2015/08/06 Agreement Diamond Brothers Five Partnership, LP - TR 32101SCANNED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Menifee
29714 Haun Road
Menifee, California
Attention: City Clerk
2015-0350388
08/06/2015 02:59 PM Fee: $ 0.00
Page 1 o f 13
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor —County Clerk —Recorder
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GOVERNMENT CODE 3 6103
(Space above for Recorder's Use)
AGREEMENT REGARDING ANNEXATION INTO A
COMMUNITY FACILITIES DISTRICT AND
COVENANTS RUNNING WITH THE LAND FOR
TRACT NO. 32101
between
THE CITY OF MENIFEE
Public Agency
as City
and
DIAMOND BROTHERS FIVE PARTNERSHIP, LP,
a California limited partnership
as Developer
AGREEMENT REGARDING ANNEXATION INTO A COMMUNITY FACILITIES DISTRICT
AND COVENANTS RUNNING WITH THE LAND FOR TRACT NO. 32101
Parties and Date.
This Agreement Regarding Annexation into Community Facilities District and Covenants
Running with the Land for Tract No. 32101 (the "Agreement') is entered into as of this
s, by and between the City of Menifee, a municipal corporation (hereinafter
ref9rred to as the "City"), and Diamond Brothers Five Partnership, LP, a California limited
partnership, with its principal place of business at c/o The Rancon Group, 41391 Kalmia Street,
Ste 200, Murrieta, CA 92562 (hereinafter referred to as "Developer").
2. Recitals.
2.1 Developer has submitted to the City for its approval, Tract No. 32101, a proposed
development comprised of one hundred ninety-seven (197) single family residential homes, one
(1) public park, and five (5) open space lots, 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 Parcels 31 through 33, inclusive, of Parcel Map 21838, in Book 146, Pages 1 through 26,
inclusive, of Parcel Maps; also being a portion of Parcel 1 of Lot Line Adjustment No. 4874,
recorded June 24, 2005, as Instrument No. 2005-0501831, Official Records of Riverside
County, lying in Section 36, 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 March 29, 2005, the Riverside County Board of Supervisors (hereinafter
referred to as the "Board") approved Tract No. 32101 subject to satisfactory completion of the
Conditions of Approval (hereinafter referred to as "COA") for the development of the Property.
Pursuant to COA Nos. 50.PLANNING 012, 50.TRANS 023, 50.TRANS 025 and 50.TRANS 027,
the Developer is required to annex into a City Landscape and Lighting Maintenance District
(hereinafter referred to as "CFD") or similar mechanism for the maintenance of certain public
improvements required of the development. COAs 50.PLANNING 012, 507RANS 023,
507RANS 025 and 50.TRANS 027 required that prior to the recordation of the final map of
Tract No. 32101, the annexation to the CFD must be complete.]
2.3 On May 20, 2015, the City passed Resolution No. 15-440 Forming City of
Menifee Community Facilities District No. 2015-2 (Maintenance Services) (the "CFD") in order to
provide certain maintenance services to property within the CFD, including, but not limited to
landscaping, lighting, street, drainage, parks, trails, and graffiti abatement, all as more
specifically described in Exhibit C attached hereto.
2.4 Developer and City desire to enter into this Agreement for the purpose of
complying with COA Nos. 50.PLANNING 012, 503RANS 023, 50.TRANS 025 and 50.TRANS
027 of Tract No. 32101. 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 the Property will
be included within the CFD prior to any sale, transfer or other conveyance of any kind of the
Property.
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2.5 This Agreement is made in consideration of the approval of Tract No. 32101 as
approved by the Board on March 29, 2005.
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.
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: Diamond Brothers Five Partnership, LP
A California Limited Partnership
Address: c/o The Rancon Group
41391 Kalmia Street, Suite 200
Murrieta, CA 92562
2
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Attn. Holland & Knight
c/o Tamsen Plume, Esq.
50 California Street, Suite 2800
San Francisco, California 94111
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.
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,
a munici or oration
Scott A. Mann, Mayor
#35730384 v1
DIAMOND BROTHERS FIVE PARTNERSHIP, LP
a California limited partnership
George hifib-Tung Chja , General artner
APPROVED AS TO FORM:
Jeffrey T. Melching, City A rney
ATTEST:
Kathy Bennett, City Clerk
#35730384 v1
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 Californi ]
County of �a s (e S L )
On _ CJ l�l- 9Z z 1 before me, a L
Date I Here Insert Name and Title oftAk Officer
personally appeared
— I uIrl
Name(s) of Signer(*
who proved to me on the basis of satisfactory evidence to be th person* whose name(st ar,&—
,sMbscribed to the within instrument and acknow edged to me that�ehelthey-executed the same in
authorized capacity(, and that b txerAta*-signatureW on the instrument the persorgar,
or the entity upon behalf of which the personKacted, executed the instrument.
