2015/04/28 Agreement Stark Menifee Land, LLC, lien agreement PM 36299-1 DOC # 2015-0171371
04/28/2015 08:44R Fee:NC
RECORDING REQUESTED BY, AND Page 1 of 10
WHEN RECORDED MAIL TO: Recorded in Official Records
County of Riverside
Peter Rldana
MenifeeAssessor, County Clerl 1, Recorder
City of City Clerk's Office i IIIIII IIIIIII IIIII III IIIII IIIII IIIIIII III IIIII IIII IIII
29714 Haun Road
Menifee, CA 92586
S R U PAGE SIZE DA MISC LONG RFD COPY
RECORDED AS A BENEFIT TO THE CITY I
OF MENIFEE.Note: This document is exempt M A L 465 1 426 PCOR NCOR SM NCHG EXAM
from payment of recording fees pursuant to California
Government Code Section 27383 T: CTY UNI
Space above this line for Recorder's use.
FIRST AMENDMENT TO LIEN AGREEMENT
268
The City of Menifee, a political subdivision of the State of California ("City") and Stark
Menifee Land, LLC, a Wisconsin limited liability company ("Owner") entered into that certain,
Lien Agreement, dated March 13, 2013 and recorded as Document No. 2013-0182114 on April
17, 2013 in the official records of Riverside County, as modified by that certain Partial Release
and Termination of Lien Agreement dated August 6, 2014 and record as Document No. 2014-
0314404 on August 19, 2014 (collectively, "Lien Agreement").
Exhibit "A", Exhibit "B" and Exhibit "C" of the Lien Agreement are each hereby
replaced and superseded, each in their entirety, by Exhibit B, Exhibit C, and Exhibit D
respectively, attached hereto. In addition, a new Exhibit A is incorporated and attached hereto.
The Lien Agreement otherwise remains in full force and effect.
This document may be signed in counter parts and shall be recorded in the official
records of Riverside County.
Dated: C S , 2015 CITY OF MENIFEE,
a political subdiv' 'on of the State of
California
By:
Name: Robe ohnson
Title: City nager
Attest:
Kathy Bennett, City Clerk
Approved as to form:
Jeffrey Melching, City Attorney
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Dated: ,2015 STARK MENIFEE LAND, LLC, , a
Wisconsin limited liability company
By: Stark Offshore Management, LLC,
Its: Manager
By:
Name:
Title: M(�[Y,-o;ftG VJ j
Signatures require notary acknowledgement
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ACKNOWLEDGMENT
State of Wisconsin )
County of Milwaukee )
On April 6, 2015 before me, Jenifer C. Bersch, notary public, personally appeared Michael A.
Roth, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Wisconsin that the
foregoing paragraph is true and correct.
`�auuuuu�p���
WITNESS my hand and official seal.
p y
3 NOTAgy y y
OF WISG�p�+`•
Notary Flublic, Ntate of Wisconsin ""�n liM0
My Commission expires: May 29, 2016 (Notary Stamp)
Acknowledgement Page
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EXHIBIT B
LEGAL DESCRIPTION OF THE PROPERTY
THOSE PORTIONS OF PARCELS 10, 11 AND 12 OF PARCEL MAP 9504,AS SHOWN BY
MAP ON FILE IN BOOK 67 OF PARCEL MAPS AT PAGES 5 AND 6, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA, LYING IN SECTION 3, TOWNSHIP 6 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 9, SAID CORNER BEING
ON THE CENTERLINE OF SHERMAN ROAD (44.00 FEET IN HALF WIDTH), BOTH AS
SHOWN ON SAID PARCEL MAP;
THENCE SOUTH 000 13' 11" WEST ALONG THE WESTERLY LINE OF SAID PARCEL 9
AND ALONG THE WESTERLY LINE OF SAID PARCEL 10 AND ALONG SAID
