2020/11/25 Agreement RE: CFD PP No 2017-04211t25t2020 Batch 8325861 Confirmation
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Menifee
298E,4 Haun Road
Menifee, California 92586
Attention: City Clerk
DOC # 2020-0591801
111251202010:25 AM Fees: $0.00
Page 1 of 11
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
'*This document was electronically submitted
to the County of Riverside for recording-'
Receipted by: MARIA VICTORIA #41 1
(Erem pr rronr r, u"n rSs'i? eTJ"?fi i.*i"""Stlffi i
AGREETIENT REGARDTNG ANilE)(ATION INTO A
COI/|IMUNITY FACILITTES DISTRICT AND
COVENANTS RUNNING WITH THE ]-AND FOR
PLOT PLAN NO.2OI7.O42
between
THE clw oF MENIFEE, a california municipal corporation
as City
and
WELLQUEST MENIFEE, LLC
a Limited Liability Company
as Developer
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11t25t2020 Batch 8325861 Confirmation
DOC#2020-0591801 Page 2 of 11
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AGREEi'IENT REGARDTNG ANNEXATION INTO A COMTUNITY FACILITIES DISTRICTAND COVENANTS RUNNING wlTH THE LAND FOR ildi iUU HO. 2017.042
Parties and Date.
This Agreement Regarding Annexation into a Comm unity Facilities District and CovenantsRunning with the Land for Plot Plan No. 20'l 7-O42 (hereinafter ieferred to as the ,,Aoreement') isentered into as of this ruovember 18 2020, by and between the City of Menifee, a Citiforniamunicipal corporation (hereinafter referred to as the "Citv"), and Wellquest llenifee, LLC, aLimited Liability Company , with its principal ptace of business at 1g5 South State Street, Salt LakeCity, UT 84111 (herei nafter referred to as "Develooe/ ).
3. Terms.
3'1 Petition' Prior to the date of this Agreement, Developer has signed a pet1ion to
2. Recltals.
2.1 Developer has submitted lo the City for its approval, plot plan No. 20,t7-042, aproposed development comprised of one resideniial parcel iomfrising .ppro*i*"t"ry's acres
19.".!:d in the.City of Menifee, County of Riverside, Staie of catiroinia l6erLinaner referred to asthe "Propertv"). The Plgnertv is more specifically described in gUioit w ano aepicteJ in ixhibit"8", both of which exhibits are attached hereto and incorpoiated h:;EfiEy ttris ieieience. =
2'2 On February 14, 2018, the City of Menifee Planning Commission (hereinafter
L*tt:9 to-.as the "Commisqion') approved Plot Plan No. 2017-0ai tr6reinatter referreo to as the'fl9t,lE) sybject to satisfactory completion of the conditions of-Approvat issued in connectionwith the Plot Plan (hereinafter referred io as "COA's') for the oevetopment of the property.
2.3 Pursuant to the COA'e, the Developer is required to annex the property into theCity of Menifee citywide Community Facilities bistrict rlio. zort-z (Maintenance 'services)
(hereinafter referred to as-the*CFq'), which was estabtistreo Oy City Council Resolution No. 15-440, adopted by the Menifee City Council on lrlay 20,_2_0-'15, t#prnior". of providing for certainmaintenance services. to th-e properly within ihe CFD, inclu'ding, uut nJt mit"i io puuriclandscaping, streetlights, traffic signali, streets, drainage raciiifier,'water quality basins, parks,trails, grafliti abatement, and other public improvements or facilities, arr is niore specincattydescribed in Exhibit C, attached hereto and incorporated herein Ov if,ir reference.
cFD' but the annexation has not yet been completed. To enaute oeveloper to ,""eirJ i buildingpermit prior to completion of said annexation, the coA's ieqrii" Developer to eniei lnto .,annexation agreement with the City, which obligates Developer ina t trre owners of the propertyto complete the annexation of the Property-into the CFb prioi to receiving a certificate ofoccupancy.
2'5 This Agreement is made in consideration of the approval of plot plan No. 2017-042 as approved by the Commission on February 14, ZO1g.
I
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annex the Property into the CFD.
3.2 Fair Shgre of Costs, Developer shall pay its fair share of all costs necessary for
the annexation of the Property into the CFD. Such costs shall include, but shall not be limited to,
all administrative, publication, engineering and legal costs and fees of any kind related to the
annexation of the Property into the CFD.
3.3 lnclusion. Developer understands, acknowledges and agrees that no certificate of
occupancy will be issued by the City prior to the inclusion of all of the Pioperty in the CFD.
3,4 lndemnification. Developer shall indemnify, defend and hold the City and the City's
officials, offlcers, employees, agents and contractors free and harmless from and against any anO
all losses, claims, damages, fees (including attorney's fees and costs), injurieslo persons or
property (including wrongful death) in any manner arising out of or incident io Developer's acts,
omissions or willful misconduct relating to this Agreement.
3.5 Amendment. The terms and conditions of this Agreement may be altered,
changed or amended only by written agreement of the parties hereto.
