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2014/09/10 Stark Menifee Land, LLC Judicial Council of CA APN 360-080-002s QR� N �i 1 V ��'✓�. y��.��y��t��`3 ��x�r��z��r�,�'3` �('`'a'�'`>L�§������ �� z AEEWPackage fi FeaEy Express J Al%Ulj' 8 75 6 0716 2263 He 9_ Please pri�nt-Fandpress herd. 4 Express Package SoNiee-mmeannpomm. Packages up to 150lbs,/q $coder,""" SF NTT ii S Ill" p NOE:e°rvicvPAR, A,ehee..a Please evldlamr_1ss, hrpwko eevuerl Ib doe lNenvw t/ Account Number �t'•'�3'�.I I"'a'.n'7s�r9il v t,apadpmeesaAbrueNnllb der', �¢.nll.�,ti, 1e Phonel51i 672--6777 CSTY of." lHLNTFE:E rase 29714 HAUN RD DvpUFlvvr(Sal amm ❑ ed Ed Oa, ava oightdmroerymr•le°r mn aaa°a, Fna.v aNpma am wql ba Jalda ree en Me aeyunlon Elect A DeIlvvrybsvlLNva. F Hd. Priority Overnight sherado°°°Maneovuiaeaelot Da elvay mevly°rva. ❑ eStandard Overnight Nouiaos,Nad.- sal%, Deldr, or amleue, ❑ s EIV FOdes 2Da AA,M. 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Oval moot tlpuw�i°.. bass or KEdaF cc Lee o•prma°ps°nysoem HOLD Saturday Foa4 acae, address ress RENllem, radisdeaML olv lw II•Ima forme HOLDseeaoc addressor for a°°ueavaae or your ampploA address y�❑MMtn clarttsbraId- -SO-A 1'�'g�,f i SaI State C-p - zip 04 37743725 No Signature Required Direct Sl nature Indirect Slpnature ❑ Peek ayee lenwlNON ❑ svm nevlre'eai l.nre eadreee lot ^•i••ninNe enoolplano °hNininA aelAnvday for avlivery mvy stye (or aolXery. he appll•v ❑ tlaressme °IAL fordvllveryhForA reeldered.Ibvaemclpke ImAles, Does this shipment contain dangerous goods? uaa b°•maslb°mmaNau.- jeoND ❑ Yes r.naabea ❑ Yaipuaramaerama ❑ Orylce 6MPPoln pndemdon rmpolred Dry¢e,A,uN1Ms _y ad E.,wo spedsineedle, drdeaanvalbnedipa•dlohdEA,u Al°A ❑ Cargo Aircraft Only erpmeadma NdEsE,Amenompsm. 7 Payment Biller EnmrkaExgccr. No. or Cretle Wrd NL.below. Il,�er - 1s`11b e;1' 1, doors ❑ Recipient ❑ Third Party ❑ Cred@Card ❑ Cash/Check Total Packages Total Weight Total Declared Valuer Ibe a Innalidellyij Narll AA l'Ibllirydmdoiecn0obvekvlN'ePlrhlvnalnNeco Soubemkrsucaramveyavld"ItEVlnpltyms 6 11 Rev 0 ate IIll 0-Pea al M1A-@1 all 0 Fad 4- POINTED IN J S A SRS IMenifee Scott A. Mann Mayor Wallace W. Edgerton Deputy Mayor Greg August Councilmember Thomas Fuhrman Councilmember John V. Denver Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 vww. c ity of m e n if a e. u s September 10, 2014 TO: Holland and Knight 50 California St., Ste. 2800 San Francisco, CA 94111 Attn: Tamsen Plume RE: MOU New Menifee Courthouse Project Enclosed are two original Memorandum of Understanding agreements executed by the City for processing. If you have any questions please contact Gina Gonzalez, ggonzalez(aDcityofinenifee.us. Thank you, Jennifer Allen Deputy City Clerk WHEN RECORDED MAIL TO Judicial Council of California Real Estate and Facilities Management 455 Golden Gate Avenue, 8th floor San Francisco, CA 94102 Attn: Manager, Real Estate OFFICIAL STATE BUSINESS - EXEMPT FROM RECORDING FEES PURSUANT TO GOV'T. CODE SECTION SPACE ABOVE THIS LINE FOR 27383 AND DOCUMENTARY TRANSFER TAX PURSUANT RECORDER'S USE TO REVENUE AND TAXATION CODE SECTION 11922 Portion of APN: 360-080-002 (portion) MEMORANDUM OF UNDERSTANDING REGARDING THE NEW MENIFEE COURTHOUSE PROJECT THIS MEMORANDUM OF UNDERSTANDING REGARDING THE NEW MENIFEE COURTHOUSE PROJECT ("MOU") is made and entered into on the day of 2014 ("Effective Date") by and between the City of Menifee, a California municipal corporation ("City"), and the State of California acting by and through the Judicial Council of California (the "State") (each a "Party" and collectively, the "Parties"), BACKGROUND AND PURPOSE OF THE AGREEMENT A. The State is negotiating with Stark Menifee Land, LLC, a Wisconsin limited liability company (the "Seller") for the purchase by the State of a parcel of real property consisting of approximately 5.26 acres and all privileges, entitlements, easements, and appurtenances pertaining to the land and any improvements located thereon known as the "Courthouse Site" located in the City of Menifee, County of Riverside, State of California (the "Real Property"), a legal description of which is attached hereto as Exhibit "A". B. The State is acquiring the Real Property with the intention of designing and constructing certain civil court facilities and related improvements thereon, for use by the Superior Court of California, County of Riverside (the "Court") as a new courthouse (the "New Menifee Courthouse Project" or the "Project"). C. The Real Property is located within an area of the City subject to that certain "Development Agreement Regarding the Town Center Specific Plan Project" by and between the City and Seller dated June 13, 2011 and recorded June 21, 2011, as Document No. 2011-0272260 in the Official Records of the County of Riverside ("Official Records") ("Original DA"), as amended by that certain First Major Amendment to Development Agreement Regarding the Town Center Specific Plan Project ('First Amendment"). The Original DA, First Amendment, and any further amendments thereto, are hereinafter, collectively, the "DA". Under the terms of Section 3.20 of the Original DA, the Real 1 Property was designated as the "Courthouse Site" and the Seller is required by the City to offer the Real Property to the State for the purpose of the constriction and operation of a courthouse. D. Because the City desires that the State acquire the Real Property and complete the New Menifee Courthouse Project, the City is willing to enter into this MOU regarding the application of the DA to Real Property and the Project, and the