2020/06/30 AgreementQa
PLEASE RECORD AND WHEN RECORDED
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Attn: City Attorney
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LEGADO
DEVELOPMENT AGREEMENT
This Development Agreement (hereinafte r "Agreement") isentered into on {* /rOrO,
by and between the CITY OF MENIFEE (hereinafter "CITY'), a municipal corporation of the
State of California, and BLC FLEMING LLC, a Delaware limited liability company (hereinafter,,DEVELOPER").
RECITALS
A. DEVELOPER owns all of the real property described on Exhibit A and depicted
on Exhibit B, consisting of approximately 331 acres of land area located in the City of Menifee,
County of Riverside, State of California, more particularly described in the legal description
attached hereto as Exhibit A ("Property").
B. The Planning and Zoning approvals for the Project on the Property obtained prior
to the Effective Date of this Agreement (collectively, the"Development Approvals") include but
are not limited to the following:
i. Legado Specific Plan (No. 2017-187) ("Specific Plan"). Establishes a
specific land use plan, designation of planning areas, development
standards, architectural design guidelines and landscape design guidelines
for development of a maximum of 1,061 dwelling units and up to 225,000
square feet of freeway-oriented commercial uses, with twenty-two (22)
Planning Areas, 12.9 acres of community park, 7.9 acres of linear and
pocket parks, and additional features and amenities on the Property, adopted
by the City Council of the City of Menifee ("City Council") on
dr$t n, ?OfDand provides the required contents of a Development
Plan in compliance with Government Code section65865.2.
ii. Change of Zone (No. 2017-188). Changes the zoning classification on the
Property from "Fleming Ranch Specific Plan Zone" to "Legado Specific
916/031858-0003
15029240.1 a05/03/20 EXHIBIT A – Page 1
EXHIBIT A
Legal Description of the Property
916/031858-0003
15029240.1 a05/03/20 EXHIBIT A – Page 2
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15029240.1 a05/03/20 EXHIBIT A – Page 3
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15029240.1 a05/03/20 EXHIBIT A – Page 4
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15029240.1 a05/03/20 EXHIBIT A – Page 5
916/031858-0003 15029240.1 a05/03/20 EXHIBIT B – Page 1 EXHIBIT B Map Showing Property and its Location
916/031858-0003 15029240.1 a05/03/20 EXHIBIT B – Page 2
916/031858-0003
15029240.1 a05/03/20 EXHIBIT C – Page 1
EXHIBIT C
Development Plan
916/031858-0003
15029240.1 a05/03/20 EXHIBIT C – Page 2
Exhibit C
Development Plan
The Development Plan under the Agreement is the plan for the Development1 of the Property, as
set forth in and regulated by the Development Approvals, planning and zoning standards,
regulations, applicable conditions of approval, and criteria for the Development of the Property,
all as contained in the following:2
1. The Menifee General Plan
2. Legado Specific Plan (No. 2017-187), which establishes a specific land use plan,
designation of planning areas, development standards, architectural design
guidelines and landscape design guidelines for development of a maximum of
1,061 dwelling units and up to 225,000 square feet of freeway-oriented commercial
uses, with twenty-two (22) Planning Areas, 12.9 acres of community park, 7.9 acres
of linear and pocket parks, and additional features and amenities on the Property
3. Title 9, Planning and Zoning, of the Menifee Municipal Code, as amended by
Change of Zone No. 2017-188, which changes the zoning classification on the
Property from “Fleming Ranch Specific Plan Zone” to “Legado Specific Plan
Zone” to reflect the adopted Legado Specific Plan.
4. Menifee Municipal Code Chapter 8.26, Grading Regulations
5. Title 7, Subdivisions, of the Menifee Municipal Code
6. The Design Guidelines of the City of Menifee, adopted by the Menifee City Council
on April 15, 2020.