3.6 Notices. All notices to be given hereunder shall be in writing and may be made
either by personal delivery or by registered or certified mail, postage prepaid, return receipt
requested. Mailed notices shall be addressed to the parties at the addresses listed below, but
each party may change the address by written notice in accordance with this paragraph. Notices
delivered personally will be deemed communicated as of aclual receipt; mailed irotices will be
deemed communicated as of two (2) days after mailing.
City:City of Menifee
29844 Haun Road
Menifee, California 92586
Attn: City Clerk
Developer Wellquest Menifee, LLC
A Limited Liability Company
185 South State Street, Suite 1200
Salt Lake City, UT 84111
Attn:Charlene Kussner
3.7 Successors and Assions. This Agreement shall be binding on the successors and
assigns of the parties.
3'8 Recordation. City shall cause this Agreement to be recorded with the Riverside
County Recorder's Office.
3.9 Covenant Running \Mth the Land. The covenants in this Agreement are covenants
running with the Property, in accordance with the provisions of Civil Code Section 1469, The
covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth
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herein shall run with the Property and shall be binding upon all persons having any right, tifle or
interest in the Property, or any part thereof, their heirs, successive owners and alsighs;lhall inure
to the benefit of the City and its successors and assigns, shall be binding upon Developer, its
successors and assigns and successors in interest; and may be enforced by the City and its
successors and assigns. Developer hereby declares its understanding and intent that the burden
of the covenants set forth herein touch and concern the land by enhancing and increasing the
enjoyment and use of the Property, and by furthering the public purposes of tne City.
ln amplification and not in restriction of the provisions set forth hereinabove, it is intended
and agreed that the City is deemed a beneficiary of the agreements and covenants provided
herein both for and in its own right and also for the purposes of protecting the interesis of the
community. All covenants without regard to technical classification or designltion shall be binding
for the benefit of the City and such covenants shall run in favor of the City without regard to
whether the City is or remains an owner of any land or interest therein to which such covlnants
relate. However, all such covenants and restrictions shall be deemed to run in favor of all real
property owned by the City which real property shall be deemed the benefited property of such
covenants. The City shall have the right, in the event of any breach of any such agreement or
covenant, to exercise all of the rights and remedies, and to maintain any action at law or suit in
equity or other proper proceedings to enforce the curing of such breach of agreement or covenant.
3.10 A$ornev's Fees. Should either party bring a legal action for the purpose of
protecting or enforcing its rights and obligations under this Agreement, the prevailing party shall
be entitled, in addition to other relief, to the recovery of its attorney's fees, expenses ind costs of
suit, including expert witness fees.
3,11 Governinq Law. This Agreement shall be governed by the internal laws of the
State of California, without regard to conflict of law matters. Venue shall be in Riverside County.
3:12 Headinqq. Section headings contained in this Agreement are for convenience only
and shall not have an effect in the construction or interpretation of any provision.
3.13 Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotlations, understandings
or agreements, either written or oral, express or implied. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision.
[End of Agreement - Signature page fotlows]
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lN WTNESS WHEREOF, this Agreement has been executed by the parties on the day
and year first above written.
CITY OF MENIFEE,
a municipal corporation
0^.f /L^
City Manager
Attest:
by:
S,,yol, fr..
, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
DocuSigned by:
WELLQU EST MENIFEE, LLC,
a Limited Liability Company
Name:
by:
By
Its:
I (,1r1 fr(tovutl
ng, City Attorney
4
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frv 7,tl((
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of
o me,
personally appeared Z
who proved to me on the basis of satisfactory evidence to be the personfsf whose
namelgf islgr€subscribed to the within instrument and acknowledged to me that
helgheltbe! executed the same in hislt1cflll1erl authorized capacilytl#f, and that by
his/hefith,efr signature/sf on the instrument the persorypr), or the entity upon behalf of
which the person f$f acled, 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 m y hand and official seal
(Notary Public Seal)
)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of atlached document)
(Title or descrlption of attached docurnent continued)
ber of Pages _ Document Date_
INSTRUCTIONS FOR COMPLETING THIS ITORM
This form complies with current Calilornia statules regarding notant wording and,
if needed, .thould be completed and attached to the document. Acbtowledgments
lrom other slales malt be completed for documents being sent to thal ltale so long
as the n'ording does not require the Californio notory to violate Califin nia notory
law.
. State and County infomration must be the State and County where the dcpumcnt
signer(s) personally appcarcrl before the notary public for acknowledgment.
o Date of notarizatioo must be the date that thc signer(s) personally appearcd which
must also be the same datc the acknowledgment is completed.. The notary public must print his or her name as it appears within his or her
commission followed by a ctntma and then your title (notary public).
r Print the name(s) of document signe(s) who personally appear at the time of
notarization.
o Indicate the correct singular or plural lbrms hy crossing offinconect fbmrs (i.c.
he/shdtheS is /ar,e ) or oircling the correct fonns. F'ailure to conectly indicate this
informalion may lead to rejection ofdocumcnt rccording.
o The notary scal impression must hc clear and photographically rcproducible.
lmpression must not cover text or lines. lf seal impression smudges, re-seal if a
sullicient area permits, otherwise contplete a differcnt acknowledgmcnt form.. Signature of thc notary puhlic must match the signature on file with the office of
the county clcrk.
