2011/05/24 Legendary Restaurants, Inc. Texas Roadhouse DevelopmentMEMORANDUM OF UNDERSTANDING
TEXAS ROADHOUSE DEVELOPEMENT
CITY OF MENIFEE
May 24, 2011
Developer: Bruce E. Myers, President/CEO, Legendary Restaurants, Inc.
representing the Texas Roadhouse
City of Menifee: Don Allison, P.E., City Engineer/Director of Public Works
This MOU is made this 24th day of May, 2011 by and between the City of Menifee ("City") and
Legendary Restaurants, Inc. dba the Texas Roadhouse, a California corporation ("Developer").
Recitals:
Whereas, the Texas Roadhouse has filed an application for Plot Plan 2010-202 and the
City has conditioned the project to certain public improvements related to the development,
specifically to provide signing and restriping of Haun Road north of Newport Road including the
addition of a second left turn lane from Haun Road south to Newport Road east; and
Whereas, the parties have determined that the City will carry out such work with funding
provided by Developer.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Upon execution of this Agreement, but no later than before the issuance of the first
building permit for the Texas Roadhouse Grill/Plot Plan No. 2010-202, Developer shall
pay to the City $12,000 ("Fee") in full satisfaction of Engineering Condition No. 59. There
shall be no additional cost to Developer. Condition No. 59 shall be modified to reflect the
provisions of this Agreement on or before the application for the building permit.
2. Upon receipt of the Fee, the City will, assume full responsibility for the survey, design,
plan check and construction of this work.
3. This fee will mitigate project specific offsite work required and/or conditioned for the
project including both parcels: Texas Roadhouse & Future Building, today and in the
future, pending discretionary approval of our project by Planning Commission and/or City
Council, and timing of payment of standard mitigation fees. This MOU does not fulfill or
waive any development impact fee, TUMF, RBBD,DIF, or any other mitigation . fees that
are applied to this project or any processing fees except those for this specific signing
and restriping. t; -01 ) C e
4. The work will be completed prior to the grant of a certificate of occupancy by City for the
Texas Roadhouse and Developer will receive a schedule upon receipt of funds.
5. The left turn movement in and out of Haun Road at the southerly driveway will continue
to be permitted and the City will provide final plans as confirmation. This movement may
be restricted in the future with the installation of a median.
6. This MOU shall not constitute or elicit prevailing wage for any of our onsite construction.
4-�00
4815-3157-8889.1
7. Miscellaneous. This MOU may be modified in writing only by both parties. This is the
entire agreement of the parties as to the subject matter thereof. No waiver of any term
or condition of this MOU shall be a continuing waiver thereof. In the event of litigation to
enforce this MOU, the prevailing party shall be entitled to attorney's fees, expenses and
costs as determined by the court.
The undersigned warrant that each has the authority to enter into this MOU on behalf of the
parties to be bound.
Signed and Dated by:
-5/2V11I
Bryce E. Myers I President/CEO
LEGENDARY RESTAURANTS, INC.
O 951.506.8031 1 C 949.338.5131
Broker Lic. 01882170 1 Corporate Lic. 01885848
Donald Allison, P.E., City Engineer/Director of Public Works
City of Menifee
29714 Haun Road
Menifee, CA 92586
4815-3157-8889.1