7. Tentative Tract Map No. 37408, which proposes a subdivision of approximately
149.6 gross acres into 475 single-family residential lots and __ lots for open space,
park, landscape, monumentation, drainage, and storm drain purposes with single-
family residential lots with minimum lot sizes (depending on Specific Plan
Planning Area) of between 5,000 square feet and 7,000 square feet.
8. Tentative Tract Map No. 37409, which proposes a subdivision of approximately
159.1 gross acres into 547 single-family residential lots and __ lots for park,
landscape, monumentation, drainage, and storm drain purposes, with single-family
1 All capitalized terms used in this Exhibit C shall have the meaning assigned to those terms in
the Legado Development Agreement, to which this Exhibit C is attached.
2 Under Section 3.2 of the Agreement, except as otherwise provided in the Agreement, those
portions of the items listed on Exhibit C that govern permitted uses of the Property, the density
and intensity of use of the Property, the maximum height and size of proposed buildings, and the
design, improvement and construction standards and specifications applicable to Development of
the Property, shall govern the Development of the Property.
916/031858-0003
15029240.1 a05/03/20 EXHIBIT C – Page 3
residential lots with minimum lot sizes (depending on Specific Plan Planning Area)
of 5,000 square feet and 7,000 square feet.
9. Tentative Tract Map No. 37391. Proposes a large-lot subdivision of the Property’s
approximately 331.01 gross acres into twenty-six (26) parcels for park,
commercial, roadway, and financing purposes, including one 12.9 acre community
park.
10. The Mitigation Measures identified in Exhibit D.
11. All other ordinances, resolutions, codes, rules, regulations, CITY adopted plans
(including, but not limited to, trail plans and park master plans) and official policies
of CITY adopted and effective on or before the Effective Date governing
Development and use of land, including, without limitation, the permitted use of
land, the density or intensity of use, subdivision requirements, the maximum height
and size of proposed buildings, the provisions for reservation or dedication of land
for public purposes, and the design, improvement and construction standards and
specifications applicable to the Development of the Property.
12. Variances, conditional use permits, master plans, public use permits, and plot plans
that constitute Subsequent Development Approvals.
COMPLETE COPIES OF THE DEVELOPMENT PLAN ARE ON FILE
WITH THE CITY CLERK.
916/031858-0003 15029240.1 a05/03/20 EXHIBIT D – Page 1 EXHIBIT D Mitigation Measures
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916/031858-0003 15029240.1 a05/03/20 EXHIBIT E – Page 1 EXHIBIT E Development Impact Fees
916/031858-0003 15029240.1 a05/03/20 EXHIBIT E – Page 2 “Exhibit E” Development Impact Fees 20203 Land Use Law Enf. Fire Circulation Storm Drainage Animal Shelter General Govt. Public Use Facilities Parks – Land Acqn. Parks – Imp. Master Planning And Nexus Analyses Library Facilities Total – Maximum Justified Residential Fee Per Dwelling Unit Single Family Unit $ 231 $ 614 $ 4,670 $ 1,036 $ 148 $ 1,021 $ 154 $ 215 $ 661 $ 23 $ 66 $8,839 Multi-Family Unit $ 169 $ 452 $ 3,261 $ 570 $ 109 $ 752 $ 113 $ 159 $ 487 $ 17 $ 48 $ 6,137 Senior/ Assisted Living $ 89 $ 239 $ 1,802 $ 570 $ 57 $ 398 $ 59 $ 84 $ 257 $ 9 $ 26 $ 3,590 Nonresidential Fee Per 1,000 Sq. Ft. Commercial / Retail $ 58 $ 428 $ 7,736 $ 735 $ 123 $ 262 $ 0 $ 0 $ 0 $ 5 $ 0 $ 9,347 Commercial / Service / Office $ 77 $ 560 $ 5,946 $ 259 $ 160 $ 342 $ 0 $ 0 $ 0 $ 6 $ 0 $ 7,350 Industrial / Business Park $ 29 $ 208 $ 3,941 $ 425 $ 59 $ 127 $ 0 $ 0 $ 0 $ 2 $ 0 $ 4,791 3 This exhibit represents the DIF fee schedule in effect for all use categories; however, the Project subject to the Development Agreement only includes single family residential uses.
