2021/10/06 Agreement PENDING Agreement for PM 38005 (document is pending being recorded)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, A C0100ERCIAL DEVELOPMENT PROJECT ("Agreement") is
entered into, effective as of M2021, by and between the CITY OF MENIFEE,
a California municipal corporation ("City"), 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 owner(s) in fee of certain real property located at Encanto Drive
approximately 544 feet 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 Property").
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
Improvements", as required in City's Subdivision Ordinance, for a Major Road. For
purposes of this Agreement, "Roadway Frontage Improvements" 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.
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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 Improvements 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 Improvements. 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:
Recitals Incorporated. The Recitals are incorporated as if fully set forth herein.
2. Completion of Propeqy Roadway Improvements and Securit . 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
Improvements, 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
Improvements, Developer shall proceed diligently to complete development of the Property
Roadway Improvements. Developer shall develop the Property Roadway Improvements,
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 Improvements, City shall have the right, following the delivery of written notice to
Developer, to elect to complete development of the Property Roadway Improvements, and
in such event, Developer shall be obligated to pay to City, the costs City incurred to complete
development the Roadway Frontage Improvements.
3. Indemnification. 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), indemnify, and hold free and harmless the City of Menifee
and the City's agents, officers, and employees, (each, an "Indemnitee") from and against
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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 Pay City Costs. Developer agrees to pay all costs incurred by the City
for the drafting, implementation, and enforcement of this Agreement, including, without
limitation all reasonable attorney's fees.
5. Covenants Running 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 modified 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. Attorney's Fees. In 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. Successors and Assigns. This Agreement shall be binding upon the heirs, executors,
administrators, successors, transferees, and assigns of the Parties.
10. Counterparts. 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 Agreement. The persons executing this Agreement on behalf of each
of the Parties hereto represent and warrant that (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
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Agreement, and (iv) that entering into this Agreement does not violate any provision of any
other Agreement to which said Party is bound.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be
effective as of the date first written above.
Dated: //L.2021
APPROVED AS TO FORM
RUT" 85 TUCKER, LLP
, City
Dated: , 2021
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16617196 5 a10/22/21 -4-
"CITY"
CITY OF MENIFEE, a qMifornia Municipal
Corporati `
By:
Printed Name: cz.y►t�G
Its:
u
E.D.D. INVESTMENT CO., LLC, a
California Limited Liability Company
By:
f &j'j fi
� 'k . J�z L"�
Printed Name: Donald P. Sheldrake
Its: Mana er
CALIFORNIA ALL PURPOSE 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)
ss
County of�it)
On l 0/,a- G 2021 before me, r �r�nc- a Notary Public, personally appeared
�O who proved to me on the basis of satisfactory evidence to be the person(
w ose nam*)CWam subscribed to the within instrument and acknowledged to the that_�Qlshelthey
executed the same iryj6kher/1h6r authorized capacity(ies), and that by 'h�rftheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, 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.
Y�EUI JUNG PARK
Commission No. 2319293
€j a 'Z NOTARY PUBLIC-CALIFORNIA
LOS ANGELES COUNTY r
My Comm Expires Jan. 19, 2024
(10674870;3) 882/031858-0003
16617196.5 a10/22/21 —5—
WITNESS my hand and official seal.