CENTERLINE OF SHERMAN ROAD, A DISTANCE OF 1185.74 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 000 13' 11" WEST ALONG SAID WESTERLY
LINE OF PARCEL 10 AND ALONG THE WESTERLY LINES OF SAID PARCELS 11 AND
12 AND ALONG SAID CENTERLINE, A DISTANCE OF 888.03 FEET;
THENCE LEAVING SAID WESTERLY LINE OF PARCEL 12 AND SAID CENTERLINE
NORTH 890 42' 18" EAST, A DISTANCE OF 1041.37 FEET TO A POINT ON THE
WESTERLY
LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO RIVERSIDE COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY GRANT DEED
RECORDED SEPTEMBER 29, 2011 AS DOCUMENT NO.2011-0432006, OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTH 000 11' 02" EAST ALONG SAID WESTERLY LINE OF SAID PARCEL
SO CONVEYED, A DISTANCE OF 234.44 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1112.50 FEET;
THENCE NORTHERLY ALONG SAID WESTERLY LINE AND ALONG SAID CURVE, TO
THE RIGHT, THROUGH A CENTRAL ANGLE OF V 48'43", AN ARC DISTANCE OF
35.18 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY,
HAVING A RADIUS OF 887.50 FEET, THE RADIAL LINE TO SAID POINT BEARS
NORTH 880 00' 15" WEST;
THENCE NORTHERLY ALONG SAID WESTERLY LINE AND ALONG SAID CURVE, TO
THE LEFT, THROUGH A CENTRAL ANGLE OF 1° 48'43",AN ARC DISTANCE OF 28.07
FEET;
THENCE CONTINUING NORTH 000 11' 02" EAST ALONG SAID WESTERLY LINE, A
DISTANCE OF 590.35 FEET TO A POINT THEREON;
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THENCE LEAVING SAID WESTERLY LINE SOUTH 89° 42' 18" WEST, A DISTANCE OF
1041.82 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL B OF LOT LINE ADJUSTMENT NO.10-002,
RECORDED AUGUST 2, 2012 AS INSTRUMENT NO. 2012-364246, OF OFFICIAL
RECORDS.
APN: 360-130-13
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EXHIBIT C
DESCRIPTION OF THE IMPROVEMENT WORK
PHASE 1
Construction of Improvements per Riverside County Flood Control and Water Conservation
District— Sherman Road Storm Drain and Laterals Line CC,Line S, Line D and Line I
prepared by Webb Associates and as approved by the City of Menifee and Riverside County
Flood Control
Construction of Improvements per City of Menifee Water, Recycled Water and Sewer
Improvement Plans—Sherman Road, prepared by Webb Associates and as approved by Eastern
Municipal Water District and the City of Menifee
Construction of Improvements per Street Improvement Plans—Sherman Road prepared by
Webb Associates and as approved by the City of Menifee
Construction of Improvements per Signing& Striping and Traffic Signal Plans—Sherman Road
prepared by Webb Associates and as approved by the City of Menifee
Construction of Improvements per Street Light Improvement Plans— Sherman Road prepared
by Webb Associates as approved by the City of Menifee
Construction of Improvements per Mass Grading Plans Parcel Map No. 36299 prepared by
Webb Associates and as approved by the City of Menifee
Construction of Improvements per Erosion Control Plans Parcel Map No. 36299 prepared by
Webb Associates and as approved by the City of Menifee
Construction of Improvements per Utility Company Facilities Specifications and
Requirements—Dry utilities—Southern California Edison, Telephone, CATV, Gas Trench
and Gas System per plans prepared by RGI Utility Consultants and as approved by each
utility company.