916/031858-0003 15029240.1 a05/03/20 EXHIBIT F – Page 1 EXHIBIT F Estimated Excess Contributions
LEGADO - VTTM 37408 & 37409
Circulation Facilities - Calculation of Developer Excess Contributions in Development Agreement
Segment/Intersection From : To Project Cost 1,6 Subtotal Project Cost A - Total
Project Cost
B - Percent
Allocated to
DIF 1
C - Circulation
DIF Allocation
(A x B)
D - Project
Residential
Circulation DIF
Credit 4
E - Other Project
Residential
Circulation DIF
Reimbursed (C - D)7
F - Other Project
Nonresidential
DIF Reimbursed 5
G - Developer Excess
Contributions
(A - D - E - F)
Encanto Drive 2 Hotel to Rouse Rd. $1,305,500
Rouse Road Encanto Dr. to Myles Ct.$549,275
Rouse Road Myles Ct. to Dawson Rd.$1,955,000
Rouse Road Dawson Rd. to Antelope Rd.$1,731,375
Antelope Road 3 Chambers Ave. to Rouse Rd. $1,306,300
Chambers Avenue Encanto Dr. to School $1,715,625
Chambers Avenue School to Sherman Rd.$549,875
Chambers Avenue Sherman Rd. to Chatham Ln.$1,249,700
Chambers Avenue Chatham Ln. to Antelope Rd.$726,750
Sherman Road Chambers Ave. to Rouse Rd.$3,196,750
Encanto Dr./Rouse Rd.N/A $350,000
Encanto Dr./Chambers Ave.N/A $350,000
Sherman Rd./Rouse Rd.N/A $350,000
Sherman Rd./Chambers Ave.N/A $350,000
Reimbursable Circulation Facilities Project Total (D + E + F)
Notes:
1. From City of Menifee Development Impact Fee Study Update (DIFSU)Table 5.3: Traffic Project List & Table 5.4: Traffic Signal Project List
2. Based on 45% of construction cost due to shorter segment length than what is included in DIFSU Table 5.3.
3. Based on 26% of construction cost due to half width construction and shorter segment length than what is included in DIFSU Table 5.3.
4. Based on DIFSU Circulation Facilities Impact Fee of $4,670 per Single Family Dwelling x 1,022 Units, Nonresidential Fees were not included. Actual credit will be determined by then applicable fees and total number of project dwelling units
5. Based on DIFSU Circulation Facilities Impact Fee of $7,736 per 1,000sf x 225,000sf. Actual reimbursement will equal non-residential specific plan area fees collected by City during reimbursement period.
6. Developer shall bear any costs of improvements in excess of the amounts shown in this exhibit.
7. Total reimbursement will be capped by the difference between then applicable Circulation DIF Allocation and actual credit provided under D. Reimbursement will be funded by fees collected city-wide during reimbursement period.
