Loading...
2020/12/14 CIP Improvements Covenant of Improvment PM No. 37379RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Menifee 29844 Haun Road Menifee, CA92586 Community Development Department DOC # 2020-0633945 12/14/2020 01:46 PM Fees: $0.00 Page 1 of 14 Recorded in Official Records County of Riverside Peter Aldan@ Assessor -County Clerk -Recorder **This document was electronically submitted to the County of Riverside for recording** Receipted by: REGINA #080 (Space Above This Line for Recorder's Use Only) COVENANT OF IMPROVEMENT REQUIREMENTS (PARCEL MAP NO. 37379) This COVENANT OF IMPROVEMENT REQUIREMENTS (PARCEL MAP NO. 37379) ("Agreement") is entered into as of Oecemba- 2_ , 2020, between (i) the CITY OF MENIFEE, a California municipal corporation ("City"), and (ii) BLC FLEMING LLC, a Delaware limited liability company, and THE FLEMING FAMILY LIMITED PARTNERSHIP, a California limited partnership Qointly, collectively, and severally, "Owner"). RECITALS A. Owner is the owner of certain real property located in the City of Menifee, County of Riverside, State of California, and legally described in Exhibit A, which is attached hereto and incorporated herein by this reference (the "Property"). B. On October 13, 2017, Owner submitted to City an application for approval of a tentative parcel map for the Property. Said tentative parcel map is identified in City records as Tentative Parcel Map No. 2017-337 ("TPM 37379"). C. Owner has advised City that the sole purpose of processing TPM 37379 is to establish legal parcels for ownership and conveyance purposes, and that no development is contemplated or permitted in connection with TPM 37379. D. On December 11, 2019, the City of Menifee Planning Commission conditionally approved Owner's application, by adoption of Resolution No. PC 19-474 (the "PC Resolution"). E. The conditions of approval issued in connection with the PC Resolution (the "Conditions of Approval") require construction and dedication to City of certain public improvements and dedication to City of certain easements. The Conditions of Approval provide that such construction and dedications can be deferred, pursuant to a written agreement, until the time a permit or other grant of approval for development of a parcel is issued by City or upon a finding by City that fulfillment of the improvement requirements is necessary for either reasons of public health and safety, or is a necessary requisite to the orderly development of the surrounding area. F. The purpose of this Agreement is to secure Owner's future completion of the improvements and dedications required by the Conditions of Approval. DOC #2020-0633945 Page 2 of 14 NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for other valuable consideration, the sufficiency of which is hereby acknowledged, City and Owner hereby agree as follows: I. ASSIGNMENT; AGREEMENT BINDING ON SUCCESSORS IN INTEREST This Agreement may not be assigned by Owner except with the prior written approval of City, which shall not be unreasonably withheld, conditioned, or delayed. Any such assignment shall be effected by a written assignment and assumption agreement in a form approved by the City Attorney. This Agreement is an instrument affecting the title or possession of the Property. All of the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City and Owner, any subsequent owner of all or any portion of the Property, and their respective successors, heirs, personal representatives, assigns, or successors in interest. II. STREET AND DRAINAGE IMPROVEMENTS A. Owner agrees to construct on the Property all of the improvements described in the Conditions of Approval, as well as any required off -site improvements (collectively, the "Improvements") in the manner set forth in this Agreement. B. City and Owner agree that Owner's construction of the Improvements may be deferred to the next entitlement, described as Tentative Tract Map 37391 (the "Tract Map"). Owner acknowledges and agrees that Owner shall not be entitled to obtain a building permit for any portion of the Property until such time as Owner either completes construction of all of the Improvements or provides adequate security for completing the Improvements to City, in a form and content as authorized by the California Subdivision Map Act and County of Riverside Ordinance No. 460, Article XVII, Section 17.1 (collectively, the "Governmental Subdivision Requirements"), which has been incorporated by reference into the City of Menifee Municipal Code. C. The Improvements shall be constructed according to a phasing plan for the development of the Property, as determined in the Traffic Impact Analysis and Specific Plan, which phasing plan is set forth in Exhibit B, attached hereto and incorporated herein by this reference. Each specific Improvement shall be constructed according to the timing set forth in the Conditions of Approval and, with respect to the portions of the Property located west of Sherman Drive, the statutory Development Agreement entered into between Owner and City and recorded concurrently herewith in the Official Records of the County of Riverside against such portions (the "Development Agreement"). All of the costs of the Improvements shall be borne solely by Owner subject to any agreements between Owner and other owners of portions of the Property pursuant to which costs have been allocated. If Owner is obligated to pay a fair share of the cost of a facility provided by others, Owner shall adhere to the amount to be paid and the time when payment must be made as set forth in the Development Agreement.