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2015/02/23 Lot Line Adjustment Southern Inland Investment, LLC - Lot Line AdjustmentRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Menifee 29714 Haun Road Menifee, California Attention: City Clerk DOC # 2015-0070517 02/23/2015 01:45P Fee:HC Page 1 of a Recorded in Official Records County of Riverside Peter Aldana Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 S r R I U I PAGE[ SIZE I UH I Wit, I LUNQ71 nrU i COPY E A L 465 426 PCOR NCOR SMF CHG ! LXAM y T: CTY UNI (LLL����lll���� fj EXEMPT FROM FILING FEES GOVERNMENT CODE 3 6103 ' (Space above for Recorder's Use) AGREEMENT REGARDING A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR PARCEL B OF LOT LINE ADJUSTMENT NO. 10-003 between THE CITY OF MENIFEE Public Agency and SOUTHERN INLAND INVESTMENT, LLC the Developer AGREEMENT 1. Parties and Date. This Agreement Regarding a Community Facilities District and Covenants Running with the Land for Parcel B of Lot Line Adjustment No. 10-003 (the "Agreement') is made and entered on this 1 �1- `day of 2014 by and between the City of Menifee, a municipal corporation (hereinafter referred to as the "City") and, Southern Inland Investment, LLC, a California limited liability company with its principal place of business at 34118 Pacific Coast Highway, Suite 6, Dana Point CA 92629 (hereinafter referred to as "Developer"). 2. Recitals. 2.1 Developer submitted to the City for its approval, Plot Plan 2010-057, a proposed development of the property located along the north side of State Route 74, approximately 150 feet easterly of Trumble Road in the community area of Romoland in the City of Menifee. The property is more specifically described as Parcel B of Lot Line Adjustment No. 10-003 recorded on November 15, 2010, as Document No. 2010-0549423 of Official Records of Riverside County, (hereinafter referred to as "Parcel B"). All property located within Parcel B is as legally described in Exhibit "A" attached hereto and incorporated by reference. 2.2 On or about July 26, 2011, the Planning Commission of the City of Menifee (hereinafter referred to as "Commission") adopted Resolution PC 11-070 wherein the Commission approved Plot Plan 2010-057 subject to satisfactory completion of the Conditions of Approval (hereinafter referred to as "COK) for the development of Parcel B. Pursuant to COA Nos. 33, 82, 83, 133, 136, and 138, the Developer is required to annex into a City Landscape and Lighting Maintenance District (hereinafter referred to as "Citywide Maintenance District') or similar mechanism for the maintenance of certain public improvements required of the development. COA Nos. 133, 136 and 138 required that prior to the issuance of Certificate of Occupancy, the annexation to the Citywide Maintenance District must be complete. 2.3 Developer and the City desire to enter into this Agreement for the purpose of complying with COA Nos. 33, 82, 83, 133, 136 and 138 pursuant to Resolution PC 11-070. 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 Parcel B will be included within an established and recorded Citywide Maintenance District prior to any sale, lease, transfer or other conveyance of any kind of property located within Parcel B. 2.4 This Agreement is made in consideration of the approval of Plot Plan 2010-057 pursuant to Resolution PC 11-070. 3. Terms. 3.1 Petition. As owner of all property located within Parcel B, Developer shall sign a petition to annex Parcel B to an established and recorded Citywide Maintenance District. Developer shall sign such petition upon the request of the City at no cost, expense or other kO 1�F e=1; obligation of the City. 3.2 Fair Share of Costs. Developer shall pay its fair share of all costs necessary for the annexation of Parcel B into the Citywide Maintenance District. 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 Parcel B into the Citywide Maintenance District. 3.3 Inclusion. Developer understands, acknowledges and agrees that it shall not be authorized to sell, lease, transfer or in any other manner convey any of the property located within Parcel B prior to the inclusion of all property located in Parcel B in the Citywide Maintenance District, which is currently in the process of formation pursuant to all requirements of state and local laws, rules and regulations. 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 Engineer Developer: Southern Inland Investment, LLC a California limited liability company Address: 34118 Pacific Coast Highway Dana Point, CA 92629 Attn: Reynold W. Forsum 3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.8 Recordation. The City shall cause this Agreement to be recorded with the 2 At.:`Uj cFi1f5 AA11 45P Riverside County Recorder's Office. 3.9 Covenant Running With the Land. The parties intend that the benefits and burdens described herein constitute covenants running with Parcel B for the benefit of the Developer's property located within Parcel B. 