8. Unless specifically defined in the Project’s Conditions of Approval, construction of the following facilities shall be completed as follows:
Traffic Signals at Sherman/Chambers and Sherman/Rouse – completed as part of Development Phase 2 as defined in the approved Traffic Impact Analysis
Offsite Encanto Improvement from Hotel to south of PA18 – completed as part of Infrastructure Phase 3, as defined and illustrated in Figure 3-15 of the Legado Specific Plan
$7,293,497
Exhibit F-1
$8,392,653$780,157 $1,740,600
$14,286,150
$1,400,000
$4,772,740$15,686,150 35.40%$5,552,897
LEGADO - VTTM 37408 & 37409
Storm Drain Facilities - Calculation of Developer Excess Contributions in Development Agreement
Drainage Facility A - Project Cost 1,7 B - Percentage of
Public Benefit 2
C - Public Benefit
Project Cost (A x B)
D - Total Public
Benefit Cost
E - Drainage
Facilities DIF
Allocation 3
F - Project
Residential
Drainage DIF
Credit 4
G - Other Project
Drainage DIF
Reimbursed -
Residential5
H - Other Project
Drainage DIF
Reimbursed -
Nonresidential 6
I - Developer Excess
Contributions
(D - F - G - H)
PA-19 Drainage Basin $4,944,150 55%$2,719,283
Rouse Road Diversion $403,793 75%$302,845
East Chambers Ave. Storm Drain $1,219,095 75%$914,321
PA-21 Drainage Basin $1,822,425 55%$1,002,334
Rancho La Vita Diversion $240,375 75%$180,281
West Chambers Ave. Storm Drain $2,251,500 60%$1,350,900
Encanto Dr. Storm Drain $3,367,350 85%$2,862,248
Reimbursable Storm Drain Facilities Project Total (F + G + H)
Notes:
1. From K&A Cost Estimates dated Jan. 23, 2020
2. From City of Menifee e-mail on Jan. 28, 2020
3. From City of Menifee Development Impact Fee Study Update (DIFSU)Table 6.3: Total Cost of Facilities to Serve New Development - Encanto Drive Benefit Area
4. Based on DIFSU Storm Drain Facilities Impact Fee for Encanto Drive Benefit Area of $1,036 per Single Family Dwelling x 1,022 Units, Commercial Fees were not included
5. Based on DIFSU Table 6.2: Storm Drain Facilities Equivalent Dwelling Units - Encanto Drive Benefit Area Residential Growth EDU
Residential Projected Growth = 1,309 EDU
Legado Residential = 1,022 EDU
Residential Remaining = 287 EDU x $1,036/EDU = $297,332
6. Based on DIFSU Table 6.2: Storm Drain Facilities Equivalent Dwelling Units - Encanto Drive Benefit Area NonResidential Growth EDU
Nonresidential Projected Growth = 1,336 EDU x $1,036/EDU = $1,384,096
7. Developer shall bear any costs of improvements in excess of the amounts shown in this exhibit.
8. Unless specifically defined in the Project’s Conditions of Approval, construction of the following facilities shall be completed as follows:
Rouse Road Diversion – completed as part of Infrastructure Phase 1, as defined and illustrated in Figure 3-15 of the Legado Specific Plan
Rancho La Vita Diversion – completed as part of Infrastructure Phase 2, as defined and illustrated in Figure 3-15 of the Legado Specific Plan
Storm Drain diversion facilities along Chambers and Encanto Drive – completed as part of Infrastructure Phases 2 and 3 as illustrated in Figure 3-15 of the Legado Specific Plan
Exhibit F-2
$2,740,220
$1,058,792$9,332,211 $2,686,337 $6,591,991$297,332 $1,384,096
LEGADO - VTTM 37408 & 37409
Park Facilities - Calculation of Developer Excess Contributions in Development Agreement
Park Facility B - Percentage of
Public Benefit
C - Public Benefit
Project Cost (A x B)
D - Total Public
Benefit Cost
E - Park
Improvements DIF
Allocation 2
F - Park DIF
Credit 3,6,7
G - Park DIF & Lease
Revenue Reimbursed
(D - F - H)4
H - Developer Excess
Contributions8
Tr. 37408 Neighborhood Park $700,000 100%$700,000
Tr. 37408 Community Park $5,000,000 1 100%$5,000,000
Tr. 37408 Community Center $3,000,000
1 100% $3,000,000
Tr. 37408 & 37409 Paseo Legado $1,500,000 100%$1,500,000
Tr. 37409 Neighborhood Park $800,000 100%$800,000
Reimbursable Park Facilities Project Total (F + G)
Notes:
1. Based on negotiated costs with City subject to CPI for Tr. 37408 Community Park and Tr. 37408 Community Center per Exhibit F-4
2. Based on discussions with City the DIF Allocation is not applicable
3. Based on Park and Recreation Facilities Impact Fee for Park Improvements of $661 per Single Family Dwelling x 1,022 Units
4. Reimbursement calculated assuming $100,193 for lease revenue in addition to $661 per Single Family Dwelling x 3,365 Units. These figures are hypothetical only. Actual lease revenue and development impact fees may vary.
