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2020/09/23 Agreement CFD Agreement - Menifee Village - TM Nos. 32102-1 and 321029123t2020 Batch 7624359 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Menifee 29844 Haun Road Menifee, California 95286 Attention: City Clerk DOC # 2020-0452149 0912312020 01.42 PM Fees. $0.00 Page 1 oI 12 Recorded in Official Records County of Riverside Peter Aldana Assessor-Cou nty Clerk-Recorder *'This document was electronically submitted to the County of Riverside for recording'" Receipted by: MARY #420 EXEMPT FROM FILING FEES GOVERNMENT CODE S 6103 (Space above for Recorde/s Use) AGREEMENT REGARDING ANNEXATION INTO A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR Menifee Village -Tract Map Nos. 32102-1 and 32102 between THE CITY OF MENIFEE a California municipal corporation and Diamond Brothers Five Partnership, LP as the Developer 882/0318s8-O003 1528/,AO1 4 aO1l1Ol2O https ://gs.secure-recording.com/BatchiConfi rmation/7624359 112 9t23t2020 882/031858-0003 L528/,BA3.4 aO1 /1Ol2O Batch 7624359 Confirmation DOC #2O2O-O452149 Page 2 ot 12 AGREEMENT 1. Partles and Date This AGREEMENT REGARDING ANNEXATIoN tNTo A coMMUNlrY FAclLrrES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR Menifee Village - Tract Map., Nos.3210p-'l and3?1O2(hereinafterreferred to as "Agreement") isentered inlo as of thisy'fA day of t+,gqct ,2020, by and between the City of Menifee, a California municipil corporation (hbrein-after referred to as "City") and, Diamond Brothers Five Partnership., LP, with its principal place of business at3200 Guasti Road, Suite 100" Ontario, CA 91761 (hereinafter referred to as "Developer"). 2. Recitals. 2.1 Developer has submitted to the City for its approval of Tract Map Nos. 32102-1 and 32't02, a proposed development of the property located North of Domenigoni Parkway at Lindenberger Road in the City of Menifee (hereinafter referred to as the "Property"). The Property is more specifically described as being a portion of Parcel A together with a portion of Parcel B of Lot Line Adjustment 0522'l recorded November 26,2008 as lnstrument No.2008-0627851, together with a portion of Parcel 34 per Parcel Map 21838 as shown in book 146, Pages 1 through 26 inclusive, of Official Records of Riverside County, State of California. The Property is as legally described in Exhibit'A" attached hereto and incorporated by reference. 2.2 On or about September 27, 2005, the County of Riverside approved Tentative Tract Map No. 32102 (hereinafter referred to as "TTM 32102") subject to satisfactory completion of the Conditions of Approval issued in connection with the County's approval of TTM 32102. ln 20'19, the City of Menifee approved Extension of Time 2018-178 which extended the life of TTM 32102 to September 27,2019. Developer has submitted an application to extend Extension of Time 2018 (PLN 19-0026) that will extend the life of TTM 32102 to September 27 ,2020, Pursuant to Condition of Approval No. 219, issued in connection wrth PLN 19-0026 (hereinafter referred to as "COA 2'19"), the Developer is required prior to City's issuance of a Certificate of Occupancy, to annex the Property into a Citywide Landscape and Lighting Maintenance District CFD 2017-1 (hereinafter referred to as the 'CFD') for the maintenance of streets within public right of way located within the Property. 2.3 Developer and City desire to enter into this Agreement for the purpose of complying with COA 219. 2.4 This Agreement is made in consideration of the approval of Tract Map Nos. 32102- 01 and 32102 pursuantto Resolution PLN 19-0026. 3. Terms. 