2017/06/14 Agreement CFD Annexation TR No. 37102 2017-0237568
06/14/2017 11:19 AM
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Peter Aldana
The City of Menifee County Of Riverside
29714 Haun Road Assessor-County Clerk-Recorder
Menifee, California
Attention: City Clerk
EXEMPT FROM FILING FEES
GOVERNMENT CODE 3 6103
(Space above for Recorder's Use)
AGREEMENT REGARDING ANNEXATION INTO A
COMMUNITY FACILITIES DISTRICT AND
COVENANTS RUNNING WITH 'THE LAND FOR
TRACT NO. 37102
between
THE CITY OF MENIFEE
Public Agency
as City
and
RIDGEMORE INVESTMENTS, LLC,
a California limited liability corporation
as Developer
AGREEMENT REGARDING ANNEXATION INTO A COMMUNITY FACILITIES DISTRICT
AND COVENANTS RUNNING WITH THE LAND FOR TRACT NO. 37102
1. Parties and Date.
This Agreement Regarding Annexation into Community Facilities District and Covenants
Running with the Land for Tentative Tract No. 37102 (the "Agreement') is entered into as of this
, by and between the City of Menifee, a municipal corporation (hereinafter
referred to as the "), and Ridgemore Investments, LLC, a California limited liability
corporation, with its principal place of business at c/o MBK Consulting, 26040 Acero, Mission
Viejo, CA 92691 (hereinafter referred to as"Developer").
2. Recitals.
2.1 Developer has submitted to the City for its approval, Tentative Tract Map (TTM)
No. 37102 (Exhibit "B"), a proposed development comprised of twenty-one (21) single family
residential homes, located in the City of Menifee, County of Riverside, State of California. The
property is more specifically described as being a subdivision of portions of Parcel 31 inclusive,
of Tract Map 2813, in Book 49, Page 71, inclusive, of Parcel Maps, lying in Section 29, Township
5 South, Range 3 West,S.B.M. (the"Property'), as legally described in Exhibit"A"attached hereto
and incorporated by reference.
2.2 On or about March 15, 2017, the City Council of the City of Menifee(hereinafter
referredto as"Council")adopted Resolution 17-595 wherein the Council approved TTM No. 37102
subject to satisfactory completion of the Conditions of Approval (hereinafter referred to as"COA")
for the development of the Property. Pursuant to COA Nos. 85, 158, and 159 the Developer is
required to annex into a Citywide Community Facilities District (CFD) 2015-2 or similar
mechanism for the maintenance of certain public improvements required of the development.
COA Nos. 85, 158, and 159 required that prior to final map recordation or building permit issuance,
whichever occurs first, the annexation to the Citywide Community Facilities District must be
complete.
2.3 Developer and the City desire to enter into this Agreement for the purpose of
complying with COA Not. 85, 158, and 159 pursuant to Resolution 17-595. 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 TTM No.37102 will be included within
an established and recorded Citywide Community Facilities District prior to any sale, lease,
transfer or other conveyance of any kind of property located within Tentative Tract Map No. 37102.
2.4 This Agreement is made in consideration of the approval of Planning Application
No. 2016-038 pursuantto Resolution 17-595.
3. Terms.
3.1 Petition. As owner of the Property, Developer shall sign a petition to annex the
Property into the CFD. Developer shall sign such petition upon the request of the City at no cost,
expense or other obligation of the City.
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3.2 Fair Share of Costs. Developer shall pay its fair share of all costs necessary for
the annexation of the Property into the CFD. 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 the Property into the CFD.
3.3 Inclusion. Developer understands, acknowledges and agrees that it shall not be
authorized to sell, transfer or in any other manner convey the Property prior to the inclusion of all
of the Property in the CFD.
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: Ridgemore Investments, LLC
A California Limited Liability Corporation
Address: c/o MBK Consulting
26040 Acero
Mission Viejo, CA 92691
Attn: Mohammad Kashani
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 Recorder's Office.
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3.9 Covenant Running With the Land. The parties intend that the benefits and burdens
described herein constitute covenants running with the Property for the benefit of the landowners
of the Property.
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 Headinqs. 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, RIDGEMORE INVESTME , LLC
a municipal corporation a California limited liability poration
Neil Enter, Mayor yAoliaamadKashani, Member
Attest: }� � -"v 'Fi-'
S 1rahManwariiKg,titjCIer-k
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of Calif n" ` }
County of
On `� �� n before me,
Date H re Jn ert Name and Tit/ of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(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.
ADAM A,DEJESUS
Notary Public=Call rniq z WITNESS my nd official seal.