Reimbursement will be funded by park fees collected from areas to be designated by the Parties in the reimbursement agreement and by Community Park & Community Center lease revenue collected during reimbursement period.
5. Project Costs are inclusive of a 15% contingency and reflect not-to-exceed values as described in Section 6.2 of the Development Agreement
6. Quimby Fee satisfied by Developer donation of land to City for future park improvements
7. DIF Credit shall be determined separately for each park facility project
8. Subject to CPI per Exhibit F-4
$8,000,000$2,324,458
Exhibit F-3
A - Project Cost 5
$3,000,000
$675,542$11,000,000 N/A
LEGADO - VTTM 37408 & 37409
Park Facilities - Consumer Price Index (CPI) Increase
Maximum Cost for Neighborhood Parks & Paseos:3,000,000$ Developer Excess Contribution to Exhibit F-3 Facilities:8,000,000$
Annual CPI After Year 3 - Not to Exceed 1.5% or less than 0%120,000$ CPI
Maximum Cost for Community Park & Community Center:8,000,000$ 8,120,000$ Year 4 Max
Annual CPI After Year 3 - Not to Exceed 1.5% or less than 0%120,000$ CPI 121,800$ CPI
8,120,000$ Year 4 Max 8,241,800$ Year 5 Max
121,800$ CPI 123,627$ CPI
8,241,800$ Year 5 Max 8,365,427$ Year 6 Max
123,627$ CPI 125,481$ CPI
8,365,427$ Year 6 Max 8,490,908$ Year 7 Max
125,481$ CPI Year 7 and beyond - reduce CPI Not to Exceed 1% or less than 0%84,909$ CPI
8,490,908$ Year 7 Max 8,575,817$ Year 8 Max
Year 7 and beyond - reduce CPI Not to Exceed 1% or less than 0%84,909$ CPI 85,758$ CPI
8,575,817$ Year 8 Max 8,661,576$ Year 9 Max
85,758$ CPI 86,616$ CPI
8,661,576$ Year 9 Max 8,748,191$ Year 10 Max
86,616$ CPI 87,482$ CPI
8,748,191$ Year 10 Max 8,835,673$ Year 11 Max
87,482$ CPI 88,357$ CPI
8,835,673$ Year 11 Max 8,924,030$ Year 12 Max
88,357$ CPI 89,240$ CPI
8,924,030$ Year 12 Max 9,013,270$ Year 13 Max
89,240$ CPI 90,133$ CPI
9,013,270$ Year 13 Max 9,103,403$ Year 14 Max
90,133$ CPI 91,034$ CPI
9,103,403$ Year 14 Max CAP of CPI - Year 15 9,194,437$ Year 15 Max
91,034$ CPI
CAP of CPI - Year 15 9,194,437$ Year 15 Max
Exhibit F-4
Project Cost Developer Excess Contribution to Exhibit F-3 Facilities
(Exhibit F-3 Column A) (Exhibit F-3 Column H)
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EXHIBIT G
Assumption Agreement
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RECORDING REQUESTED BY
AND WHEN RECORDED, RETURN TO:
CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: City Attorney
(Space Above This Line For Recorder’s Use)
[PARTIAL] ASSIGNMENT AND ASSUMPTION
OF DEVELOPMENT AGREEMENT
This [PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT
AGREEMENT (“[Partial] Assignment”) is entered into as of _________________, 20__ (the
“Effective Date”), by and between _____________________________________ (“Assignor”),
and ___________________________ (“Assignee”).
