2020/02/19 Salim Developer DEV2019-053: Newport Pointe ProjectFebruary 19,2020
Re
Environmental Q uality Act ol'DEV 2019-053: Newpo rt Pointe Proiect
Salim Development ("Developer") has requested that the City of Menifee C'City")
consider the DEV2OI9-053: Newport Pointe Project, located on the southwest quadrant of
Evans Road and Newport Road in the City of Menifee, and includes proposed commercial
project will include approxim ately 84,243 square feet and approximately 493 parking stalls.
("Project"). To conduct its review and analysis ofthe Project, the City is required to conduct an
environmental analysis ("CEQA Analysis") as required by the calilornia Environmental Quality
Act, Public Resources Code section 21000 el seq., and its implementing guidelines found at Title
l4 of the Califomia Code of Regulations section I 5000 e, seq.
The City will commence to take the steps necessary. at Developers sole expense so that
the City will be able to conduct and complete the CEQA Analysis. Developer has indicated that
it is prepared to reimburse the City for all costs associated with the City's conduct, processing,
and consideration of the CEQA Analysis including without limitation in-house staff time and
resources, environmental consultant time and resources, City's legal counsel's time and
resources, and other third party cost items. For example, the costs incurred by the City to engage
an environmental review consultant, and any necessary sub-consultants or technical consultants,
to conduct the CEQA Analysis shall be bome by Developer. This letter serves as an "Initial
Deposit Agreement" by and between Developer and the City.
To assist the City in underlaking their consideration of whether or not to approve the
Project, Developer agrees to provide the City with an initial deposit in the amount of $96,571
("Initial Deposit"). ]'he Initial Deposit is the estimated full amount of the costs to be incurred by
the City in or in connection with the conduct, processing, review, evaluation, and action taken on
the CEQA Analysis ("Analysis Costs"). The lnitial Deposit shall be deposited with the City, to
the attention ofthe Finance Director, on or before February 19,2020 ("Effective Date").
The lnitial Deposit shall be used to reimburse the Analysis Costs. lf at any time the City
in its sole discretion determines that the Analysis Costs will exceed the amounl of the Initial
Deposit, then Developer shall, within ten ( I 0) days of receipt of written demand from the City'
6i0/0]lrl8"000ti
145981l0 2 a02/13,20
Agreement for the Deposit and Reimbursement ol' fees incurred by the City of
Menifee in Conducting and Processing Analysis under the Califomia
February 19,2020
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supplement the deposit amount so that the amount remaining on deposit with the City equals all
remaining estimated Analysis Costs ("Deposit Supplement"). The City may from time to time
repeat the process of revising the estimated Analysis Costs and requiring a revised deposit
amount lrom Developer (upon ten (10) days written notice) ("Further Deposit Supplement").
If Developer fails to timely provide a Deposit Supplement or Further Deposit Supplement, the
City may without further notice cease all work on the CEQA Analysis and order that all
consultants, attorneys and third parties do the same ("Stop Work Order"). Developer
understands and acknowledges that, even if the deposit is fully exhausted, it shall remain fully
responsible for Analysis Costs incurred by the City up to the date that the City issues a Stop
Work Order.
Developer understands and acknowledges that City shall exercise its sole and absolute
discretion in selecting and providing direction to any consultants or other third parties in
connection with the CEQA Analysis.
It is anticipated that the CEQA Analysis will be presented to the City of Menifee for
consideration and potential action in the future. Developer and the City understand that the City
is reserving the right to exercise its sole and absolute discretion as to all matters over which the
City is, by [aw, entitled or required to exercise discretion. By executing this lnitial Deposit
Agreement, the City is not committing or agreeing to undertake any activity requiring the
subsequent discretion of the City , or any department of the City. The City's execution of this
Initial Deposit Agreement is merely an agreement to allow the necessary work to be completed.
at Developer's expense, to bring the CEQA Analysis forward for City consideration. Nothing in
this Initial Deposit Agreement shall be deemed to constitute a commitment by the City to
approve or certify the CEQA Analysis, or a prejudgment ofthe matters required to be considered
as part of the decision whether or not to approve the Project.
Please document Developer's concurence with these terms and limitations by signing
below and retuming the originally executed letter to me, along with the Initial Deposit.
Very truly yours,
CITY OF MENIFEE
Cheryl Kitzerow, Community Development Director
APPROVED AS TO FORM:
By:
Je rey
680/0ltE5E-0001
145981l0 2 .02/1320
lching, City A rncy
ACCEPTANCE OF INITIAL DEPOSIT AGREEMENT:
SALIM DEVELOPMENT
tlv Date:
680/03 t858-0001
145981 10.2 a02/13/20
February 19,2020
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