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 Governinq 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 t8l Scott A. Mann, Mayor Attest: SOUTHERN INLAND INVESTMENT, LLC a California limited liability company Reynold W. Forsum, Managing Member Approved as to Form: Katy Bennett, City Clerk Jeing, f�7 - City Atto e state of California County of ORANGE }aa�11h On belt" me TJ. tarrgs >� Putt. r. �rsonaliy appeared r 1C 1 ^ r:io proved to me on the basis of satisfactory evident+ to be un rson(s) whose nama(s) islare vubsoribad to the wt#M k%trurrWd and ,c:Rnowledged to me that harshelthey executed tfesso" In tdslirerAhsir +utnoozed capacity(ies), and that by Nsltre(MNk vipnatu*s] on 1:10 kcstwment the person(s), or tteren0tyupon t*half of ~ b" p+r§04K;1 . �J acted, executed the kntrument. i carli<yr urtdar PENALTY OF PERJURY under the laws of the slate of Cattfornie Mal the krep0irs p mersph is r a�„• . T. J. LAN G E U trusartt4pgna11 Wi7H8SStnyhandMtt<sA{OMEMpL COMM. # 1964545 NOTARY PUBLIC- CAI IRWMA� ? ORANGE COUNTY n COMM. EXPIRES JULY 6, 2016 11111111111111111111111111111111111111111111111111111111111111 ._,.,��P. _ 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 California y County of ) On ) 5 before me,Cib ate Here Insert Name and Title a he Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/laer/their authorized capacity(ies-), and that by his/hor/their signature(s) on the instrument the person(s}- or the entity upon behalf of which the person(oacted, executed the instrument. JENNIFER ALLEN Commission # 1984645 a =b Notary Public - California i z Riverside County My Comm. Expires Jul 9, 2016 Place Notary Seal Above 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 Signature of Notary Public 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 Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney 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: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 1111111111111111111111111111111111111111111111111111 "'':"` P. "i' EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL B PARCEL B OF LOT LINE ADJUSTMENT NO. 10-003, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS EVIDENCED BY DOCUMENT RECORDED NOVEMBER 15, 2010 AS INSTRUMENT NO. 2010-0549423, OFFICIAL RECORDS OF SAID COUNTY See Exhibit "B" on the next page for a site exhibit of Parcel B. 4 EXHIBIT "B" SITE EXHIBIT 2015-0070517 lill III Hill IN IN 02112�- , El f 8 1: 4FP EXHIBIT 'A' - MAP LOT LINE ADJUSTMENT NO. IQ:I(M O a MAPES I ROAD C,gse 0 m �2SITE ROAD SCALE: 1" = 60' 0 60 120 ASSESSOR PARCEL NUMBER: J29-OJO-07J SEC LION 10, TSS, RJW DA TE EXHIBIT PREPARED.- DECEWER 4, 2014 I Illllf llllill IIII llll I111111 llll! lillI III Hill 11111111 'a GFi1 F: r,{��11 #�F MCINITY MAP NO SCALE PAGE 1 OF 1 PAGE CITY OF MENIFEE APPROVE AN AGREEMENT REGARDING A COMMUNITY FACILITIES MAINTENANCE DISTRICT ANNEXATION FOR PARCEL B OF LOT LINE ADJUSTMENT 10-003 FOR SOUTHERN INLAND INVESTMENT, LLC MEETING DATE: January 7, 2015 TO: Mayor and City Council PREPARED BY: Jonathan G. Smith, Director of Public Works/City EngineerIC14�r J5 Yolanda S. Macalalad, Senior Engineer REVIEWED BY. Robert A. Johnson, City Manager 7i [� � SUBJECT: Approve an Agreement Regarding a Community Facilities Maintenance District Annexation for Parcel B of Lot Line Adjustment 10-003 for Southern Inland Investment, LLC RECOMMENDATION Approve an Agreement Regarding a Community Facilities Maintenance District Annexation for Parcel B of Lot Line Adjustment 10-003 for Southern Inland Investment, LLC, DISCUSSION Parcel B of Lot Line Adjustment (LLA) 10-003, is a .67-acre development for a Jack In The Box Restaurant located along the north side of State Route 74, approximately 150 feet easterly of Trumble Road in the community area of Romoland, as shown in the attached Exhibit "A." Southern Inland Investment, LLC, the owner of Parcel B, has submitted Plot Plan 2010-057 (PP2010-057) to the City for approval, which includes the development of Parcel B. On July 26, 2011, the Planning Commission approved PP2010-057 subject to completion of certain Conditions of Approval (COA) imposed for the development of Parcel B. COA Nos. 133, 136 and 138 require that, prior to the issuance of the Certificate of Occupancy for the Jack In The Box Restaurant, the property owner must complete the annexation of Parcel B into a citywide maintenance district for the maintenance of public improvements within the public right of way that benefit this development. The Developer is required by Conditions of Approval (133, 136 and 138) of the project, to be annexed into the upcoming Community Facilities District. That District will be formed at a later date following standard procedure and approval of the City Council. This agreement assures compliance with those Conditions of Approval, even after the issuance of the Certificate of Occupancy for Parcel B. The Agreement has been reviewed and approved by the City Attorney and is necessary prior to the issuance of the Certificate of Occupancy for Parcel B of LLA 10-003.