3.1 Petition. As owner of the Property, Developer shall sign a petition, at no cost, expense or other obligation to City, to annex the Property into the CFD. 3.2 Fair Share of Costs. Developer shall pay its fair share of all costs necessary for the annexation of the Property into the CFD. Such costs shall include, but shall not be limited to, all administrative, publication, engineering and legal costs and fees of any kind related to the annexation of the Property into the CFD. 3.3 lnclusion. Developer understands, acknowledges and agrees that it shall not be authorized to sell, transfer or in any other manner convey any of the Property prior to the inclusion of the Property in the CFD, which is currently in the process of formation pursuant to all requirements of state and local laws, rules and regulations. https ://gs.secure-recordi ng. com/Batch/Confi rmation/7624359 1- 2t2 3.4 lndemnification Developer shall indemnify, defend and hold City and City's officials, officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to Developer's negligent acts, omissions or willful misconduct relating to this Agreement. 3.5 Amendment. The terms and conditions of this Agreement may be altered, changed or amended only by written agreement of the parties hereto. 3.6 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. ttlailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. City: City of Menifee 28944 Haun Road Menifee, California 92586 Attn: City Clerk Developer:Diamond Brothers Five Partnership, LP 3200 Guasti Road, Suite 100., Ontario, CA 91761 Attn: George Chang, General Partner 3.7 Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the parties. 3.8 Recordation. City shall cause this Agreement to be recorded with the Riverside County Recorder's Office. 3.9 Covenant Running With the Land. The covenants in this Agreement are covenants running with the Property, in accordance with the provisions of Civil Code Section 1468. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the Property and shall be binding upon all persons having any right, title or interest in the Property, or any part thereof, their heirs, successive owners and assigns; shall inure to the benefit of the City and its successors and assigns, shall be binding upon Developer, its successors and assigns and successors in interest: and may be enforced by the City and its successors and assigns. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land by enhancing and increasing the enjoyment and use of the Property, and by furthering the public purposes of the City. 3.10 Attorney's Fees. Should either party bring a legal action for the purpose of protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses and costs of suit, including expert witness fees. 3.11 Governinq Law. This Agreement shall be governed by the internal laws of the State of California, without regard to conflict of law matters. Venue shall be in Riverside County. 3.12 Headinqs. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision. 882/0318s8-0003 L5284aO3.4 a1l /3Ol2O 2- 3.13 Entire Aqreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision. lN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. CITY OF TVIENIFEE a California municipal corporation By: 1r.X,>,- M ayor (f i [p} ^ r*s<tu+tt Attest DIAMOND BROTHERS FIVE PARTNERSHIP, LP a California Limited Partnership Geo iao-Tu By: By. wo1 882/0318s8-0003 752U8O3.4 ao7l3ol20 { -3- 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 County of L,s ln hq,rst*h, ?-o z,before me,0rn'r} 7ol"h --tl On t' Notary Public, personally appeared (insert name and title of the officer) G"ont C [.iro - T..,,-g g[a-s \--' , who proved to me on the basis of satisfactory evidence to be the person(r) whose name(r) is/are subscribed to the within instrument and acknowledged to me that he/sM/theV executed the same in his/her/thCir authorized capacity(iee), and that by his/hqr/tl"Eir signature(r) on the instrument the person(a), or the entity upon behalf of which the person(r) 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 C n^r^l-Signatu 882/0318s8-0003 $2A48O3.4 aO7/30120 (9 l-o m (Seal) ERNEST ZULETA coMM...2187350 NOTARY PUBLIC.CALIFORI'{IA LOS ANGELES COUNTY Toirir Exp, March 20,2021 tn ) ) 882/0318s8-0003 1s284803.4 aO7 l3O/20 EXHIB!T "A'' LEGAL DESCRIPTION OF PROPERry Exhibit "A" -1.