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2021/11/23 Agreement Agreement for the Deferral of Public Improvements for Parcel Map 38005, A Commercial Development ProjectCHTCAGOT]TLE OOUPANY t CITY OF MENIFEE ATTN: CITY CLERK 29844 HAUN ROAD MENIFEE, CA 92586 Attenlion: City Clerk DOC # 2021-0698388 1112312021 04:33 PM Fees: $0.00 Page 1 of 10 Recorded in Official Records County of Riverside Peter Aldana Assessor-County Clerk-Recorder "This document was eleotronically submitted to the County of Riverside tor reco.ding" Receipled byr ELENA #448 (SPACE ABOVE RESERVED FOR RECORDER'S USE) (Exempt from Recording Fee Pursuant to Government Code 27383) AGREEMENT FOR THE DEFERRAL OF PUBLIC IMPROVEMENTS FOR PARCEL MAP 38005, A COMMERCIAL DEVELOPMENT PROJECT This AGREEMENT FOR THE DEFERRAL OF PUBLIC IMPROVEMENTS FOR PARCEL MAP 38005. A C ERCIAL entered into, effective as of \t DEVELOPMENT PROJECT (?greemenfl) is 2021, by and between the CITY OF MENIFEE, a Califomia municipalcorporation (Clty'), and E.D.D. INVESTMENT CO., LLC, a Califomia limited liability company ('Develope/). The City and Developer are herein refened to collectively as the "Parties" and individually as a "Party.' RECITALS A. Developer is the owne(s) in fee of certain real property located at Encanto Drive approximately 54 leel south of Mclaughlin Road in the City of Menifee, County of Riverside, State of California, as morc particularly described in Exhibit 'A-, which is attached hereto and incorporated herein by tris reference (the 'Applicatlon Property'). B. Developer submitted to City for City approval, Parcel Map 38005 ("Flnal Map"), a map recordation instrument for a subdivision of the Application Propery, which includes empty land and a KFC restaurant located on the southem portion of the Application Property, (the "Property). The Property is more particularly described in Exhibit "B', which is attached hereto and incorporated herein by this reference. C. Pursuant to City's General Plan, Encanto Drive fronting the Property is designated as a Major Road, and, as a result, the approval of a subdivision map for the Property must be conditioned on the applicant constructing all requisite 'Roadway Frontage lmprovements", as required in City's Subdivision Ordinance, for a Major Road. For purposes of this Agreement, "Roadway Frontage lmprovements' shall mean all curb, gutter, street, and pavement improvements required by City in the 14 foot strip of the property along Encanto Drive dedicated for public Right of Way, as depicted and described in the Final Parcel Map. OMMh*. (106748?0;31 16617196.5 trqn?zl E6,,0! I 8JE-0001 -l- REGORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CHICAGO TITLE COMPANY t RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MENIFEE ATTN: CITY CLERK 29844 HAUN ROAD MENIFEE, CA 92586 Attention: City Clerk (SPACE ABOVE RESERVED FOR RECORDER'S USE) (Exempt from Recording Fee Pursuant to Government Code 27383) AGREEMENT FOR THE DEFERRAL OF PUBLIC IMPROVEMENTS FOR PARCEL MAP 38005, A COMMERCIAL DEVELOPMENT PROJECT This AGREEMENT FOR THE DEFERRAL OF PUBLIC IMPROVEMENTS FOR PARCEL MAP 38005 entered into, effective , A COMMERCIAL DEVE as of hd.\-0 ,2021, LOPMENT PROJECT ("Agreement") is by and between the CITY OF MENIFEE, a California municipal corporation ("Gity"), and E.D.D. INVESTMENT CO., LLC, a California limited liability company ("Developer"). The City and Developer are herein referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the owne(s) in fee of certain real property located at Encanto Drive approximately 544 feel south of Mclaughlin Road in the City of Menifee, County of Riverside, State of California, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by this reference (the "Application Prope@"). B. Developer submitted to City for City approval, Parcel Map 38005 ("Final Map")' a map recordation