PHASE 2A
Construction of Improvements per Mass Grading,Plans Parcel Map No. 36299 Delta
Revision 2 prepared by Webb Associates and as approved by the City of Menifee
Construction of Improvements per Erosion Control Plans Parcel Map No. 36299 prepared by
Webb Associates and as approved by the City of Menifee
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Construction of Improvements per Landscape Plans Town Center Drive Streetscape Phase 1
prepared by Webb Associates and as approved by the City of Menifee
Construction of Improvements per Street Improvement Plans—Sherman Road Delta Revision 5
prepared by Webb Associates and as approved by the City of Menifee
Construction of Improvements per Signing & Striping and Traffic Signal Plans—Sherman Road
Delta Revision 4 prepared by Webb Associates and as approved by the City of Menifee
Construction of Improvements per City of Menifee Water, Recycled Water and Sewer
Improvement Plans Delta Revision 2— Sherman Road,prepared by Webb Associates and as
approved by Eastern Municipal Water District and the City of Menifee
PHASE 2B
Construction of Improvements per City of Menifee Water, Recycled Water and Sewer
Improvement Plans—Loop Roads,prepared by Webb Associates and as approved by Eastern
Municipal Water District and the City of Menifee
Construction of Improvements per Street and Storm Drain Improvement Plans—Loop Roads
prepared by Webb Associates and as approved by the City of Menifee
Construction of Improvements per Signing & Striping Plans—Loop Roads prepared by Webb
Associates and as approved by the City of Menifee
Construction of Improvements per Street,Light Improvement Plans—Loop Roads prepared by
Webb Associates as approved by the City of Menifee
Construction of Improvements per Utility Company Facilities Specifications and
Requirements—Dry utilities—Southern California Edison, Telephone, CATV, Gas Trench
and Gas System per plans prepared by RGI Utility Consultants and as approved by each
utility company.
PHASE 2C
Construction of Improvements per City of Menifee Water,Recycled Water and Sewer
Improvement Plans—Great Oak Road,prepared by Webb Associates and as approved by
Eastern Municipal Water District and the City of Menifee
Construction of Improvements per Street and Storm Drain Improvement Plans—Great Oak
Road prepared by Webb Associates and as approved by the City of Menifee
Construction of Improvements per Signing& Striping and Traffic Signal Plans—Great Oak
Road prepared by Webb Associates and as approved by the City of Menifee
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Construction of Improvements per Street Light Improvement Plans—Great Oak Road prepared
by Webb Associates as approved by the City of Menifee
Construction of Improvements per Utility Company Facilities Specifications and Requirements
—Dry utilities— Southern California Edison, Telephone, CATV, Gas Trench and Gas System
per plans prepared by RGI Utility Consultants and as approved by each utility company.
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EXHIBIT D
Security Amount
Description of work
Phase 213
Street Improvements 686,551 0% $ 686,551
Remedial Grading 127,560 0°% $ 127,560
Storm Drain Improvements 365,885 0% $ 365,885
Water Quality Basins 190000 0% $ 190,000
Sewer Improvements 481,400 0% $ 481,400
Water Improvements 341,470 0% $ 341,470
Recycled Water Improvements 172,475 0% $ 172,475
Ornamental Street Lights 188,000 0% $ 188,000
Dry Utilities 206,162 0% $ 206,162
Signing and Striping 15,500 0% $ 15,500
Sub Total Phase 2B 2,775,003 2,775,003
Phase 2C
Street Improvements 527,423 0% $ 527,423
Remedial Grading 103,050 0% $ 103,050
Storm Drain Improvements 125,104 0% $ 125,104
Sewer Improvements 205,200 0% $ 205,200
Water Improvements 187,240 0% $ 187,240
Recycled Water Improvements 228,330 0% $ 228,330
Ornamental Street Lights 106,000 0% $ 106,000
Dry Utilities 309,243 0% $ 309,243
Signing and Striping 3,900 0% $ 3,900
Monument Estimate 54,000 0% $ 54,000
Sub Total Phase 2C 1,849,490 1,849,490
Sub Total Phase 2B and 2C 4,624,493 4,624,493
Total for Phase 2B and 2C 4,624,493 4,624,493
Lien Total (1.5 x the total) $ 6,936,739
Remaining Lien still on the property $ 1,268,354
Property Lien for Balance of Improvements plus existing lien $ 8,205,093
Land Value per County of Riverside Tax Records
Assessment# 360130014-6 $1,642,045
Assessment# 360130014-6 $1,696,954
Assessment# 360130014-6 $5,409,383
Total Value of land $8,748,382
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