- LEGAL DESCRIPTION FOR TRACT NO. 32102.1ANNEXATION IN THE CITY OF MENIFEE, COUNW OF RIVERSIDE, STATE OF CAIIFORNIA THOSE PORTIONS OF PARCEL A AND PARCEL B OF LOT LINE ADJUSTMENT 05227, RECORDED NOVEMBER 26,2008 AS INSTRUMENT NO. 2008-0627851 OF OFFICIAL RECORDS OF RIVERSIDE COUNW, STATE OF CALIFORNIA, LOCATED WITHIN THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, SAID PORTIONS BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST OF PARCEL B OF SAID LOT LINE ADJUSTMENT 05221, ALSO BEING ON THE CENTERLINE OF LINDENBERGER ROAD; THENCE ALONG THE WEST LINE OF SAID PARCEL B, SAID WEST LINE ALSO BEING THE CENTERLINE OF LINDENBERGER ROAD, NORTH 00'30'26'' EA'T,2,649.47 FEET TO THE NORTH WESTCORNER OF SAID PARCEL B: THENCE SOUTH 89"29'34'' EAST, 5O.OO FEET TO THE EASTERLY RIGHT OF WAY OF LINDENBERGER ROAD; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 00"30'26" WEST, 282.43 FEET; THENCE SOUTH 39"52'38'' EAST, 26.24 FEET; THENCE SOUTH 89"29'32" EAST,77.99 FEET; THENCE NORTH 51"50'53'' EAST, 32.02 FEET; THENCE SOUTH 89"29'32'' EAST, 56.00 FEET; THENCE SOUTH OO"3O'28'' WEST, 74L.82 FEET, TO THE BEGINNING OF TANGENT CURVE CONCAVE CAVE EASTERLY, HAVING A RADIUS OF 272.OO FEET; THENCE SOUTHERLY ALONG SAID CURVE 203.69 FEET THROUGH A CENTRAL ANGLE OF 42"54'23''; THENCE NORTH 7T"23'47" EAST, 105.40 FEET; THENCE SOUTH 89"01'07'' EAST,39O.OO FEET; THENCE SOUTH 72"15'OO" EAST, 55.85 FEET; THENCE NORTH 34"50'OO" EAST, 14.52 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 272.0O FEET; -THENCE NORTHEASTERLY ALONG SAID CURVE 46.59 FEET THROUGH CENTRAL ANGLE OF 09"48'53''; THENCE SOUTH 64"58'53" EAST, 56.00 FEET; THENCE SOUTH 79"49'47" EAST, 126.32FEET; THENCE SOUTH 34"50'OO'' WEST, 318.47 TEET; THENCE SOUTH 55"10'OO'' EAST, 176.00 FEET; THENCE NORTH 34"50'OO'' EAST, 13.11 FEET; Page L of 3 LEGAT DESCRIPTION FOR TRACT NO. 32102.1ANNEXATION IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THENCE SOUTH 55"10'OO" EAST, 283.81 FEET; THENCE SOUTH 64"08'2T" EAST, 57.71 FEET; THENCE SOUTH 55"].0'OO'' EAST,61.24 FEET; THENCE SOUTH 5]."40'OO" WEST, 17.85 FEET; THENCE SOUTH 36"37'26" WEST, T1.6.62 FEET; THENCE NORTH 75"10'OO'' WEST, 5.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 48.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 75"08'07'' WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 33.48 FEET, THROUGH A CENTRAL ANGLE OF 39"58'07''; THENCE SOUTH 35"10'OO'' EAST, 33.12 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE, SOUTH 34"22'33" WEST, 794.48 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 85"22'56'' WESI 58.84 FEET TO THE NORTHEASTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD; THENCE NORTHWESTERLY ALONG SAID LINE NORTH 55"37'51" WEST, 440.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 811.53 FEET TO WHICH A RADIAL LINE BEARS NORTH 32"47'27'' EAST; THENCE NORTHWESTERLY ALONG SAID CURVE 619.36 FEEI THROUGH A CENTRAL ANGLE OF 43"43'40" TO THE EASTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD; THENCE SOUTH ALONG SAID RIGHT OF WAY LINE SOUTH 00"30'26" WEST, 767.47 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,150.00 FEET, TO WHICH A RADIAL LINE BEARS NORTH 66"26'05'' EAST TO THE WESTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD; THENCE SOUTHEASTERLY ALONG SAID CURVE 330.93 FEET, THROUGH A CENTRAL ANGLE OF 76"29'15"; THENCE SOUTH 07"51'57" EAST, 5.75 FEET; THENCE SOUTH 36"16'47" EAST,93.88 FEET; THENCE SOUTH 78"08'03" EAST, 24.84 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1,150.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 44"03'10'' EAST Page 2 of 3 LEGAL DESCR!PTION FOR TRACT NO. 32102-l ANNEXATION IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNTA AND ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD; THENCE SOUTHEASTERLY ALONG SAtD CURVE, !52.93 FEEI THROUGH A CENTRAL ANGLE OF 07"37',70"; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 53"34'OO" EAST 104.22 FEET; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 55"37'26" EAST, 259.88 FEET; THENCE SOUTH 07"03'02'' EASI 45.28 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY; THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 34"22'33" WEST, 639.79 FEET TO THE SOUTHERLY LINE OF PARCEL B OF SAID LOT LINE ADJUSTMENT; THENCE ALONG SAID SOUTH LINE, NORTH 89"18'52'' WEST, 374.82 