2018/08/28 Commerce Pointe II Menifee, Inc. FY18/19 Commerce Pointe II Light Industrial/Business Park Development AGREEMENT FOR ISSUANCE OF
TEMPORARY CERTIFICATE OF OCCUPANCY FOR "CHUTE SYSTEMS" LOCATED
WITHIN BUILDING NO. 1 OF THE COMMERCE POINTE II LIGHT
INDUSTRIAUBUSINESS PARK DEVELOPMENT
1. Commerce Pointe II Menifee Inc. agrees to submit clearance/sign off from the
Riverside County Sheriff/Menifee Police Department for that the installation of the security
system for Building No. 1 has been installed per the Riverside County Sheriff/Menifee Police
Department's requirements in conformance with the requirements of Extension of Time No.
2013-030 (Condition of Approval#74)for Plot Plan No. 2009-006 as finally approved by the
City prior to the expiration of the Temporary Certificate of Occupancy (180 days or as
determined by the Building Official).
2. Commerce Pointe II Menifee Inc. agrees to install and/or complete the installation of
all landscaping and irrigation and pass the final landscape inspection, in accordance with
the approved plans under Plot Plan No. 2016-231 and in conformance with the requirements
and conditions of Plot Plan No. 2016-126 (All Conditions of Approval) as finally approved by
the City and per the attached landscape punch list dated August 22, 2018 prior to the
expiration of the Temporary Certificate of Occupancy.The outstanding punch list items have
been attached to this agreement.
3. _Commerce Pointe II Menifee, Inc. agrees to submit a supplemental payment in the
amount of $9300 for the current outstanding negative balance under Plot Plan No. 2016-
126 (Revised Commerce Pointe II Plot Plan) in conformance with the requirements of Plot
Plan No. 2016-126 (Condition of Approval #21) as finally approved by the City prior to the
expiration of the Temporary Certificate of Occupancy (180 days or as determined by the
Building Official). Please find the invoice attached.
4. Commerce Pointe II Menifee, Inc. agrees to submit a supplemental payment in the
amount of$900 for the current outstanding negative balance under Parcel Map No. 2017-
152 (Parcel Map for Commerce Pointe II) in conformance with the requirements of Parcel
Map No. 2017-152 (Condition of Approval #35) and Plot Plan No. 2016-126 (Condition of
Approval #21) as finally approved by the City prior to the expiration of the Temporary
Certificate of Occupancy (180 days or as determined by the Building Official). Please find
the invoice attached.
5. To the fullest extent permitted by law (including, without limitation, California Civil
Code Sections 2782 and 2782.6), Commerce Pointe II Menifee, Inc. as to Items 1 through
4 shall defend (with legal counsel reasonably acceptable to City), indemnify, and hold free
and harmless City and City's agents, officers, and employees, (each, an "Indemnitee")from
and against any and all claims, loss, cost, damage, injury(including, without limitation, injury
to or death of Landowner or any officers, agents, employees, representatives, or
subcontractors of Landowner[collectively, the "Landowner Entities"]), expense, and liability
of every kind, nature, and description (including, without limitation, incidental and
consequential damages, court costs, attorneys'fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of investigation)
that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the
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negligence, recklessness, or willful misconduct of Commerce Pointe II Menifee Inc. or any
of the Commerce Pointe II Menifee Inc. entities, anyone directly or indirectly employed by
any of them, or anyone that they control (collectively, the "Liabilities"), with regard to the
Work described in this Agreement. Such obligation to defend, hold harmless, and indemnify
any Indemnitee shall not apply to the extent that such Liabilities are caused in part by the
sole negligence or willful misconduct of such Indemnitee.
6. Commerce Pointe II Menifee Inc. agrees to pay all costs incurred by the City for the
drafting, implementation and enforcement of this agreement, including, without limitation all
attorney's fees.
7. In the event that Commerce Pointe II Menifee Inc. fails to comply with any provision
of this agreement, City shall be entitled to revoke the Temporary Certificate of Occupancy
pursuant to the Uniform Building Code as being founded on incorrect information supplied
by Commerce Pointe II Menifee Inc. and to immediately disconnect all utility services to the
Project until full compliance occurs.
8. Counterparts Clause. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one agreement.
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Commerce Pointe II Menifee, Inc.
("Landowner")
Dated: By
(Signatu f resident or other Category 1 Officer)
(Print Name)
(Title)
Dated: By
(Signature for Secretary or other Category 2 Officer)
(Print Name)
(Title)
CITY OF MENIFEE
("City")
Dated: ( D `D By
Cheryl Kitzero
Community Dbvblopm irector
Approved as to Form:
J
J6frre,,9V Melchin
City Attorney
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CERTIFICATE OF AUTHORITY
I, Douglas J. McCarron, hereby certify that I am the duly elected and acting President of
the following corporations: (i) CPT/SC Title Holding Corporation, a California corporation, (ii)
Carlsbad Properties, Inc.. a California corporation: (iii) Southwest CPT Holdings. Inc.: a
California corporation: (iv) Zeiders Road Business Park, Inc., a California corporation: and (v)
Commerce Pointe II Menifee, Inc., a California corporation (each such entity is hereinafter
referred to as a"Corporation"):
This certificate is being furnished to provide evidence that (i) Washington Capital
Management. Inc., a Washington corporation, through its designated officers are duly authorized
to act and represent in the name and on behalf of each Corporation, as Investment Manager (the
"Investment Manager"), with respect to managing each Corporation's investment in real and
personal property, and furthermore (ii) the Investment Manager is hereby authorized and
directed, in the name and on behalf of each Corporation. to execute any and all documents
necessary to manage, develop, lease and sell any real or personal property of each Corporation
and to make all such arrangements, to do and perform all such acts and things, to execute and
deliver all such certificates and other instruments and documents. and to do everything that he
may deem necessary, appropriate or desirable in order to implement fully all instructions and
intent made by the shareholders, officers and directors of each Corporation.
This Agreement may be delivered electronically (e.g. fax, email pdf) and shall be deemed
and original hereto.
CN WITNESS WHEREOF, the undersigned has executed this certificate this_day of
February, 2016.
Douglas J. McCarron. President
MANAGEMENT.Washington Cauital
March 15,2016
To:The City of Menifee
RE: Commerce Pointe I and Commerce Pointe II
Matthew Herrill of Stonemark Construction Management is the Senior Project Manager for the two
referenced projects. This letter is to advise you that he is authorized to execute applications for grading
and building permits and similar documents on behalf of ownership.
Please call if you have any questions.
Sincerely,
HIDERS ROAD BUSINESS PARK, INC.
A California Corporation
By: Washington Capital Management, Inc.
a Washington cor ration
Its: Investment an ger
By:
Cory Carlson, resident and CEO
COMMERCE POINTE II MENIFEE, INC.
A California Corporation
By: Washington Capital Management, Inc.
a Washington corporation
Its: Investment l anger
�)By: l �—
Cory Carlson, resident and CEO
1200 Sixth Avenue Telephone(206)382-0825
Suite 700 Facsimile(206)382-0950
Seattle,Washington 98101 www.wcmadvisors.com