OrangeC®arty
&//(
Commission N 21756E1
My Comm,Explras Jan l ! Signature
� � nature of Notary Pu "c
Place Notary Seal Above
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Description of Attached Document
Title or Type of Docu e t: ,2e
Document Date: It _0 Number of Pages: "I uvc1.4k-,
Signers) Other Than Named Above: �"VJ
Capacity(ies) Clirr�eyl by Signer s) /�,, g
Sig ner's Name: �GV111w �c K, -� Si ner's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General
Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer is Representing: Signer Is Representing:
02016 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT"A"
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NVIE-N=,COUlTrY OF RIVERSIDE.
STATE OF CALIFORNIA-AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION' 29. TOWNSHIP 5 SOLTH, RANGE 3 WEST, S-ANT' BERNARDINO NIERIDLLN- LIT
THE CITY OF ATENTFEE. COUNTY OF RINTERSIDE. STATE OF CALIFORNIA- -CCORDD TG TO THE OFFICIAL
PLAT THEREOF.DESCRIBED AS FOLLOW-S:
BEGL'-N-LNG AT THE SOUTHRrEST CORNER OF SECTION-29.AS SHOWN IN BOOB 49.PAGE 71 OF RECORDED
TRACT 2S 13. LN THE OFFICE OF THE COLN IY RECORDER Kn7ERSIDE•COLNTZ. THE\'CE ALONG THE
SOUTH SECTION LUTE OF SAID SECTION 29, SOUTH S9=58'54" EAST 2,442.48 FEET TO THE TRUE POIN-7 OF
BEGLNTZNG; THENCE CONTTNTUZ\TG SOUTH S9°58'54" EAST ?05.00 FEET TO A POINT ON THE I EST
BOUNDARY LUTE OF SAID TRACT 2513. SAID POINT BEL-G FURTHER DESCRIBED AS NORTH S9158'54"
'WIEST, 68.52 FEET FROM THE CENTERLINE INTERSECTION OF VALLEY BOULEVARD AND RIDGENSOOR
ROAD IN TRACT 2513'.THENCE LEAY•ING SAID SECTION LINE NORTH 0011 01'06" EAST; 33.00 FEET TO THE
NORTH RIGHT-OF-`WAY LINE OF RIDGENIOOR ROAD; THENCE ON A CURVE TO THE LEFT FROM A
TANGENT WHICH BEARS SOUTH S9°58'54" EAST, CONCAZT NORTHWESTERLY THROUGH A RADItiS OF
14.00 FEET, A CENTRAL ANGLE OF 99024'5 r' -AN ARC DISTANCE OF 21.S5 FEET TO A POLN-T ON THE
WESTERLY RIGHT-OF-WALY LINT OF VALLEY BOULEVARD OF SAID TRACT 2813: THENCE -ALOI-G SAID
RIGHT-OF-TiTAY PARALLEL-ANDAND 55.00 FEET WEST OF Z`ALLEY BOULE7,ARD CENTER LINE NORTH 00" 36'
09"EAST.291.02 FEET:THENCE NORTH S9° 58'54" 'VEST, 721.96 FEET TO A LINTE WHICH BEARS NORTH 000
01'06"EAST FROINI THE TRUE POT-NTT OF BEGR�T:-LvG;THENCE SOUTH 000 01'06"'WIEST.335.16 FEET.TO THE
TRUE POINT OF BEGL-1vZNG
APN:3 39-153-031
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EXHIBIT"B"
TTM 37102, Ridgemore Investments, LLC
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EXHIBIT "C"
DESCRIPTION OF MAINTENANCE SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2,
as provided by Section 53313 of the Act, will include all costs attributable to maintaining,
servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves
for replacement) in public street right-of-ways, public landscaping, public open spaces and
other similar landscaped areas officially dedicated for public use.These services including
the following:
1. maintenance and lighting of parks, parkways, streets, roads and open space,
which maintenance and lighting services may include,without limitation, furnishing
of electrical power to street lights; repair and replacement of damaged or
inoperative light bulbs, fixtures and standards; maintenance (including irrigation
and replacement) of landscaping vegetation situated on or adjacent to parks,
parkways, streets, roads and open space; maintenance and repair of irrigation
facilities; maintenance of public signage; graffiti removal from and maintenance
and repair of public structures situated on parks, parkways, streets, roads and
open space; maintenance and repair of playground or recreation program
equipment or facilities situated on any park; and
2. maintenance and operation of water quality improvements which include storm
drainage and flood protection facilities, including,without limitation, drainage inlets,
catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and
similar facilities. Maintenance services may include but is not limited to the repair,
removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities,
clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and
other items necessary for the maintenance, servicing; or both of the water quality
basin improvements within flood control channel improvements; and
3. public street sweeping, on the segments of the arterials within the boundaries of
CFD No. 2015-2; as well as local roads within residential subdivisions located
within CFD No. 2015-2; and any portions adjacent to the properties within CFD No.
2015-2.
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