2017/03/15 Pardee Homes TM 2012-045AGREEMENT BETWEEN
THE CITY OF MENIFEE AND PARDEE HOMES
REGARDING COMPLIANCE OF REVISED TENTATIVE TRACT MAP NO. 2012.045
(REVTSTON TO TENTATTVE TRACT MAP NO.32277)
wrTH GOVERNMENT CODE SECTTON 66477 ("QUIMBY ACT")
THIS AGREEMENT is entered into this 1sth day of March 2017, by and between
the City of Menifee ("City") and Pardee Homes, a California corporation (hereinafter
referred to as "Developer") regarding Developer's compliance with the Quimby Act,
through dedication, construction and acceptance of a 9.97-acre park identified in Revised
Tentative Tract lvlap No. 2012-045 (i.e., revision to Tentative Tract lvlap No. 32277):
RECITALS:
WHEREAS, the Developer is in the process of fulfilling all of the conditions for
Revised Tentative Tract lvlap No.2012-045 (i.e., revision to Tentative Tract Map No.
32277) including the conditions providing for payment of Quimby fees and provision of
landscape mainlenance and annexation to a Park District; and,
WHEREAS, since the date such condition was written, the City has assumed
responsibility for the provision of park maintenance and operations within the entirety of
the City's jurisdiction and now must legally collect the Quimby fees or accept park
dedication to satisfy Quimby requirements; and,
WHEREAS, the cunent conditions of approval for Revised Tentative Tract Map
No. 2012-045 provide that the developer take the steps necessary to form a financing
mechanism for the maintenance of such parks; and,
WHEREAS, the City has formed Community Facilities District (CFD) 20'15-02 and
the Developer shall annex to the City's CFD 2015-02 for landscape and park maintenance;
and,
WHEREAS, on December 17,2014, the City adopted Ordinance No. 2014-160,
codified in Chapter 9.55 of the Menifee Municipal Code ("MMC"), governing the payment
of Quimby fees and/or dedication of land to the City; and
WHEREAS, City of Menifee Municipal Code, Chapter 9.55 ("Park Dedication or
Quimby Fee Requirements for Residential Development Requiring a Tentative Map or
Parcel Map") 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, the Developer shall cause to have constructed one (l) 9.97-net acre
park, which includes open play areas in addition to children's play structures, picnic tables,
benches, shade shelter areas, two (2) full-size fenced baseball fields with dugouts and
bleachers, one ('l) full-size soccer field, basketball courts, restrooms, a parking lot with
handicapped accessibility, and parallel parking along the Park perimeter, for public use.
When completed, these recreational facilities will satisfy and potentially exceed park and
recreation (Quimby) requiremenls for project construction; and,
.182.{,0669,2 6 I 4. I I
When completed, these recreational facilities will satisfy and potentially exceed park and
recreation (Quimby) requirements for project construction; and,
WHEREAS, based on the average household size of 3.1 64 people for single-family
dwellings (with attached garages), number of units within the tract (359 units), and the
level of service standard of five (5) acres per thousand residents, the Developer is required
to provide minimum dedication of 5.68 acres of parkland;
WHEREAS, the City has agreed that upon dedication, construction and
acceptance by the City of the park, the Developer will have fulfilled all Quimby Act
requiremenls and current park conditions of approval for Revised Tentative Tract Map No.
2012-045; and,
WHEREAS, on June 15, 2016, the City adopted Ordinance No. 2016-193,
amending Chapter 9.55 of the Menifee Municipal Code ("MMC"), to allow credit for excess
park dedication; and
WHEREAS, based on the provision of the 4.29 acres of excess parkland
dedication (9.97 acres minus 5.68 acres) and pursuant to Assembly Bill 1359 (AB 1359),
the Developer may be allowed to use the excess credits to meet future Quimby
requirements within a 2 mile nexus radius of the Park site and within the City of Menifee
where it is reasonably foreseeable that the new subdivision's residents would use the
9.97-acre park and in compliance with the provisions of AB 1359; and,
WHEREAS, the City shall, upon Developer's dedications of the park in accordance
with the timing and conditions referenced below, accept such dedication as full compliance
with the Revised Tentative Tract Map and all Quimby Act and/or City requirements, and
no fees or other obligations shall be required by the City.
NOW, THEREFORE, the parties to this Agreement do mutually agree as follows:
t.RESPONSIBILITIES OF DEVELOPER
A DeveloDer shall build to an acceotable standard.
When designing and building the park, Developer agrees to follow the
provisions of the City of Menifee Municipal Code, Chapter 9.86 ("Park
Design, Landscaping and Tree Preservation") and the guidelines adopted
by the City.
B. Developer shall build the oarks in a timelv manner,
Developer shall secure approval from the City of the park conceptual plan,
approval of construction plans and construction, completion and
acceptance of the Parks at the times set out for performance in accordance
with City approved park conditions, as follows:
Park Plans. Prior to the issuance of the 80th buildi ng permit in the Tract
Map, the Park in Lot 360, shall be offered for dedication to the City or other
entity acceptable to the City of Menifee directly or through an appropriate
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mechanism as agreed to by the City and the applicant. Additionally, a
minor plot plan application shall be submitted to and approved by the
Community Development Department showing the detailed park plans (for
Lot 360). The plans shall show the landscape and rrrigation plans, along
with, but not limited to, any walls, fencing signage, playground equipment,
park furniture, hardscape, and/or structures. This park plan shall all show
the park with all topography, grading, and cross-sections. The plans shall
be approved by the City or other entity acceptable to the City of Menifee.