RECITALS
A. BLC Fleming LLC, a Delaware limited liability company (“Original
Developer” [or “Assignor”]), and the City of Menifee, a municipal corporation (“City”) entered
into that certain “Legado Development Agreement”, dated _____________, and recorded on
________________, as Document No. ___________________ of Official Records, Riverside
County (the “Development Agreement” or the “DA”), pursuant to which Original Developer
agreed to develop certain property more particularly described in the Development Agreement
subject to certain conditions and obligations set forth in the Development Agreement.
B. Assignor is [the owner of or Original Developer’s successor-in-interest to]
the property more particularly described on Exhibit A attached hereto (the “Assignor Land”),
which is [all or a portion] of the property subject to the Development Agreement]
C. Assignee is purchasing [all or a portion] of the Assignor Land, as more
particularly described on Exhibit B attached here to (the “Property”), from Assignor, in accordance
with the terms of that certain [Purchase and Sale Agreement Description] (the “Purchase
Agreement”).
D. Pursuant to the terms of the Purchase Agreement, Assignor agreed to assign
and Assignee agreed to assume certain rights, interests and obligations and other terms and
conditions under the Development Agreement, as such right, interests and obligations relate to the
Property.
E. The purpose of this [Partial] Assignment is to set forth the terms and
provisions agreed upon between Assignor and Assignee with respect to the assignment of certain
rights and interests and the delegation of certain duties and obligations of Assignor under the
Development Agreement, as such rights, interests, duties and obligations relate to the Property.
916/031858-0003
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AGREEMENT
NOW, THEREFORE, Assignor and Assignee agree as follows:
1. Assignment. Assignor hereby assigns, conveys and transfers to Assignee all rights
and interests of Assignor, as the “Developer”, under the Development Agreement to the extent
such rights and interests relate to the Property, and Assignee hereby accepts such assignment.
[Notwithstanding the foregoing, Assignor shall retain (i) any and all rights under the
Development Agreement necessary to perform the Retained Obligations, defined below; and
(ii) those specific retained rights set forth on Exhibit C attached hereto (the “Retained
Rights”).]
2. Assumption of Obligations. [Except with respect to those specific retained burdens
and obligations of Assignor set forth on Exhibit C attached hereto (the “Retained
Obligations”),] Assignee hereby assumes all of Assignor’s duties and obligations under the
Development Agreement accruing after the date hereof, to the extent such obligations relate to
the Property, regardless of whether the obligations originate in the Development Agreement
itself or documents executed in connection therewith as a means to effectuate the intent of
those provisions, including, without limitation: (a) any indemnity obligations, to the extent
applicable to the Property or to Assignee by reason of its ownership of the Property, (b) any
obligation to follow and be bound by all applicable rules, regulations and policies, (c) any
obligation to pay any fees, assessments or exactions as may be imposed by the Development
Agreement, and (d) any obligations arising under the Development Agreement by reason of a
default of Assignee under the Development Agreement (with respect to any obligations
assumed by Assignee hereunder). Assignee agrees to provide City commercially reasonable
assurances of its performance of its obligations under the Development Agreement.
[Notwithstanding anything to the contrary in this Partial Assignment, Assignee acknowledges
that the Development Agreement runs with the land, therefore nothing in this Partial
Assignment shall be construed to excuse Assignee from general compliance with the
Development Agreement’s prohibitions, default and cure provisions, and other standard
provisions to the extent applicable to the Property.]
3. Development Agreement Transfer Provision. Assignor and Assignee understand
and agree that this Agreement is required to comply with Section 2.2 of the Development
Agreement.
4. Indemnity. Assignee agrees to indemnify, defend and hold harmless Assignor, its
affiliated entities and persons, and their respective members, managers, partners, officers,
directors, shareholders, employees and agents from any claims, demands, losses, liability,
damages, causes of action, costs or expenses (including reasonable attorneys’ fees) made against
or suffered by Assignor with regard to any failure by Assignee to perform any term or condition
of the Development Agreement, to the extent such term or condition relates to the Property, from
and after the date hereof, and Assignor shall indemnify, defend and hold harmless Assignee, its
affiliated entities and persons, and their respective members, managers, partners, officers,
directors, shareholders, employees and agents from any claims, demands, losses, liability,
damages, causes of action, costs or expenses (including reasonable attorneys’ fees) made against
916/031858-0003
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or suffered by Assignee with regard to any failure by Assignor to perform any term or condition
of the Development Agreement, as it relates to the Property, before the date hereof.