ry Public
EXHIBIT "A"
LEGAL DESCRIPTION OF APPLICATION PROPERTY
(See Attached)
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16617196.5 a10/22/21 EXHIBIT "A"
EXHIBIT "A"
EXISTING LEGAL
LLA 4698
PARCEL 'A'
BEING PARCEL 2 AS SHOWN ON EXHIBIT "B" ATTACHED TO THAT CERTAIN NOTICE OF LOT
LINE ADJUSTMENT NO. 4698, RECORDED AUGUST 11, 2005, AS DOC NO, 2005-0653044 OF
OFFICIAL, RECORDS, IN THE CITY OF MENIFEE. COUNTY OF RIVERSIDE. STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS-
BEING THAT PORTION OF PARCEI. 1, TOGETIIFR WITII ALL THAT PORTION OF PARCEL 2, AS
SHOWN ON EXHIBIT'B" ATTACHED TO THAT CERTAIN NOTICE OF LOT LINE ADJUSTMENT
NO.4106, RECORDED MAY 28, 1999 AS INSTRUMENT NO. 234498, OF OFFICIAL RECORDS,
BEING A PORTION OF LOT 10 AND LOT 11 OF TRUMBLE FARMS, AS SHOWN ON THE MAP
RECORDED IN BOOK 11. PAGE 38, OF MAPS, All. RECORDS OF SAID COUNTY;
BEGINNING AT TI IE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 10 AND THE
EASTERLY LINE OF ,rHE PARCEL CONDEMNED BY THE STATE OF CALIFORNIA BY FINAL
ORDER OF CONDEMNATION RECORDED JUNE, 23, 1966 AS INSTRUMENT NO. 65098 OF
OFFICIAL, RECORDED OF RIVERSIDE COUNTY AS SI IOWN ON SAID EXHIBIT "B";
THENCE EAST ALONG SAID NORTHERLY LINE, SOUTH 89°43'26" FAST, A DISTANCE OF 14.00
FEET TO A POINT ON THE EASTERLY LINE OF A 14.00 FOOT DEDICATION TO RIVERSIDE
COUNTY RECORDED APRIL 23, 1974, PER INSTRUMENT NO. 47696, OFFICIAL RECORDS;
THENCE SOUTH .ALONG SAID EASTERLY LINE, SOUTH 00°31'08" EAST, A DISTANCE OF 66.15
FEET TO A POINT ON A LINE 66.15 FEET SOUTI IERLY OF AND PARALLEL TO SAID
NORTHERLY LINE OF SAID LOT 10, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH ALONG SAID EASTERLY LINE, SOUTI 100*31'08" EAST, A
DISTANCE OF 388.89 FEET TO T1IE SOUTHWESTERLY CORNER OF SAID PARCEL 2 OF SAID
LOT LINE ADJUSTMENT NO.4698.
THENCE EAST LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE OF SAID
PARCEL 2 OF SAID LOT LINE ADJUSTMENT NO, 4698, SOUTH W43'32" EAST, A DISTANCE OF
339.99 FEET'TO THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL, 2;
THENCE NORTH ALONG T11E EASTERLY LINE OF SAID PARCEL 2 OF SAID LOT LINE
ADIUST'MEN'r NO. 4698, NORTH 00-31-08" WEST, A DISTANCE OF 125.00 FEET TO AN ANGLE
POINT ON THE EASTERLY LINE OF SAID PARCEL 2;
THENCE WEST ALONG SAID EASTERLY LINE OF SAID PARCEL 2 OF SAID LOT LINE
ADJUSTMENT NO. 4698, SOUTH 89043'32' EAST, A DISTANCE OF 208.90 FEET TO A POINT ON
THE MOST EASTERLY LINE OF SAID PARCEI, 2;
SHEET 1 OF 2
f10674870;31 882/031858-0003
16617196.5 a10/22/21 EXHIBIT "A"
EXHIBIT "A"
EXISTING LEGAL
LLA 4698
THENCE NORTH ALONG SAID EASTERLY LINE OF SAID PARCEL 2 OF SAID LOT LINE
ADJUSTMENT NO. 4698, NORTH 0012641" WEST, A DISTANCE OF 263.87 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL 2;
THENCE WEST LEAVING SAID EASTERLY LINE ALONG THE NORTHERLY LINE OF SAID
PARCEI. 2 OF SAID LOT LINE ADJUSTMENT NO, 4698, NORTH 89043'26" WEST, A DISTANCE OF
549.23 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2 TO THE TRUE POINT OF
BEGINNING.
THE ABOVE. I7I'St'RIRV-.D PARCEL OF LAND CONTAINS 4.30 ACRES MORE OR LESS.
fr
DENNIS W.1AND DATED
L.S. 6359
SHEET 2 OF 2
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16617196.5 a10/22/21 EXHIBIT "A"
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
(See Attached)
{10674870;3} 882/031858-0003
16617196.5 a10/22/21 EXHIBIT "B"
LEGAL DESC RiPTE
IN THE CITY OF NMNWEE- COUNTY OF RLvERSIDE. STATE OF CALEFORIN A
PARCEL NW NO.38005
BEING A SU'BMISION OF PARCEL 2 OF LINE ADIU'ST,%0NT NO. 4698. RECORDED AUGUST
11.'_005 AS DOCU!►IENTNO. 20054653044 RECORDS OF THE COUNTY RECORDER OF
RLVERSIDE COUNTY. CALffORMA. L1't 0 4E'IITOZ SECTION 15- TOLL'NSHIP 5 SOL`LK
RANGE 3 WT-ST. S. B-ML
END OF LEGAL DESCRIPTION
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16617196.5 a10/22/21 EXHIBIT `B"