FEET TO THE POINT OF BEGINNING. CONTAINING 43.630 ACRES, MORE OR LESS. PREPARED UNDER MY SUPERVISION a/r/zoza ROBERT SCIPIOBLUME, P.1.S.9154 DATE No. 9154 Exp. 3/31/21 SCI e o- CAL L -< Page 3 of 3 LEGAT DESCRIPTION FOR TRACT MAP NO. 32IO2 ANNEXATION IN THE CIW OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THOSE PORTIONS OF PARCEL A AND PARCEL B OF LOT LINE ADJUSTMENT 0522L, RECORDED NOVEMBER 26,2008 AS INSTRUMENT NO. 2008-0627581TOGETHER WITH A PORTION OF PARCEL 4 OF LOT LINE ADJUSTMENT 4874, RECORDED JUNE 24, 2OO5 AS INSTRUMENT NO. 2005.0501831 BOTH OFFICIAL RECORDS OF RIVERSIDE COUNW, STATE OF CALIFORNIA LOCATED WITHIN THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, SAID PORTIONS BEING DESCRIBED AS FOLLOWS: COMENCING AT THE NORTHWEST CORNER OF PARCEL B OF SAID LOT LINE ADJUSTMENT NO. 2OO8- 062758L, SAtD CORNER ALSO BETNG ON THE CENTERLTNE OF LTNDENBERGER ROAD (50 FEET HALF wrDTH); THENCE SOUTH 89"29'34" EAST 5O.OO FEET ALONG THE NORTH LINE OF SAID PARCEL B SOUTH TO THE EASTERLY RIGHT OF WAY LINE OF LINDENBERGER ALSO TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SAID PARCEL B AND THE NORTH LINE OF SAID PARCEL A, SOUTH 89"01'07" EAST 1,263.36 FEET; THENCE ALONG THE WEST LINE OF SAID PARCEL B AND THE WEST LINE OF PARCEL 4 OF LOT LINE ADJUSTMENT NO. 2005-0501831 NORTH 00"32',58" EASI 325.23 FEET; THENCE SOUTH 80'07'02'' EAST, 449.45 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1,2OO.OO FEET; THENCE SOUTHERLY ALONG SAID CURVE ,822,39 FEET THROUGH A CENTRAL ANGLE OF 39"15'58''; THENCE SOUTH 29"23'OO'' EAST, 81.13 FEET TO THE BEGINNING OF A NON.TANGENT CURVE CONCAVE SOUTH EASTERLY ON THE RIGHT OF WAY OF DOMENGONI PARKWAY, HAVING A RADIUS OF 2,076 FEET, TO WHICH A RADIAL LINE BEARS NORTH 32"I6'L7" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE OF THE RIGHT OF WAY, 846.15 FEET THROUGH A CENTRAL ANGLE OF 23"2L'10"; THENCE CONTINUING ALONG RIGHT OF WAY LINE, SOUTH 34"22'33" WEST, 125.85 FEET; THENCE NORTH 35"].0'OO'' WEST, 33.12 FEET TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 48.00 FEET, TO WHICH A RADIAL LINE BEARS SOUTH 35"10'OO" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, 33.48 FEET, THROUGH A CENTRAL ANGLE OF 39'58'07''; THENCE SOUTH 75"].0'OO'' EAST, 5.73 FEET; THENCE NORTH 36"37'26" EAST, 116.62FEET; Page 1 of 3 LEGAL DESCR!PTION FOR TRACT MAP NO. 32IO2 ANNEXATION IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THENCE NORTH 5]-"40'OO" EAST, 17.85 FEET; THENCE NORTH 55"]-O'OO'' WEST, 6I.24FEET; THENCE NORTH 64"O8'2L" WEST, 57.7L FEET; THENCE NORTH 55"10'OO" WEST,283.81 FEET; THENCE SOUTH 34"50'OO" WEST, 13.11 FEET; THENCE NORTH 55"].0'OO" WEST, 176.00 FEET; THENCE NORTH 34"50'OO'' EAST,318.47 FEEI; THENCE NORTH 79"49'47" WEST, L26.32 FEET; THENCE NORTH 54"58'53'' WEST, 56.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 272.00 FEET, TO WHICH A RADIAL LINE BEARS NORTH 64"58'53" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE ,46,59 FEET THROUGH A CENTRAL ANGLE OF 09"48'53''; THENCE SOUTH 34"50'OO'' WEST, T4.52 TEET; THENCE NORTH 72"].5'OO'' WEST,55.85 FEET; THENCE NORTH 89"01'07'' WEST,39O.OO FEET; THENCE SOUTH 7T"23'47" WEST, 1.05.40 FEET TO THE BEGININNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 272.OO FEET TO WHICH A RADIAL LINE BEARS NORTH 47"36'05" EAST; THENCE NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 203.69 FEET THROUGH A CENTRAL ANGLE OF 42"54'23"; THENCE NORTH OO"3O'28'' EAST, 141.82 FEET; THENCE NORTH 89"29'32" WEST, 56.00 FEET; THENCE SOUTH 51'50'53'' WEST, 32.O2FEET; THENCE NORTH 89"29'32" WEST,78.00 FEET; THENCE NORTH 39"5L'24" WEST, 26.25 FEET TO THE EASTERLY RIGHT OF WAY LINE OF LINDENBERGER ROAD (50 FEET HALF-WTDTH); THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE, NORTH OO"3O'28" EAST, 282.41 FEET TO THE TRUE POINT OF BEGINNING Page 2 of 3 LEGAL DESCRIPTION FOR TRACT MAP NO. 32102 ANNEXATION IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA CONTAINING 32.815 ACRES, MORE OR LESS. PREPARED UNDER MY SUPERVISION e/efo* ROBERT SCIPIOBLUME, P.1.S.9154 DATE No. 9154 Exp.3/31/21 SC CA L o_ Page 3 of 3