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2017/05/11 Agreement Ridgemore Investments, LLC - TR 37102 -2017-0237568 06/14/2017 11:19 AM Fee: $ 0.00 Page 1 of 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Menifee 29714 Haun Road Menifee, California Attention: City Clerk Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 1111 ul WIF&MI.P5V R A Exam: Page DA PCOR Misc Long RFD 1st Pg Adtl Pg Cert CC SI� NCOR SMF CHG T (Space above for Recorder's Use) EXEMPT FROM FILING FEES GOVERNMENT CODE 3 6103 AGREEMENT REGARDING ANNEXATION INTO A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR TRACT NO. 37102 between THE CITY OF MENIFEE Public Agency as City and RIDGEMORE INVESTMENTS, LLC, a California limited liability corporation as Developer AGREEMENT REGARDING ANNEXATION INTO A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR TRACT NO. 37102 Parties and Date. This Agreement Regarding Annexation into Community Facilities District and Covenants Running with the Land for Tentative Tract No. 37102 (the "Agreerent') is entered into as of this by and between the City of Menifee, a municipal corporation (hereinafter referred to as the "City"), and Ridgemore Investments, LLC, a California limited liability corporation, with its principal place of business at c/o MBK Consulting, 26040 Acero, Mission Viejo, CA 92691 (hereinafter referred to as "Developer"). 2. Recitals. 2.1 Developer has submitted to the City for its approval, Tentative Tract Map (TTM) No. 37102 (L -B-}- a proposed development comprised of twenty-one (21) single family residential homes, located in the City of Menifee, County of Riverside, State of California. The property is more specifically described as being a subdivision of portions of Parcel 31 inclusive, of Tract Map 2813, in Book 49, Page 71, inclusive, of Parcel Maps, lying in Section 29, Township 5 South, Range 3 West, S.B.M. (the "Property"), as legally described in Exhibit "A" attached hereto and incorporated by reference. 2.2 On or about March 15, 2017, the City Council of the City of Menifee (hereinafter referred to as "Council") adopted Resolution 17-595 wherein the Council approved TTM No. 37102 subject to satisfactory completion of the Conditions of Approval (hereinafter referred to as "COK) for the development of the Property. Pursuant to COA Nos. 85, 158, and 159 the Developer is required to annex into a Citywide Community Facilities District (CFD) 2015-2 or similar mechanism for the maintenance of certain public improvements required of the development. COA Nos. 85, 158, and 159 required that prior to final map recordation or building permit issuance, whichever occurs first, the annexation to the Citywide Community Facilities District must be complete. 2.3 Developer and the City desire to enter into this Agreement for the purpose of complying with COA Nos. 85, 158, and 159 pursuant to Resolution 17-595. Although timing prevents the Developer from agreeing to the express terms of Conditions of Approval in Recital 2.2 above, it is willing to agree that all property located in TTM No. 37102 will be included within an established and recorded Citywide Community Facilities District prior to any sale, lease, transfer or other conveyance of any kind of property located within Tentative Tract Map No. 37102. 2.4 This Agreement is made in consideration of the approval of Planning Application No. 2016-038 pursuant to Resolution 17-595. 3. Terms. 3.1 Petition. As owner of the Property, Developer shall sign a petition to annex the Property into the CFD. Developer shall sign such petition upon the request of the City at no cost, expense or other obligation of the City. #35730384_vl 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 Inclusion. Developer understands, acknowledges and agrees that it shall not be authorized to sell, transfer or in any other manner convey the Property prior to the inclusion of all of the Property in the CFD. 3.4 Indemnification. Developer and the City shall mutually indemnify, defend and hold each other and their 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 each other's own 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. Mailed 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 29714 Haun Road Menifee, California 92586 Attn: City Clerk Developer: Ridgemore Investments, LLC A California Limited Liability Corporation Address: c/o MBK Consulting 26040 Acero Mission Viejo, CA 92691 Attn: Mohammad Kashani 3.7 Successors and Assigns. 