2021/06/20 Diamond Brothers Five Partnership, LP PA No. 2019-017, CZ 2019-018, TTM 2019-007 (37671) PLN 20-0055 (37827) Menifee Village Specific PlanDocuSign Envelope lD: 5CE72330 D9D64F36-938E-89923DSFA373
June 2l .2021
DIAMOND BROTHERS, FIVE PARTNERSHIP
32OO GUASTI ROAD SUII'E IOO
ONTARIO. CA 9II05
Re:Agreement lor the Deposit and Reimbursement of fees incurred by the City ofMenifee in Conducting and Processing Analysis undcr the Califomiaflnvironmental Quality Act of Planning Application No. 2019-017,Change ofZone No. 2019-018, Tentative Tract Map No.2019-007 (TTM J7671) ANDPLN20-0055 ('[TM 37E28X "MENIFEE VILLAGE SPECIFIC PLAN"
Dear Mr. Sullivan
DIAMOND BROTHERS, FIVE PARTNERSHIp (..Developer,,) has requested that the
City of Menifee ("city") consider Planning Application No. 2019-01 7, change of 2one Np. 2019-0l8, Tentative Tract Map No. 2019-007 (TTM 37671) and pLN 20-0055 (TTM 37828)("MENIFEE VILLAGE SPECIFIC PLAN PROJECT"), located northwest of Domenigoni
Parkway and east ofLindenberger Road (APNs: 340-050-003, 140-050-014. 340-050-02t. 340-
040-030, 340-040-027), and which proposes the subdivision of 77 acres into commercial and
residential lots. The subdivision also creates four (4) larger open spaces, two (2) water quality
basins and streets for the overall project ("Project"). Tentative Tract Map No.2019-007 iTTM37671) proposes a subdivision of 64.0 gross acres into 182 single family residential lots ranging
in size from 6,000 to 16,172 square feet. The subdivision also creates l5 lots for HoA landscape,
a park and open space purposes with the landscape and open space encompassing 16.0 acres and
the park having an overall arca of 2.9 acres. The subdivision as proposed will be recoded in two
phases. PLN20-0055 (TTM 37E28) proposes a subdivision of I 8.1 7 gross acres into 94 lots with9l single family detached residential lots ranging in size from 2,720 to 4,819 square feer, a l.l
acre parcel for future commercial purposes, a 4.7 acre parcel for future community facilities center
and a 0.04 acre parcel for park purposes. The subdivision also creates 25 lots lor HOA and street
purposes. To conduct its review and analysis ofthe Project, the city is required to conduct an
environmental analysis ("CEQA Analysis") as required by the California Environmental eualityAct, Public Resources code section 21000 et seq., and its implementing guidelines found at T'itle
l4 of the Califomia Code of Regulations section 15000 e, .req.
The city will commence to take the steps necessary, at Developers sole expense so that the
City wilt be able to conduct and complete the CEQA Analysis. Developer has indicated that it is
680/03lE5E-0003
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Mr. Ron Su llivan
June 2l , 2021
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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 rimi and
resources, environmental consultant time and resources. City's legal counsel's time and resourscs,
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 technicai consullanls. 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 undertaking their consideration of whether or not to approve the
Project. Developer agrees to provide the city with an initial deposit in the amount oi sol,zso(''Initial Deposit"). The lnitial Deposit is Lhe estimaled full amount ofthe 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, ro
the attention ofthe Finance Director, on or before July S,2021 (..Effective Date,').
The lnitial Deposit shall be used to reimburse the Analysis costs. lf at any time the cityin its sole discretion determines that the Analysis Costs will exceed the amount of the Initial
Deposit, then Developer shall, within ten ( l0) days of receipt of written demand l.rom the city,
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 ofrevising the estimated Analysis Costs and requiring a revised deposit amountfrom 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,
attomeys and third parties do the same ("Stop work order"). Developer understands and
acknowledges that, even il the deposit is fully exhausted, it shall remain fully responsible for
Analysis costs incurred by the city up to the date thar the city issues a Stop work oider.
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 Menifee City Council 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 law, entitled or required to exercise discretion. By executing this Initial 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. 'l'he City's execution oi this
lnitial Deposit Agreement is merely an agreement to allow the necessary work to be completed, at
Developer's expense, to bring the GEQA Analysis forward for city consideration. Nothing in this
Initial Deposit Agreement shall be deemed to constitute a commitment by the City to appiove or
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Mr. Ron Sullivan
June 2l ,2021
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certify th€ cEQA Analysis, or a prejudgment of the matters required to be considered as part of
the decision whelher or not to approve the Project.
Please document Developer's concurrence with these terms and limitations by signing
below and retuming the originally executed letter to me, along with the lnitial Deposit.
Very truly yours,
CITY OF MENIFEE
Cheryl Kitzerow,unity Development Director
APPROVED AS TO FORM:
By,t
Je lng,City Anomeyvc
ACCEPTANCE OF INITIAL DEPOSIT AGREEMENT:
DIAMOND BROTHERS, FIVE PARTNERSHIP
By:Date:
Mr. Ron Sullivan
680/0ll85E-0003
t4598r 10.2 a06/2221
DocuSign Envelope lD: 72D8CB2A-D5AO-48F1-BD3',5pC82EO8AEA2
Mr. Ron Sullivan
June 21.2021
Page 3
lnitial Deposit Agreement is merely an agreement to allow the necessary work to be completed, at
Developer's expense, to bring the CEQA Analysis forward forCity consideration. Nothing in this
Initial Deposit Agreement shall be deemed to constitute a commitment by the City to approve or
certiry 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 returning 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:
Jeffrey Melching, City Attomey
ACCEPTANCE OF INITIAL DEPOSIT AGREEMENT:
DIAMOND BROTHERS, FIVE PARTNERSHIP
By:trunl) Su[;u"n Date:7 /15/202L
Mr on
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u tvan