE ADJUSTMENT NO. 10-OW
MAPES ROAD
C o
ASFRO m
SITE
WATSON ROAD
15 VICINITY MAP
NO SCALE
PARCEL A
LLA N0. 10-003
REC. 1111512010
INS7R, N0. 2010-0549423 O.R.
JACK IN THE BOX RESTAURANT
PARCEL B
`r2-, LLA N0. 10-003
1p, REC. 1111512010
\ jyq INSTR. N0. 2010-054942J O.R.
r�
SCALE: 1" = 60'
0 60 120
ASSESSOR PARCEL NUMBER: 329-030-073
SEC77ON 10, T5S, RJW
DA7E EXHIBIT PREPARED: DECEMBER 4, 2014 PAGE 1 OF 1 PAGE