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. 2 #35730384_vl 3.9 Covenant Running With the Land. The parties intend that the benefits and burdens described herein constitute covenants running with the Property for the benefit of the landowners of the Property. 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. 3.11 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.12 Headings. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision. 3.13 Entire Agreement. 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. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. CITY OF MENIFEE, RIDGEMORE INVESTMEV; LLC a municipal corporation a California limited liability poratic Neil 1Vinter, Mayor #35730384 vl ni, Member CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Cali�.n' � County of On `I �� before me, Date p i F! re Jrt ert�� ■Nab� me and TIN of the Officer personally appeared ) Y_ A g ka— -N � M 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/she/they executed the same in his/her/",heir- 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. ADAM A. DE JESUS Notary Public = California r Orange County Comminlan 4 2175601 My Comm. Expires Jon 12, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature official seal. of Notary Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Docu e Document Date:t Signers) Other Than Na Capacityr<es) CI a by Sign-er6[ Signer's Name: \-OA4V401,�_i►-� ❑ Corporate Officer ---- Title(s): ❑ Partner ® ❑ Limited ❑ General individual ElAttorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner --_ ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2016 National Notar_, Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MENTIFEE. COUNrTY OF RIVERSIDE. STATE OF CALIFORNL-,, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF SECTION 29. TOINVSHIP 5 SOUTH, RANGE 3 WEST, S �\ BERNARDINTO MERIDIAN, IN THE CITY OF MENIFEE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA,. ACCORDING TO THE OFFICLAL PLAT THEREOF. DESCRIBED AS FOLLOWS: BEGIVNING AT THE SOT1TMNT-ST CORNER OF SECTION 29, AS SHOWN IN BOOB 49. PAGE -I OF RECORDED TRACT 2S13. IN THE OFFICE OF THE COLTiTY RECORDER. RIVERSIDE COL7NI"Y: THE\TCE ALONG THE SOUTH SECTION LI\TE OF SAID SECTION 29. SOUTH 89"58'54" EAST 2.442.48 FEET TO THE TRUE POUT OF BEGUV;NZ\G; THENCE CO'N'TINUWG SOUTH 89�58'54" EAST ?05.00 FEET TO A POINT ON THE ''NFEST BOUNDARY LINTS OF SAID TRACT 2813. SAID POINT BEING FURTHER DESCRIBED AS NORTH 89'-5S'54" 3ATST, 68.52 FEET FROM THE CENTERLINTE INTERSECTION OF VALLEY BOULEVARD .AND RIDGEMOOR ROAD IN TRACT 2813; THENCE LEAVING SAID SECTION LINE NORTH 000 01' 06" EAST. 33.00 FEET TO THE "tiORTH RIGHT -OF -WAIT LINE OF RIDGEMOOR ROAD: THENCE ON A CURVE TO THE LEFT FROM A TANGENT WHICH BEARS SOUTH 89°58'54" EAST. CONCAVE NORTHWESTERLY THROUGH A RADIUS OF 14.00 FEET_ A CENTRAL ANGLE OF 89�24'57" AN ARC DISTANCE OF 21.85 FEET TO A PODS T ON THE -WESTERLY RIGHT-OF-%VAY LINE OF VALLEY BOULEVARD OF SAID TRACT 2813: THENCE ALONG 5-;AID RIGHT-OF-W,kY PARALLEL AND 55.00 FEET IVEST OF VALLEY BOL;LEATARD CENTER LINE NORTH 00'' 36' 09" EAST. 291.02 FEET: THENCE NORTH 89 58' 54" -WEST. '21.96 FEET TO A LINE RTHICH BEARS NORTH 00° 01' 06" EAST FROM THE TRUE POINT OF BEG)l%N. ING: THENCE SOUTH 00° 01' 06" WEST., 338.16 FEET. TO THE TRUE POINT OF BEGTNT ING APN: 339-153-031 4 #35730384_vl EXHIBIT "C" DESCRIPTION OF MAINTENANCE SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and 2. maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and 3. public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015-2; as well as local roads within residential subdivisions located within CFD No. 2015-2; and any portions adjacent to the properties within CFD No. 2015-2. #35730384_vl