+ Additional information is nol rcquired but could help to ensurc this
acknorvledgmcnt is not misused or attached to a differcnt document.* Indicatc title or type ofartached documeut, number ofpages and date.+ Indicate tho capacity claimcd by thc signer. If the claimed capacity is a
corporatc ol'llcer, indicate the title (i.e. CEO, CIjO, Sccretary).r Securely attach this docr11r"n, to the signed docunrent wilh a staple.ll(i 1 l: V,:r:;io:r v,;..,;.* NkrtaryClasses. conj il()i,i-rl7::1..9665
SruYxusstGR
Coilnb.bn 1{o. mO
mlait"rtluGcluforxnXllIGo|rT
arq,ll r, tlrt
CAPACITY CLAIMED BY THE SIGNER
D lndividual (s)
tr Corporate Officer
(TitleItr Partner(s)
O Attorney-in-Fact
tr Trustee(s)
r-r Other
p,
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Exhibit "A"
Legal Description
Thoseportionsof Lot10, 11,12, 13, 14,35,and36of PrattEucalyptusTractNo.T,as
per Map Recorded i1B^oo[ 7 Page g of Maps, in the office of the Couniy Recorder, Countyof Riverside, state of californra, more particularly described as follows,
Beginning at the Southeast corner of said Lot 36, thence along the Southerly line of saidLot 35 and 36, North 89'29'35'west, 17s.45 feet, said point also being on theNortheasterly right of way tine of Antelope Road (34.00 feet in r,rrr*iJtni;
-
Thence along said right of way line, North 27"45'23" West, S87.39 feet to the beginningof a tangent curve Northeasterly and having a radius of 1,966 feet;
Thence Norlhwesterly 128.94 feet along said curve through a central angle of 03"45,2g,'to the Northerly line of said Lot 10;
Thence along said Northerly line, south 89"13'55'East, 510.0g to the norlheast cornerof said Lot 12,
]hence So_ulhe[Y 3lo!q_ the Easterly line of said Lot 12, south 00"26,05" west, 630 53feet to the POINT OF BEG|NN|NG;
Thence along said southerly lineof Lot 36, North gg"2g'35,,west, 17 61 feet;
This area containing 5.0 AC more or less.
See Exhibit "B" attached hereto and made a part hereof
PLS# 5928, H. Jei Kim
Date
HEUNG JEI KIM
gXp. l2-Jl-20
No. 5926
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EXHIBIT ''B''
10
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No. 5928
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CIry OF MENIFEE
RIVERSIDE COUNTY. CALIFORNIA SCALE AS SHOWN
DRAWN BENJIECFD EXHIBIT ''8"
PROPERTY OF: WELLQUEST MENIFEE, LLC
Fi(PACIFIC COAST t AtlD CONSULTAT{TS, tnc.ffiiffi
25090 .,EffERSON AVTNUE SUITE "C'
92562
DATE:9.30-20
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EXHIBIT "C"
DESCRIPTION OF MAINTENANCE SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2,
as provided by Section 53313 of the Act, will include all costs attributable to maintaining,
servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves
for replacement) in public street right-of-ways, public landscaping, public open spaces and
other similar landscaped areas officially dedicated for public use. These services include
the following:
1. maintenance and lighting of parks, parkways, streets, roads and open space,
which maintenance and lighting services may include, without limitation, furnishing
of electrical power to street lights; repair and replacement of damaged or
inoperative light bulbs, fixtures and standards; maintenance (including irrigation
and replacement) of landscaping vegetation situated on or adjacent to parks,
parkways, streets, roads and open space; maintenance and repair of irrigation
facilities; maintenance of public signage; graffiti removal from and maintenance
and repair of public structures situated on parks, parkways, streets, roads and
open space; maintenance and repair of playground or recreation program
equipment or facilities situated on any park; and
2, maintenance and operation of water quality improvements which include storm
drainage and flood protection facilities, including, without limitation, drainage inlets,
catch basin inserts, infiltration basins, flood control channels, fossilfuelfilters, and
similar facilities. Maintenance services may include but is not limited to the repair,
removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runofi, or appurtenant facilities,
clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and
other items necessary for the maintenance, servicing; or both of the water quality
basin improvements within flood control channel improvements; and
3, public street sweeping, on the segments of the arterials within the boundaries of
CFD No. 2015-2; as well as local roads within residential subdivisions located
within CFD No. 2015-2; and any portions adjacent to the properties within CFD No.
2015-2,
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SIREITSCAPT FRO}I]AGE 4.784
SIREETSCAPE ONS]E 8,I.J/ls
STREEI TREE 19
STORM DRAIN PIPE 9I3NLETS 7
wAIfR o|JAUTY BASTN 3.659
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A WELLQUEST LIVING COMMUNIW
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