instrument for a subdivision of the Application Property, which includes empty land and a KFC restaurant located on the southern portion of the Application Property, (the "Property"). The Property is more particularly described in Exhibit "B", which is attached hereto and incorporated herein by this reference. C. Pursuant to City's General Plan, Encanto Drive fronting the Property is designated as a Major Road, and, as a result, the approval of a subdivision map for the Property must be conditioned on the applicant constructing all requisite "Roadway Frontage lmprovements", as required in City's Subdivision Ordinance, for a Major Road For purposes of this Agreement, "Roadway Frontage lmprovements" shall mean all curb, gutter, street, and pavement improvements required by city in the 14 foot strip of the property along Encanto Drive dedicated for public Right of Way, as depicted and described in the Final Parcel MaP. 110674870:31 16617196 5 al0/22121 882r031E5E-0o01 -t- D. On April 15, 2021 , the City's Community Development Director approved the subdivision, subject to the Conditions of Approval issued in connection therewith (collectively, the "COA's"). E. Pursuant to the COA's, condition number 17, Developer is required to construct all Roadway Frontage lmprovements along the portions of the Property fronting Encanto Drive, as required in City's Subdivision Ordinance, for a Major Road. F. Section 7.80.030 of City's Subdivision Ordinance authorizes the approving body to approve an applicant's request for a deferral of road improvements if the applicant enters into deferred improvement agreement. G. Developer has requested a deferment of its obligation to construct the Roadway Frontage lmprovements. Pursuant to Section 7.80.030 of City's Subdivision Ordinance, City has agreed to approve such deferment, subject to the terms of this Agreement. AGREEMENT NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and based upon the foregoing Recitals, and the terms, conditions, covenants, and agreements contained herein, the Parties hereto agree as follows: 1 Recitals ln corporated. The Recitals are inco rporated as if fully set forth herein 2.m P Ro rovements an . Developer shall provide written notice to City at such time as planning efforts commence for the development of the Property (the "City Notice"). Prior to the issuance of any permits on Application Property, Developer shall (i) commence design and development of the Property Roadway lmprovements, and (ii) provide security that complies with Section 7.80.050 of City's Subdivision Ordinance (with such security to be in place prior to commencement of any construction activities). Following commencement of development of the Property Roadway lmprovements, Developer shall proceed diligently to complete development of the Property Roadway lmprovements. Developer shall develop the Property Roadway lmprovements, including without limitation all design and construction activities, in compliance with all applicable requirements of City's Subdivision Ordinance. Notwithstanding anything to the contrary in this Section 2, in the event Developer fails to timely complete the Roadway Frontage lmprovements, City shall have the right, following the delivery of written notice to Developer, to elect to complete development of the Property Roadway lmprovements, and in such event, Developer shall be obligated to pay to City, the costs City incurred to complete development the Roadway Frontage lmprovements. 3. lndemnification. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Developer shall defend (with legal counsel reasonably acceptable to City), indemniff, and hold free and harmless the City of Menifee and the City's agents, ofiicers, and employees, (each, an "lndemnitee') from and against 110674870;l) 16611196 5 Ll0l22/21 882Xlt lE5E-000] any and all claims, loss, cost, damage, injury, expense, and liability (including, without limitation, court costs, reasonable attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses actually incurred in connection therewith and costs of investigation, but excluding, punitive, special, exemplary, and consequential damages) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Developer, any of the Developer entities, anyone directly or indirectly employed by any of them, or anyone that they control, with regard to the actions described in this Agreement and will defend any action challenging the validity of this Agreement. The indemnification obligations of Developer pursuant to this Section 3 shall not apply to any such claims, losses, damages, injuries, expenses and liability to the extent caused by the gross negligence or willful misconduct of City. 4. Developer to v Citv Costs. Develo per agrees to pay all costs incuned by the City for the drafting, implementation, and enforcement of this Agreement, including, without limitation all reasonable attorney's fees. 5. Covenants Runn o with the Land This Agreement and the covenants and agreements established in this Agreement shall, without regard to technical classification and designation, be binding on Developer, its assigns, and any successors-in-interest to the Property, or any part thereof, for the benefit of and in favor of City, its successors and assigns, regardless of whether City owns or hold any interest in real property abutting or adjacent to the Property. 6. Amendments. This Agreement may be amended or modilied only by a written agreement executed by both Parties. No waiver of any of the terms of this Agreement shall be effective or binding unless in writing and executed by an authorized representative of the Party waiving its rights hereunder. 7. Attornev's Fees- ln the event any party to this Agreement brings an action to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs from the other party. 8. Waiver. The waiver by either party of any breach of any condition or covenant of this Agreement by the other party must be in writing. No waiver shall be deemed as a waiver of any subsequent breach of the same or any other condition or covenant. 9. Successo rs and Assions. This Agreement shall be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the Parties 10. Counte roarts. This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. 11 . Execution of Aqreemen! The persons executing this Agreement on behalf of each of the Parties hereto represent and warrantthat (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this | 10674870i1I 166171 .5 ^loD|nt 8E2/0ltE5E-0001 -J- Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. lN WTNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as of the date first written above. "ctrY" CITY OF MENIFEE. a Cal Municipal Dated: ltl{Corporation ,2021 By: Printed Name:V \\ Attest rah Ma ring, C APPROVED AS TO FORM RU & TUC R, LLP elching, Dated: l0 1\o ,2021 "DEVELOPER" E.D.D. INVESTMENT CO., LLC, California Limiled Liability Company By Printed Name: Donald P. Sheld rake Its: Manaqer ey a 110674870t31 t66ti 196 5 al'l22l2l 882/011858-0001 -4- Its:tr\^A tvrrrvtOcX.(j-------------- By: CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accu , or validity of that document. State of CALIFORNIA) County of C:farc, ,' 7 commi!3ion No.23le2el TOTARY PUBLIC.C IIFORI{IA I.OS ANGELES COUI{fY My Comm Expnoi Jln 19 202' Don On /t)2021 before me.a Notary Public, personally appeared who proved to me on basis of satisfactory evidence to be the personk) thatljc/she/theyto the within instrument and acknowledged to mewhose name(sliVare subscribed executed the saire ir(fi iytrerltheir authorized capacity(ics), and that byfiiyher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted' executed the instrument. I certifi under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. EUI