2019/03/06 Richland Planned Communities, Inc. TTM 31194AGREEMENT BETWEEN
THE CITY OF MENIFEE AND RICHLAND PLANNED COMMUNITIES
REGARDING COMPLIANCE OF TENTATIVE TRACT MAP NO. 31194
wrrH GovERNMENT CODE SECTTON 66477 ("QUTMBY ACT")
THIS AGREEMENT is entered into this (il ary ot ltj\ffvol"201f, by and
between the City of Menifee ("City") and Richland Planned Communities, lnc., a California
corporation (hereinafter referred to as "Developer") regarding Developer's compliance
with the Quimby Act, through dedication, construction and acceptance of a 5.3s-acres of
park identified ln Tentative Tract Map No. 31 194.
WHEREAS, the Developer is in the process of fulfilling all of the conditions of
approval for Tentative Tract Map No. 31 194, including all condition nos., as accepted by
the City and Developer, providing for payment of Quimby fees and provision of landscape
maintenance; and,
WHEREAS, the conditions of approval for Tentative Tract Map No. 31 194 provide
that the Developer take the steps necessary to form a financing mechanism for the
maintenance of such parks; 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 lo mitigate the impacts of the project on existing
public park and recreation facilities located near the project, and,
WHEREAS, Developer's project ("Golden Meadows Project") proposes 474
dwelling units, three parks, and two water quality basins within 206.8 acres, and will be
located west of the lnterstate 215 freeway, east of Evans Road, and south of Garbani
Road; and,
WHEREAS, Developer is required to provide 7.5 acres of parkland to meet its
Quimby requirements; and,
WHEREAS, in order to satisfy the conditions of approval for Tentative Tract Map
No. 31194, and in compliance with Menifee Municipal Code, Chapter 9,55, the Developer
has proposed to construct a 1) 3.67-net acre park, which will be HOA maintained and will
include a full-size soccer field, single-use restroom facility, children's play structures,
picnic tables, benches, shade shelter areas, drinking fountains, walking paths, trash
receptacles, dog waste stations and parallel parking along the Park perimeter, for public
use; 2) 1.s-net acre park, which will be HOA maintained, and include a small children's
play structure, passive turf areas, picnic shelter, walking paths and lighting, drinking
fountains, picnic tables, benches, trash receptacles, and dog waste stations; and 3) 0.73-
net acre park, which will be HOA maintained, and include walking paths, picnic tables,
RECITALS:
I
benches, trash receptacles, a fenced dog park, and waste stations. When completed,
these recreational facilities will satisfy a majority of the park and recreation (Quimby)
requirements for project construction; and,
WHEREAS, as stated in Resolution No. 16-514, based on the average household
size of 3.164 people, for single-family dwellings (with attached garages), number of units
within the Golden Meadows Project (474 units), and the level of service standard of five
(5) acres perthousand residents, the Developer is required to provide minimum dedication
of 7.5 acres of parkland; and,
WHEREAS, Developer has agreed to pay the City in-lieu fees for the balance of
Quimby requirement of 2.15 acres in the amount of $163,685.95; and,
WHEREAS, the City has agreed that upon dedication and construction, the
Developer will have fulfilled all Quimby Act requirements and condition of approval nos.
IINSERT CONDITION NUMBERSI for Tentative Tract Map No. 31 194; 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 Tentative Tract Map condition of all final approval nos. and all Quimby Act and/or
City requirements for 5.35 acres of the 7.5 acres required.
NOW, THEREFORE, the parties to this Agreement do mutually agree as follows
I. RESPONSIBILITIES OF DEVELOPER
A. Developer shall build to an acceptable 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 parks in a timely manner.
Park Plans.
First Park Plan Required. Priorto the issuance of the 60th building permit
in the tract, the applicant shall submit a Final park plan to the City of
Menifee Community Development Department for review and approval for
the most adjacent park (Lot 487, 488 or 489 as shown on the approved
tentative map) to the phase being built as shown on the tentative map. The
plan shall be prepared consistent with the park plan requirements detailed
in Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and
with Menifee Municipal Code Chapter 15.04 for water efficient
landscaping.
Developer shall secure approval from the City of the park conceptual plan,
approval of construction plans and construction, completion and
acceptance ofthe Parks at the times set out for performance in accordance
with City approved park conditions, as follows:
First Park Construction. The park and amenities located within the first
park shall be installed and open to the public prior to issuance of the 120th
building permit (all phases). The park and amenities shall be installed per
City approved park plans. The park and amenities will be inspected by City
staff to verify that this has occurred. Failure to comply with any deadline
for the development of the improvements and/or amenities shall halt the
issuance of building permits and suspension of all building inspections for
residential dwelling units within the subdivision. The Community
Development Director shall have the ability to defer the installation of the
park landscaping and amenities as noted below, but may require
performance securities and additional deposits to cover administrative
costs.