5. Miscellaneous.
5.1. Interpretation; Governing Law. This [Partial] Assignment shall be
construed according to its fair meaning and as prepared by both parties hereto. This
[Partial] Assignment shall be construed in accordance with and governed by the laws of
the State of California.
5.2. Attorneys’ and Other Fees. In the event of any dispute between the
parties hereto or institution of any action or proceeding to interpret or enforce the
provisions of this [Partial] Assignment, or arising out of the subject matter of this [Partial]
Assignment or the transaction contemplated hereby, the prevailing party shall be entitled
to recover from the losing party all of its costs and expenses incurred, including court costs
and reasonable attorney’s fees and expert witness fees.
5.3. Authority. Each of the parties hereto represents and warrants to the
other that the person or persons executing this [Partial] Assignment on behalf of such party
is or are authorized to execute and deliver this [Partial] Assignment and that this [Partial]
Assignment shall be binding upon such party.
5.4. Further Assurances. Assignor and Assignee each agree to do such
further acts and things and to execute and deliver such additional agreements and
instruments as the other may reasonably request to consummate, evidence, confirm or
more fully implement the agreements of the parties as contained herein.
5.5. Execution in Counterparts. This [Partial] Assignment may be
executed in several counterparts, and all originals so executed shall constitute one
agreement between the parties hereto.
5.6. Conflict. Nothing in this [Partial] Assignment is intended to modify
or amend the respective obligations of Assignor and Assignee under the Purchase
Agreement between Assignor and Assignee which gave rise to this [Partial] Assignment
and, in the event of any conflict between this [Partial] Assignment and the Purchase
Agreement, as between Assignor and Assignee the provisions of the Purchase Agreement
shall supersede and control over this Partial Assignment.
5.7. Recordation. The parties hereby authorize this [Partial] Assignment
to be recorded in the records of Riverside County upon the date hereof.
5.8. Successors and Assigns. This [Partial] Assignment shall be binding
upon and inure to the benefit of the respective successors, assigns, personal
representatives, heirs and legatees of Assignor and Assignee.
5.9. Notice. All notices to Assignee under the Development Agreement
should be addressed as follows:
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_____________________
_____________________
_____________________
_____________________
Attn: _____________________
With a copy to:
_____________________
_____________________
_____________________
Attn: _____________________
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have executed this [Partial] Assignment as of the
date set forth below its name below.
“ASSIGNOR”
_____________________,
a _____________________
By: ___________________________________
Date: ___________________________________
By: ___________________________________
Date: ___________________________________
“ASSIGNEE”
_____________________,
a _____________________
By: ___________________________________
Date: ___________________________________
By: ___________________________________
Date: ___________________________________
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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 CALIFORNIA )
) ss:
COUNTY OF )
On ____________,20__ before me, _____________________________________________
(insert name and title of the officer),
personally appeared , 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.
WITNESS my hand and official seal.
Signature: _______________________________________
[Seal]
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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 CALIFORNIA )
) ss:
COUNTY OF )
On ____________,20__ before me, _____________________________________________
(insert name and title of the officer),
personally appeared , 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.
WITNESS my hand and official seal.
Signature: _______________________________________
[Seal]
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EXHIBIT “A”
TO [PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF THE ASSIGNOR LAND
[TO BE INSERTED]
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EXHIBIT “B”
TO [PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF THE PROPERTY
[TO BE INSERTED]
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EXHIBIT “C”
TO [PARTIAL] ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
RETAINED RIGHTS AND OBLIGATIONS
[TO BE INSERTED]
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EXHIBIT H
Off Site Improvements and Fair Share Fees
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