NYA LAM
Commission #t 2047502
Notary Public - California i
x Los Angeles County
My Comm. Expires Oct 31.2017
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 han and official seal.
Signature
a otary 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:. Document Date:
Number of Pages: 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:
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02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
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
County of. ' 4 o—
On u�a,..s-� S before me,e r- ;
Date Here Insert Name and TIH4 of the Officer
personally appeared Sc Ginn
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 helshelth6y executed the same in
his/herltharrauthorized capacity(iea), and that by his/her/their signature(a) on the instrument the person(,
or the entity upon behalf of which the person(oacted, executed the instrument.
JEIN FER ALLEN
commission # 1984645
Notary Public - Calitarnia z
z` ";w .f Riverside County b
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: CF)Q-s&-Oc)A� Document Date:
Number of Pages: 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:
02014 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
[NEED TO ATTACH]
See Exhibit "B" on the next page for a site exhibit of Parcel B.
#35730384 v1
LEGAL DESCRIPTION
FOR
TRACT NO.32101
ANNEXATION
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA
THAT PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF MENIFEE, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, SAID PORTION BEING DESCRIBED AS FOLLOWS:
BEGNINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 36;
THENCE NORTH 00035'59" EAST ALONG THE EAST LINE OF SAID NORTHEAST
QUARTER OF SECTION 36, A DISTANCE OF 845.10 FEET TO A POINT ON THE
SOUTHEASTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY (152.00 FEET IN
FULL WIDTH), AS SET FORTH AS PARCEL 0785-002B IN THAT CERTAIN GRANT DEED
TO COUNTY OF RIVERSIDE RECORDED APRIL 15, 2004 AS INSTRUMENT NO. 2004-
0274331, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO
BEING ON A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS
OF 1924.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 12-41-38" WEST;
THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND ALONG SAID
CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 17-56-19", AN ARC DISTANCE
OF 602.44 FEET;
THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 5050'08" WEST,
A DISTANCE OF 83.38 FEET TO A POINT ON THE CENTERLINE OF SAID DOMENIGONI
PARKWAY, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 2000.19 FEET, THE RADIAL LINE TO SAID
POINT BEARS NORTH 29037'50" WEST;
THENCE SOUTHWESTERLY ALONG SAID CENTERLINE AND ALONG SAID CURVE, TO
THE LEFT, THROUGH A CENTRAL ANGLE OF 3-10-15", AN ARC DISTANCE OF 110.70
FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 5050-08" EAST, A DISTANCE OF 76.59 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A
RADIUS OF 2250.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL
ANGLE OF 0013'55", AN ARC DISTANCE OF 9.11 FEET TO A POINT ON SAID
SOUTHEASTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY, SAID POINT BEING
THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 1924.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 33°57'30"
WEST;
Page 1 of 2
GA20/3V 3-0146\CFD\LEGAG DESC CFD.doc Albert A. Webb Associates
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE AND
ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 21 °39'59", AN
ARC DISTANCE OF 727.63 FEET;
THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 34°22'31" WEST, A
DISTANCE OF 1632.83 FEET TO AN ANGLE POINT ON THE BOUNDARY LINE OF SAID
PARCEL 0785-00213;
THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 89018'47" EAST,
A DISTANCE OF 2064.74 FEET TO A POINT ON THE EASTERLY LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 36;
THENCE NORTH 0035'59" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 1318.18
FEET TO THE POINT OF BEGINNING.
LAND SG
3 . E. dOHy •p6
7 Micl ael E. T inson, L.S. 7673 Date Q
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NO. 7673
Prepared By:
Checked By:r sr tir
4rl" OF CAL11
Page 2 of 2
GA2013V 3-0146\CFD\LEGAL DESC CFD.doc Albert A. Webb Associates
R=2000.19'
d=3' 1 O' 15"
L=110.70'
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SEC. 36, T5S, R3W, S.B.M.
A L B E R T A.
WEBB
A S S 0 C I A T E S
TRACT NO. 32101
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THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) IN THE ATTACHED SHEET 1 OF 1 W'D'
DOCUMENT. I3-0146
SCALE; 1"=400' CHKD BY DATE
EXHIBIT "B"
SITE EXHIBIT
6
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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.
7
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