collection of various fees with respect to the Project. NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows: AGREEMENT 1. The City acknowledges and agrees that because the New Menifee Courthouse is a State project subject to State law and permitting requirements, any and all restrictions, controls, limitations, or prohibitions on the use or development of the Real Property imposed by the DA shall not apply to the construction, maintenance, or operation of the Project so long as the State holds title to the Real Property. Notwithstanding the preceding, the Parties agree and acknowledge that this MOU shall not affect or impact section 3.20 of the Original DA which governs the sale of the Real Property to the State including the terms and conditions of the sale as well as requirements for the Seller to provide appropriate infrastructure to the Real Property. 2. The State acknowledges and agrees that in connection with the construction, maintenance, and operation of the Project, it shall pay when due: (i) all those fees, assessments and levies, if any, that are required under any applicable mitigation measures adopted and approved by the State for the Project under the California Environmental Quality Act, (ii) every applicable capacity facilities fee, if any (as defined in Government Code section 54999.1), and (iii) all applicable fees, rates, charges, or surcharges for public utility services, if any, as provided in Government Code section 54999.7. 3. The City and the State shall each sign any further documents or take any other actions reasonably requested by the other Party to evidence or implement terms of this Agreement. 4. This MOU shall be recorded in the Official Records and is binding on and inures to the benefit of the City, and the State and their respective successors and permitted assigns. 5. This MOU is solely for the benefit of and may only be enforced by the Parties. No third parties are to be benefitted by or have any rights to enforce this Agreement, except that the Court is an intended beneficiary of the State's rights under this Agreement. 6. Notices and other communications to be given hereunder shall be in writing and shall be delivered to the Parties at the following addresses: If to City: City of Menifee Attn: City Manager 29714 Hann Road Menifee CA 92586 With a copy to: City Attorney 29714 Haun Road Menifee CA 92586 If to State: State of Califon-ia c/o Judicial Council of California Capital Program 2860 Gateway Oaks Drive, Suite 400 Sacramento, CA 95833 Attn: Manager, Design and Construction With a copy to: Judicial Council of California Legal Services 455 Golden Gate Avenue, 5th Floor San Francisco, CA 94102 Attn: Supervising Attorney, Real Estate Unit Unless otherwise expressly provided in this Agreement, notices and other communications given under this Agreement shall be deemed delivered as follows: (a) if given by personal delivery, including overnight courier service, on the date actually delivered to the recipient Party; (b) if given by facsimile transmission, on the date shown on the transmission confirmation report produced by the sending Party's facsimile machine; or (c) if given by certified U.S. mail, return receipt requested and postage pre -paid, four business days after the date deposited in the U.S. mail. Notwithstanding the foregoing, any notices or other communications delivered after 5:00 p.m. on weekdays, or on weekends or holidays, shall be deemed received at 9:00 a.m. or the next business day after the date of such delivery. law principles. This MOU shall be governed by the internal laws of the State, without resort to choice of SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the day and year first written above. CITY OF MENIFEE, a California municipal STATE OF CALIFORNIA, acting by and through corporation A A the JUDICIAL COUNCIL OF CALIFORNIA By: By: Printed Nan : Robert Jo son Name: Curtis L. Child Title: City nager Title: Chief Operating Officer Date: q't o h4 Dated: APPROVED AS TO FORM: APPROVED AS TO FORM: Judicial Council of California, Legal Services Office By: Ciff Attorney By: ATTEST: Name: Leslie G. Miessner Title: Supervising Attorney, Real Estate Unit By: Dated: City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 11'1VLrS1A_0 CIVIL CODE § 1189 On before me, r ��Q/� j�p}wu 'Pt.VI; Dat Here Insert Name and rrtle of the Onicer ' personally appeared Name(s) of Signer(s) 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/site/they executed the same in JENNIFER ALLEN his/her/their authorized capacity(ies), and that by Commission # 1984645 L his/her/their signature(s) on the instrument the z ys Notary Public -California D person(s), or the entity upon behalf of which the z vr� Riverside County personM acted, executed the instrument. My Comm. Expires Jul 9, 2016 ' 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 Place Notary Seal Above OPTIONAL — —Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 Title or Type of Document: MOU . r l l grl!�-XG C ll�rL�pt�� o tram' cA7 Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — El Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — El Limited El General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -�1 v co m. ,reomini nom,y ebswiarmn • nanonanvorary.org • r-auu-ua Nutnnr (1-auu,ju-6821) Item #5907 EXIIIIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY [legal to be inserted] A -I AOC ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On before me, , Notary Public, personally appeared CURTIS L. CHILD, 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)