Before the issuance of the 80th building permit, Developer shall provide
sufficient surety to guarantee that the improvements and/or amenities set
forth in the minor plot plan are completed and ready for public sue within
the timeframes specified above.
Park Construction and Operation. Prior to issuance of the 1251h building
permit in the Tract Map, the Park, as shown on the TENTATIVE MAP [RTR
2012-045) and [Approved] EXHIBIT L shall be constructed and fully
operable. The landscaping, including irrigation, must be consistent with the
approved landscaping plans. The annexation to the City Community
Facilities District 2015-2 or other mechanism as agreed to by the City and
the application for maintenance of Open Space.
Before the issuance of the 125rh building permit, Developer shall provide
sufficient surety to guarantee that the improvements and/or amenities set
forth in the minor plot plan are completed and ready for public sue within
the timeframes specified above.
G. Develooer shall provide homeb r notification reoardino CFD.
Developer shall provide all necessary notifications to all future property
owners within this tract that CFD Maintenance District 2015-02 ("CFD") will
be formed and a special tax will be placed on all parcels within this project
to fund ongorng park maintenance.
D. Park parcels will be free of a ll liens and encumbrances at the time of
dedic ation.
Developer shall convey property to the City consistent with City of Menifee
Municipal Code, Chapter 9.55, as adopted by the City.
City shall make reasonable efforts to provide all necessary inspections and
document reviews within reasonable timeframes that assist the Developer.
B Gitv shall credit Developer's ication of Dark acreaqe and
ainst Quimbv fees due.
4824-066q -2614 .t
improvements aq
II. RESPONSIBILITIES OF CITY
A. Citv shall endeavor to orovide timelv assistance.
ilt.
IV
Upon dedication of park acreage, construction of improvements, and
acceptance by the City of this 9.97-acre park and improvements, Developer
will have satisfied Quimby park requirements per the provisions of City of
Menifee Municipal Code, Chapter 9.55. Pursuant to Government Code
Section 66477(aX2XB(9) the value of such dedicated park acreage, any
improvements thereto, and any equipment located thereon shall be a credit
against the payment of fees or dedication of Land.
C. CiW shall authorize the use of the excess credits from Developer's
dedication of park acreaqe and improvements for future Quimby fees
due.
The City shall allow the Developer, its assigns or future successor-in-
interest to use excess credits in the amount of 4.29 acres to meet future
Quimby requirements within a 2 mile nexus radius and within the City of
Menifee's jurisdiction where it is reasonably foreseeable that the new
subdivision's residents would use the 9.g7-acre park and in compliance
with the provisions of AB 1 359. The acceptability of the use of the available
credit for any particular future subdivision site shall be subject to City
Manager (or his designee) review and approval.
ASSIGNMENT
Pardee Homes, a California corporation, its assigns and successors-in-
interest, shall be bound by the terms and conditions contained in this
Agreement.
The prevailing party in any proceeding to enforce this Agreement shall be
entitled to reasonable attorney's fees as determined by the Court.
Modifications to this agreement shall be considered to be binding only if they
are made in writing and signed by the interested parties. No waiver of any term
or conditions of this Agreement shall be a continuing waiver thereof.
It is expressly understood and agreed by the Owner and the City that
the laws 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.
ln the event of litigation to enforce this Agreement, the prevailing party
in such litigation shall be entitled to reasonable costs and attorneys'
fees.
No waiver of any term or condition of this Agreement shall be a
continuing waiver thereof,
This Agreement may be amended only in writing signed by both parties
A
44824 -0669-26 1 4. l
MISCELLANEOUS
B.
c.
D.
This Agreement constitutes the entire agreement of the parties and
supersedes all other agreements, whether written or oral. However,
this Agreement does not supersede any entitlements issued or related
conditions of approval.
This Agreement may be executed in counterparts, each of which when
so executed shall be deemed and original and all of which, when taken
together, shall constitute one and the same instrument.
This Agreement inures to the beneflt of and is binding upon, the Parties,
and their respective heirs, successors and assigns.
The person(s) executing this Agreement on behalf of the parties hereto
warrant that (a) such party is duly organized and existing, (b) they are
duly authorized to execute and deliver this Agreement on behalf of said
party, and (c) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement.
lN WITNESS WHEREOF, the Owner and the City have caused this Agreement to
be signed in their names and on their behalf by their duly authorized representatives.
Dated /?L,rch 6 zott
"City"
CITY OF MENIFEE, a California Municipal
Corp oratio
By
Its
ATT
S h Manwa s,ity Clerk
APPROVED AS TO FORM
RUT TUC , LLP
"Owner"
Pardee Homes, a California ration
Dated , _2017
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