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2021/10/06 Agreement PENDING Development Agreement E.D.D. Investment Co., LLC (document is pending recordation)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Menifee 29844 Haun Road Menifee, California Attention: City Clerk EXEMPT FROM FILING FEES GOVERNMENT CODE 3 6103 (Space above for Recorder's Use) AGREEMENT REGARDING A COMMUNITY FACILITIES DISTRICT AND COVENANTS RUNNING WITH THE LAND FOR TENTATIVE PARCEL MAP (TPM) NO. 20-0259/ 38005 between THE CITY OF MENIFEE a public agency and E.D.D. INVESTMENT CO., LLC a California limited liability company as the Developer {10674871;3} AGREEMENT Parties and Date. This Agreement (this "Agreement") is entered into as of this JU_ day of , 2021, by and between the City of Menifee, a municipal corporation (hereinafter referred to as "City") and, E.D.D., INVESTMENT CO., LLC with its principal place of business at 32235 Ano Crest Drive, Winchester, CA 92596 (hereinafter referred to as "Developer"). 2. Recitals. 2.1 Developer has submitted to the City for its approval, Tentative Parcel Map No. 20- 0259/ 38005, a proposed development on property comprised of two (2) commercial parcels comprising approximately 4.15 acres located on Encanto Drive, approximately 544 feet south of Mclaughlin Road in the City of Menifee, County of Riverside, State of California (hereinafter collectively referred as the "Property"). All property is as legally described in Exhibit "A" attached hereto and incorporated by reference. 2.2 On April 15, 2021, the City of Menifee Community Development Director (hereinafter referred to as the "City") approved Tentative Parcel Map No. 38005 (hereinafter referred to as the "TPM" subject to satisfactory completion of the Conditions of Approval issued in connection with the TPM (hereinafter referred to as "COA's") for the development of the Property. A depiction of the TPM is attached hereto as Exhibit B. 2.3 Developer and City desire to enter into this Agreement for the purpose of complying with Conditions of Approval No. 33. Although timing prevents the Developer from agreeing to the express terms of Conditions of Approval in Recital 2.2 above, it is willing to agree that all property located in Parcel 1 (as legally described in Exhibit C attached hereto and incorporated herein by reference) and Parcel 2 (as legally described in Exhibit ❑ attached hereto and incorporated herein by reference) of the Property will be included within an established and recorded Citywide Maintenance District prior to any sale, transfer or other conveyance of any kind of property located within Parcel 1 and Parcel 2. Notwithstanding the foregoing, the first sale of Parcel 1 by Developer following recordation of the TPM may occur prior to the inclusion of the Property within an established and recorded Citywide Maintenance District. 2.4 Developer has submitted an application to the City to annex the Property into the CFD, but the annexation has not yet been completed. To enable Developer to process and record the final map for the Property prior to completion of said annexation, the COA's require Developer to enter into an annexation agreement with the City which obligates Developer and future owners of the Property to complete the annexation of the Property into the CFD. The annexation shall be completed prior to the issuance of any certificate of occupancy due to any development on Parcel 1 and Parcel 2 of the approved Tentative Parcel Map No. 20-0259/ 38005. 2.5 This Agreement is made in consideration of the approval of Tentative Parcel Map No. 20-0259/ 38005 as approved by the City on April 15, 2021. {10674871;3} 3. Terms. 3.1 Petition. As owner of all property located within Parcel 1 and Parcel 2, Developer shall sign a petition to annex Parcel 1 and Parcel 2 to an established and recorded Citywide Maintenance District. Developer shall sign such petition upon the request of the City at no cost, expense or other obligation of the City. 3.2 Fair Share of Costs. Developer shall pay its fair share of all costs necessary for the annexation of Lot A and Lot B into the Citywide Maintenance District. 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 Parcel A and Parcel B into the Citywide Maintenance District. 3.3 Inclusion. Developer understands, acknowledges, and agrees that it shall not be authorized to sell, transfer or in any other manner convey any of the property located within Parcel 2 prior to the inclusion of all property located in Parcel 1 and Parcel 2 in the Citywide Maintenance District which is currently in the process of formation pursuant to all requirements of state and local laws, rules and regulations. Notwithstanding the anything to the contrary in the foregoing, the first sale of Parcel 1 by Developer following recordation of the TPM may occur prior to the inclusion of the Property within an established and recorded Citywide Maintenance District. 