2016/03/16 Foothill Arch, LLC TPM2015-247 Newport & Rockport MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF MENIFEE AND FOOTHILL ARCH, LLC
REGARDING APPEAL OF PLOT PLAN AND TENANTIVE PARCEL MAP
CONDITIONS OF APPROVAL
This Memorandum of Understanding ("MOU") is entered into as of
2016, by and between the City of Menifee, a municipal corporation
("City") and Foothill Arch, LLC, a California limited liability company("Foothill").
RECITALS
Whereas, Foothill has applied to the City for approval of a Tentative Parcel Map, City
application No. 2015-247, for Tentative Parcel Map No. 36998 (the "TPM"), which proposes
splitting a Schedule "E" Commercial Parcel Map into two parcels and previously applied for and
obtained approval of a Plot Plan under City application No. 2015-031 ("Plot Plan"); and
Whereas, on February 24, 2016,the.Planning Commission of the City approved the TPM,
subject to various conditions of approval', 'including condition of approval 461(d) ("COA
#61(d)"), which requires, among other things, that Foothill provide security for a minimum 3'-
wide raised median on Menifee Road from Newport Road to Rockport Road prior to recording
of the final map("Median"); and - --'
Whereas, with regard to the Median, the TPM COA#61(d)mirrors condition of approval
#154(b) ("COA#154(b)") from approval of the Plot Plan; and
Whereas, on February 26, 2016, Foothill appealed both the TPM and the Plot Plan,
seeking a revision to TPM COA#61(d) and Plot Plan COA#I54(b); and
Whereas, the City and Foothill seek to enter into this MOU to establish terms related to
the resolution of the appeal of the TPM COA 461(d) and Plot Plan COA#I54(b).
Section 1. Purpose.
This MOU between City and Foothill is entered into for the purpose of facilitating an
agreement related to the TPM COA#61(d)and Plot Plan COA#154(b).
Section 2. Revised TPM COA 461(d)-and Plot Plan COA#154(b)
Foothill agrees to provide$45,000 to.the City in lieu of providing security for the 3'-wide
raised median. The payment to the City will-be made prior to the certificate of occupancy being
issued on Phase 2 of the Project (Archibald''S):•. When made, the payment shall fully satisfy
Foothill's obligations under both TPM COA#61(d) and Plot Plan COA#154(b)related to the 3'
wide median.
Section 3. Hold Harmless.
The parties mutually agree to indemnify, hold harmless, and defend each other and their
officers, agents, and employees from any and all claims-and losses accruing or resulting to any
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and all contractors, suppliers, laborers, and any other person, firm, or corporation furnishing or
supplying work, services, material or supplies in connection with this MOU, and from any and
all claims and losses accruing or resulting to any person, firm, or corporation who may be injured
or damaged by acts or omission in the performance of this MOU.
Section 4. Entire Understanding.
This MOU represents the entire understanding of the City and Foothill as to those matters
contained herein, and no prior oral or written understanding shall be of any force or effect with
respect to those matters covered by this Agreement. No addition to or alteration of, the terms of
this MOU, whether by written or verbal understanding of the parties, their officers, agents, or
employees, shall be valid unless made in the form of a written amendment, which is formally
approved and executed by both parties.
Section S. California Law.
This Agreement is governed by the laws of the State of California. This Agreement shall
be construed as if drafted by both the City.and County. This Agreement may not be modified,
altered or amended except in writing signed by,,authorized representatives of the City and
County.
Section 6. No Third Party Beneficiaries.
Nothing expressly mentioned in this MOU is intended or shall be construed to give any
person, other than the City and Foothill and their respective assessors and assigns, any legal or
equitable right, remedy or claim under or with respect to this MOU or any provisions in this
MOU. This MOU is intended to be for the sole and exclusive benefit of the City and Foothill,
and their respective assessors and assigns, and for the benefit of no other person.
"CITY"
CI4OFEE,
a mr o
By
Mayor
ATTE T:
)CClerk
APPRO D AS TO FORM:
Je f ey aching
City Attorney
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"FOOTHIL "
Foot ' Ar , LL ,
a Cal'fornia ' t d iab' ty company
By:
"FOOTHIL
Foothill ch, L
a Califo 'a 1' > ed li pany
By:
Manager
APPROVED AS TO FORM:
Counsel for Foothill Arch, LLC
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