Second Park Plan Required. Prior to the issuance of the 180th building
permit, the applicant shall submit a Final park plan to the City of Menifee
Community Development Department for review and approval. The plan
shall be prepared consistent with the park plan requirements detailed in
Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and
with Menifee Municipal Code Chapter 15.04 for water efficient
landscaping.
Second Park Construction. The park and amenities located within the
second park shall be installed and open to the public prior to issuance of
the 240th building permit (all phases). The park and amenities shall be
installed per City approved park plans. The park and amenities will be
inspected by City staff to verify that this has occurred. Failure to comply
with any deadline for the development of the improvements and/or
amenities shall halt the issuance of building permits and suspension of all
building inspections for residential dwelling units within the subdivision. The
Community Development Director shall have the ability to defer the
installation of the park landscaping and amenities as noted below, but may
require performance securities and additional deposits to cover
administrative costs.
Third Park Construction. The park and amenities located within the third
park shall be installed and open to the public prior to issuance of the 360th
building permit (all phases). The park and amenities shall be installed per
City approved park plans. The park and amenities will be inspected by City
staff to verify that this has occurred. Failure to comply with any deadline
for the development of the improvements and/or amenities shall halt the
issuance of building permits and suspension of all building inspections for
residential dwelling units within the subdivision. The Community
Third Park Plan Required. Prior to the issuance of the 300th building
permit, the applicant shall submit a Final park plan to the City of Menifee
Community Development Department for review and approval. The plan
shall be prepared consistent with the park plan requirements detailed in
Menifee Municipal Code Chapter 9.86 and Park Design Guidelines, and
with Menifee Municipal Code Chapter 15.04 for water efficient
landscaping.
Development Director shall have the ability to defer the installation of the
park landscaping and amenities as noted below, but may require
performance securities and additional deposits to cover administrative
costs.
Park Construction and Operation.
First Park Construction and Operation. Prior to issuance of the building
permit in the Tract Map, the Park, as shown on the TENTATIVE MAP and
[Approved] EXHIBIT A, shall be constructed and open to the public. The
landscaping, including irrigation, must be consistent with the approved
landscaping plans.
Second Park Construction and Operation, Prior to issuance of the
building permit in the Tract Map, the Park, as shown on the TENTATIVE
MAP lApproved] EXHIBIT B, shall be constructed and open to the public.
The landscaping, including irrigation, must be consistent with the approved
landscaping plans.
Before the issuance of the 240th 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 use within
the timeframes specified above.
Third Park Construction and Operation. Prior to issuance of the building
permit In the Tract Map, the Park, as shown on the TENTATIVE IVIAP and
lApproved] EXHIBIT C, shall be constructed and open to the public. The
landscaping, including irrigation, must be consistent with the approved
landscaping plans.
Before the issuance of the 360th 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 use within
the timeframes specified above.
A. Citv shall orovide tim ely assistance.
City shall make all reasonable efforts to provide all necessary inspections
and document reviews within reasonable timeframes that assist the
Developer.
B
1
Before the issuance of the 120th 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 use within
the timeframes specified above.
II. RESPONSIBILITIES OF CITY
Citv shall credit Develooer's dedication of park acreaqe and
improvements aqainst Quimbv fees due.
il.
tv.
Upon dedication of park acreage, construction of improvements, of this
5.35 acres in 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(a)(2)(B(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.
ASSIGNEES AND SUCCESSORS-IN.INTEREST BOUND
Richland Planned Communities, a California corporation, its assigns and
successors-in-interest, shall be bound by the terms and conditions
contained in this Agreement.
MISCELLANEOUS
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.
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
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 benefit 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.
B
C
D
E
F
H
5
ln the event of litigation to enforce this Agreement, the prevailing party
in such litigation shall be entitled to reasonable costs and attorneys'
fees.
A.
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 rue-a!,-#"City"
CITY OF MENIFEE, a California Municipal
rporation
')/.
Its: lrAv or'du Zu-re*,wl
Co
By:
Sa h t\il anwann lerk
APPROVED AS TO FORIiI
RUT T CKER, LLP
cit orn v
Dated:, _2018
"Owner"
Richland Planned Communities, a California
corporation
By
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