2014/01/01 Riverside, County New Mid County Civil Courthouse Project - Unsigned 1
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
27383 AND DOCUMENTARY TRANSFER TAX PURSUANT
TO REVENUE AND TAXATION CODE SECTION 11922
SPACE ABOVE THIS LINE FOR
RECORDER’S USE
Portion of APN: 360-080-002 (portion)
MEMORANDUM OF UNDERSTANDING
REGARDING THE RIVERSIDE – NEW MID-COUNTY CIVIL COURTHOUSE
PROJECTNEW MENIFEE COURTHOUSE PROJECT
THIS MEMORANDUM OF UNDERSTANDING REGARDING THE RIVERSIDE – NEW
MID-COUNTY CIVIL 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 civilcourt facilities and related improvements thereon, for use by the Superior Court of California,
County of Riverside (the “Court”) as a new courthouse (the “Riverside – New Mid-County Civil
Courthouse ProjectNew 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,
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are hereinafter, collectively, the “DA”. Under the terms of Section 3.20 of the Original DA, the Real
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 construction and operation of a courthouse.
D. Because the City desires that the State acquire the Real Property and complete the
Riverside – New Mid-County Civil Courthouse ProjectNew 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 Riverside – New Mid-County Civil
Courthouse ProjectNew 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 Haun Road
Menifee CA 92586
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With a copy to: City Attorney
29714 Haun Road
Menifee CA 92586
If to State: State of California
c/o Judicial Council of California
Capital Program
Operations and Programs Division
2255 North Ontario Street, Suite 200
Burbank, CA 91504-3120
Capital Program
2860 Gateway Oaks Drive, Suite 400
Sacramento, CA 95833
Attn: Design and Construction Manager
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.
7. This MOU shall be governed by the internal laws of the State, without resort to choice of
law principles.
SIGNATURES ON FOLLOWING PAGE
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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
corporation
By: _________________________________
Printed Name: Robert Johnson
Title: City Manager
Date: _______________________________
APPROVED AS TO FORM:
By: _____________________________
City Attorney
ATTEST:
By: ____________________________
City Clerk
STATE OF CALIFORNIA, acting by and through
the JUDICIAL COUNCIL OF CALIFORNIA
By: ________________________________
Name: Curtis L. Child
Title: Chief Operating Officer
Dated: ______________________________
APPROVED AS TO FORM:
Judicial Council of California,
Legal Services Office
By: _________________________________
Name: Leslie G. Miessner
Title: Supervising Attorney, Real Estate Unit
Dated: ______________________________
A-1
EXHIBIT “A”
LEGAL DESCRIPTION OF REAL PROPERTY
[legal to be inserted]
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)
CITY ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ before me, __________________________, Notary Public,
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)