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2010/02/08 Agreement Park Development Fees - RE:When recorded, mail to: Lisa Sheldon City of Menifee 29714 Haun Rd. Menifee, CA qj,�5?(jt DOC # 2010-0058786 02/08/2010 08:00A Fee:NC Page 1 of 5 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111 S R U PAGE SIZE DA MISC LONG RFD COPY M A I L 465 426 PCOR NCOR SMF EXAM UV 4 T: CTYEff Recorded fee exempt pursuant to Govt. Code Section 6103 !Yd AGREEMENT BETWEEN Ice — THE CITY OF MENIFEE AND - J JILU IVID4 Sig S .Lmcl FOR COLLECTION OF PARK DEVELOPMENT AND OTHER FEES FOR TENTATIVE TRACT MAP NO. 29015 (APN 339-153-031) i THIS AGREEMENT is entered into this �y 1 day of n60-01"- 2009, by and between the CITY OF MENIFEE ("CITY") and Oak Tree Industries, Inc., a California corporation (hereinafter referred to as "Property Owner" or "Owner"); RECITALS: WHEREAS, CITY is a new City which incorporated on October 1, 2008, and which is required by law to adopted County ordinances and Regulations; and WHEREAS, PROPERTY OWNER has fulfilled all of the conditions for Tentative Tract Map Map No. 29015 (APN 339-153-031) except for Condition No. 50 Planning 09 providing for payment of Quimby fees to CSA 145; and WHEREAS, since the date such condition was written, the City has and has assumed responsibility for CSA and therefore, the City now legally must received the Quimby fees; and WHEREAS, the conditions also provide that such Quimby fees will be paid prior to final inspection for the first completed unit on the property; and WHEREAS, County ordinance No. 460 requires the payment of Park Development Fees (Quimby Fees), adopted pursuant to Govt. Code Section 64777) to mitigate the impacts of the project on existing_ public park and recreation facilities located near the project; and WHEREAS, CITY and PROPERTY OWNER by this Agreement wish to meet the requirements of Condition 50-09 for final map recordation by confirming that such fees will be paid in the future. NOW, THEREFORE, the parties to this Agreement do mutually agree as follows: RESPONSIBILITIES OF PROPERTY OWNER A. PROPERTY OWNER shall pay to CITY, prior to final inspection for the first unit constructed and pursuant to Condition 90 Planning 06 of Tentative Tract Map 29015, all Park Development/Quimby fee calculated at that time under the provisions of Ordinance No. 460, or any successor ordinance of the City, based upon a formula of 5 acres of park land and facilities per 1000 persons for each residential unit to be constructed. No such inspection shall be conducted until the fees are paid in full for all units. B. In the event that PROPERTY OWNER'S final map expires without extension or approval, all obligations of PROPERTY OWNER and CITY herein shall cease. RESPONSIBILITIES OF CITY The fees specified herein were calculated and are levied in accordance with and shall be collected, deposited into a separate account, administered and disbursed in accordance with Govt. Code Section 66477 and Riverside County Ordinance No. 460 or any successor ordinance of the City. Upon receipt of the consent to annexation and fees for annexation, if required, City shall take the necessary steps for such annexation. III. MISCELLANEOUS A. Venue It is expressly understood and agreed by the PROPERTY OWNER and CITY that the law of the State of California shall govern them and the interpretation of the Agreement and that any litigation brought because of, or involving this Agreement shall be initiated exclusively in the Superior Court, Riverside County. B. In the event of litigation to enforce this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorneys fees. C. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. D. This Agreement may be amended only in writing signed by both parties. E. This Agreement constitutes the entire agreement of the parties and supersedes all other agreements, whether written or oral. IN WITNESS WHEREOF, PROPERTY OWNER and CITY have caused this Agreement to be signed in their names and on their behalf by their duly authorized representatives. PROPERTY OWNER: By: — rA )k—.,/ �A LS [�' OAl[ VIft �04fMb ,. SIGNATURES SHALL BE NOTARIZED By: 0— l-'Y r'Yif4Ai-4G-r--P— JlT� ©F (n6kt Fr--'F:7 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of before me, _r_,9-eknTn1V �Lya.4)'_011 R!c}T v�—`( Pcti� (Here insert name and title oft officer) personally appeared W 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/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. WI SS my hand nd officia eal. '�'"-dE:4 ' Signst= of Notary Public TQ;; CONSTANCE G. 1HOMPSON Commisslon ,# 1692270 Notory Public - COW011110 Otange County My Comm. Explies Sep 5, 2010 11 (Notary ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT le or description ofattached document) (Titre of desscript]on ofattached doeumcrx continuu:d) Number of Pages .. Document Date�� G CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Pattner(s) ❑ Attorney -irk -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800 973-9865 www.TNTotaryC]asses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must corttain verbiage exactly as appears above in the notary section or. a separate ackriawledgment form must be properly completed and attached to that document. Vie only exception: is if a document is to be recorded outside of California. in such rnsrances, any alternative acknowledgment vdrWage as ma), be printed on such a document so long as the verbiage does not require the notary to do something that is illegal far a notary in California (i.e certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach thisforrn if rcgtdred. • state and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma andthen your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fora s by crossing off incorrect forms (Le, kelshel#te)-' is Aft ) or circling the correct forms. Failure to correctly indicate this infornation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -sea] if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgrarnt is not misused or attached to a different document. e- Indicate tide or type ofatmched document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secrctary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California \' /�❑ County of� On W. Date personally appeared MARY MILLION COMM. # 1685606 ++nn NOTARY PUBLIC -CALIFORNIA u+ RIVERSIDE COUNTY MY Comm. Exi AUG, 1, 2010 Place Notary Seal Above who proved to me on the basis of, atisfactory evidence to be the person(s) whose name( i re subscribed to the within instrument and ackhowle gad 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 tfi�F­entity 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 I d offic 1 Signature Si nature of Notar uhlic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocument omffl� Title or Type of Docum nt: �1 1, kE Document Date: Number of Pages: 1-3 Signers) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NalionalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 lic