JUNG PARK WITNESS my hand and official seal. 1/ 9 lgna N ry Public i 10674870;3 | I6617196 5 sl0/2221 882/03n58,0003 -5- SS EXHIBIT "A" LEGAL DESCRIPTION OF APPLICATION PROPERTY (See Attached) {10674870i31 16617 196 5 al0122l1l 882/0:lllt58-0003 EXIIIBI'I *A' EXHIBIT "A' EXISTING LEGAL LLA 4698 P-{R( I.l- 'A', BEING PARCEL 2 AS SHOWN ON EXHIBIT "8" AfiACHED TO THAT CERTAIN NOTICE OF I.OT LINE AD.,USTME^-T NO. 469t. RECORD€D AUc(rST I l, 2mJ, As D(r No. 2m1fiJlo{4 or OFFICIAI- RECO*DS. IN THE CITY OF MENITEE. COUNIY Of RIVERSID€. STATE OF CALITOR:{IA M()RE PAR1ICULANLY DESCRIBED AS FOLLOWS BEIT.rc T AT PORTIO}{ Of PARCEI- I. TMETHER WITH AI.I. TI{AT FORTION OF PARCEL 2. AS SHOI\N ON EXHIBIT'B' AITACHED TO TIIAT CERTAIN NOTICE (X LOT LINE ADJUS1MENT :\lo. 4to6. nECORDLD MAY 23. 1999 AS INSTRLMEI\T NO 214.19t. OF Of FICIAL RECORD6' BEING A PORTION Of LOT IO AND LOT I I OF TRTIMBLE FARMS. AS SI{OVN ON THF VAP RECORD€D 1\ BOOK II. PAGE ]t. OF MAPS. AI,I. RECORDS Of SAIDCT)IINTY; BEGNT TNG AT TIIE INTERSECIION OI TIIE NORTHT,RLY LINE OF SAID LOT IO AND THE EAS'I'ERLY LINE Of I'HE PARCEL CONDEMNED BY THE STATE Of CAI,IFORNIA 8Y FINAI. ORD€R OF CONDEMNATION RECORDET"I.]NE 21, I%6 AS INSTRT'MENT NO.65096 oF OFFICIAI. RECORDED OF RIVERSIDE COI,NTY AS SIIO$N OI\ SAID E,XHIBIT'8". THENCf, EAST ALOT{G SAID I{ORTHERLY LINE, SOUTH AT{}26' EAST' A DISTA}'ICE OF I4.M FEET TO A POI}{T ON THE EASTERLY LINE OF A I''.M F@T DEDICATI()}| TO RIVERSIDE COUNTY RECORDF,D APf,,IL 2], 1974, PER INSTRUMENT I{O. 47606' OfFICIAL RECORIX: THf,NCf, SOUTH ALONG SAID EASTERLY LINE. SOI,ITH OOP]I'(tr' EAST' A USTANCE Of 66.I5 FEET TO A POINT ON A LINE 66.I5 TEET SOUT}IER.LY Of AND PARALLE,L TO SAID NO&THERLY LINE OF SAID LOT IO. SAID POINT BE]NG THE TBUE PONYT OF BEGINNII{G; Tllf,IlcE coMlNUlI{G SOIJTH ALol\rc SAID EASTERI-Y LINE souTH (flltt" E^ST. A DISTANCE OF ]It.!9 FEET TO TI IE SOUTHWESTER!.Y CORNER OF SAID PARCEL 2 OF SAID LOT LINE ADJUSTMENT NO. 469t: TR]IiICE FIST LEAVIT.IG SAID EASTERLY L]NE AI.ONG THE SOUTHERLY LINE OF SAIT) PAn,CEL 2 OF SAID LOT LINE AD'USTMENT NO. '69T. SOUTH 89..]''2' EAST. A DISTANCE OF 119.99 fEET TO THE i,lOST SOUTHEASTERI-Y CORNER OF SAID PAICEI' 2; TUENCE M)RTH ALONC THE EASTERIY LIN€ Of SAID PARCEL 2 OF SAID LOT LINE ADJUSTMENT NO. '59t. NORTH d)1I ISt' WEST. ^ DISTANCE OF I25 M FEET TO AN ANGI,E FOINT OT{ THE EASTERLY LINE OF SAID PARCEL 2: Tf,ENCE WEST ALOI{C SAID EASTERLY LTNE OF SAID PARCEI, 2 Of SAID LOT LINE ADJUSruENT NO. {69t, SOt,lTH tT']'32' EAST, A DISTANCE OF 2Ot,9O FEET TO A FOINT ON THE M6T EASTERLY LINE OF SAID PARCEI- 2; SHEEI 1 OF 2 i10674870;3)l66l1t 5 a10121/21 8E2/0I858-0001 EXHIBIT "A'' EXHIBIT "4" EXISTING LEGAL LLA 4698 TBf,NCE M)RTH AI,ONG SAID EASTERI.Y I-INE OF SAIT' PARCEL 2 Of SAID LOT L]NE AD'USTMEIiT NO. .169T. NORTII M?6'4I' WEST. A T'STANCE OF 26],T7 FEET TO THE NORTHEAST CORNTR OF SAID PARCEL 2. TIIENCE WEST LEAVINC SAID EASTERLY LINE ALOIIC THE NORTHERI-Y LINE Of SAID PARCEI- 2 G SAID I.OT I,INE AD'USTMENT NO. 460E. }TORTH !9"'26" WEST. A DISTA]\CE Of '49 2] FEET TO THT, I{ORTHWEST CORNER OT SAID PARCEI, 2 TO THE TRI'f, ''OII{[ O' Bf,GINNING. THT AAOVE T'F^SCRIAED PARCEI, (T I-ANDC,ONTAII{S { ]O ACRES MORE OR LESS s\l L S 6tt9 l ZI\at I),1r't]t) SHEET 2 OF 2 4..\I 110674870;3l 166111 5,l0l22nl tlr2/r)u l858-r)001 EXHIBIT "A" I 10674870;31 16617196.5 al0/22121 882/0:1B5ll 000i EXHIBIT "B" EXHIBIT "B" LEGAL DESCRIPTION OF PROPERTY (See Attached) LEG.\L DES( RIPTIO\ RJ II{E CIT\' OF \IE\IFEE. CO(}iTI- OF RNERSIDE. STATE OF C.{LIFORNL{ BEII$G A SLBDI\'ISIG{ OF P.{8CEL I OF LII{E ADTLIST}IENT !.IO {69t. RECORDED AUC,LST I I . ]@5 AS DOCL}IEI{T NO ](X)J4653OI{ RECORDS OT THE COL}TTY RECORDER OF RnERSIDE COL'!iTt'. C.{IFORNIA- LIINGEqTE|P{ SICTION r J . TOtrNSl{P J SOLTI{. P.{RCEL \{AP NO ]8005 I I 0674870;3 | 16611l 5 aloD2l2l 6E2,01165E-0001 EXHIBIT'B'