2016/02/17 Sutter Mitland 01, LLC Amendment to Improve and Credit - RE: Audie Murphy Ranch-Newport Rd Realignment and Goetz WideningAMENDMENT TO IMPROVEMENT AND CREDIT / REIMBURSEMENT
AGREEMENT
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AUDIE MURPHY RANCH — NEWPORT ROAD REALIGNMENT AND GOETZ ROAD
WIDENING
THIS AMENDMENT ("Amendment") is entered into this /fh day of
r ar2016, by and between Sutter Mitland 01, LLC and Riverside Mitland Investor
03, LLC ("Developer"), and City of Menifee ("Agency"). Developer and the Agency are
sometimes referred to individually 'as "Party" and collectively as "Parties."
RECITALS
A. Developer and Agency have entered into an agreement titled "Improvement and
Credit / Reimbursement Agreement -Transportation Uniform Mitigation Fee Program" that is
dated December 12, 2012 ("Agreement"). The Agreement provides the terms and conditions,
scope of work, and final fee credit amount for the construction of the realignment of Newport
Road and widening of Goetz Road (hereinafter the "Project")
B. The Parties desire to amend the Agreement by adding Tract 32025 to the
description of the property contained in the first recital of the approved Agreement. No other
changes are proposed. The Project was completed and the total fee credit value has been validated
based upon actual eligible cost.
C. Tract 32025 is adjacent to Newport Road and was conditioned by the County of
Riverside to widen Newport Road. At the time of contract award and execution of the original
credit agreement, Tract 32025 was not a part of the Audie Murphy Ranch Master Plan Developer
holdings, and as a result, was not included in the original Property description. Since that time,
Developer has obtained Tract 32025 and its liabilities related to Project.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the Parties hereby agree as follows:
1. The Property description shall be amended to include the original tracts of 31390,
31391, 31392, 31393, 31822, 31823 and 31824 plus Tract 32025 and as shown on Exhibit A.
2. The final TUMF credit value shall remain unchanged.
3. Except to the extent specifically modified or amended hereunder, all of the terms,
covenants and conditions of the Agreement shall remain in full force and effect between the
Parties hereto.
IN WITNESS WHEREOF, the Parties have caused this Amendment to the Agreement to
be executed by their duly authorized representatives to be effective on the day and year first
written above.
CITY OF MENIFEE
M-
d
Scott Mann, Mayor
Approved to Form:
By:
JeffncdZ6g, City Aftorne
8
Attest:
By
Sivlaa�r�'aring, City Clerk
SUTTER MITLAND 01, LLC
A Delaware Limited Liability Company
By:
PG.JC
RIVERSIDE MITLAND INVESTOR 03, LLC
A Delaw imited Liability Company
B:
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Exhibit A
Property Exhibit
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