3.4 Indemnification. Developer and the City shall mutually indemnify, defend and hold each other and their officials, officers, employees, agents and contractors free and harmless from and against any and all losses, claims, damages, fees (including attorney's fees and costs), injuries to persons or property (including wrongful death) in any manner arising out of or incident to each other's own negligent 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 actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing. City: City of Menifee 29714 Haun Road Menifee, California 92586 Attn: City Clerk Developer: E.D.D. INVESTMENT CO., LLC 32235 Ano Crest Drive Winchester, CA 92596 Attn: Donald P. Sheldrake (10674871;3) 2 3.7 Successors and Assigns. 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 With the Land. The parties intend that the benefits and burdens described herein constitute covenants running with Parcel A and Parcel B for the benefit of the Developer's property located within Parcel A and Parcel B. 3.10 Attorney'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 and costs of suit. 3.11 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.12 Headings. Section headings contained in this Agreement are for convenience only and shall not have 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 negotiations, 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. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. CITY OF MENIFEE By: Attest: By: / WMAY Clerk e Form r {10674871;3} 3kffr6TT. Me!�y9K1 City Attorney E.D.D. INVESTMENT CO., LLC a California limited liability company By: Managing Mem er Donald P. Sheldrake 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 old` ' llcw ) On ! � .►� � 2021 before me, � u n c. a Notary Public, personally appeared 1r e• _ Swho proved to me on a basis of satisfactory evidence to be the person* whose named}Lirsiare subscribed to the within instrument and acknowledged to me thadi/&helthey executed the same it i her/their authorized capacity(ics% and that by lherltheir signature(s) on the instrument the person(s, or the entity upon behalf of which the person(&) - 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. EUI JUNG PARK Commission No. 2319293 NOTARY PUBLIC-CALIFORNIA n LOS ANGELES COUNTY Co —)'My Comm. Expires Jan. 19, 2024 {10674871;3} 4 WITNESS my hand and official seal. -Ignature"o'fNo Public {10674871;3} EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY (See attached) 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 DO,C 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 PARCEL 1, TOGETHER WITH 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, 19" AS INSTRUMENT NO. 234498, OF OFFICIAL RECORDS, BEING A PORTION OF LOT 10 AND LOT 1 I OF TRUMBLE FARMS, AS SHOWN ON THE MAP RECORDED IN BOOK 11, PAGE 38, OF MAPS, AI.I. RECORDS OF SAID COUNTY; BEGINNING AT TI IE INTERSECTION OF TIIE NORTHERLY LINE OF SAID LOT 10 AND THE EASTERLY LINE OF THE 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 COI JNTY AS SI IOWN ON SAID EXHIBIT "B"; THENCE EAST ALONG SAID NORTHERLY LINE, SOUTH 89043'26" EAST, A DISTANCE OF 14.00 FEET TO A POINT ON THE EASTERLY LINE OF A 14.00 FOOT DEDICATIONTO RIVERSIDE COUNTY RECORDED APRIL 23, 1974, PER INSTRUMENT NO. 47696, OFFICIAL RECORDS; THENCE SOUTH ALONG SAID EASTERLY LINE, SOUTH 00031'08- 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 TRINE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID EASTERLY LINE, SOUTH 00-31'08" EAST, A DISTANCE OF 388.89 FEET TO TI IE 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 THE EASTERLY LINE OF SAID PARCEL 2 OF SAID LOT LINE ADJUSTMENT 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 89°4312- EAST, A DISTANCE OF 208.90 FEET TO A POINT ON THE MOST EASTERLY LINE OF SAID PARCEL 2; {10674871;3} SHEET 1 OF 2 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 00°26'41' 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 PARCEL 2 OF SAID LOT LINE, ADJUSTMENT NO. 4698, NORTH 89°43'26" WEST, A DISTANCE OF 549.23 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING. THE ABOVE. DE%CRIRH) PARCEL OF LAND CONTAINS 4,30 ACRES MORE OR LESS. DENNIS W. JAKDX DATED L.S. 6359 i {10674871;3} SHEET 2 OF 2 Exhibit A Na 5350 {10674871;3} EXHIBIT "B" Depiction of Parcel Map (See attached) Exhibit B EXHIBIT "B" _ PLAT PM 38005 14' VICINITY MAP LOT 9 N.T S EA5TFRS Y LINE OF PCL CONDEMNED BY THE STATE OF CALIF BY FINAL TRUMBLE FARMS ORDER OF CONDEMNATION PER MB 11/38 INST. NO. 65098. O R. REC W 1196t, -N8V18'03"W 1400' -- NORTHERLY LINE LOT 10 PARCEL 1. LLA 4698 -T,P.O,B. INST. NO. 2005-0653044 PAR.1 N89° 3 REC. 0/11/2005 "W 18 D 532-07' 14' DEDICATION TO RIV CN1Y PER INST 47696. REC 4/2311974, OR PARCEL 1 PM 38005 is POR. PARCEL 2 ° LLA 4690 INST. NO. 2005-0653044 n' REC. 6/11 /2005 T.P.O.B. PAR.2 N89'1T58-W 33999' 322,99' 1 PARCEL 2 POR. PARCEL 2 PM 38005 INST.NO 2005-0653044 c REC. 8/11/2005 c w 14' DEDICATION TO RIV. CNTY g PER INST.47698, Z REC V23l1974, OR 322 9v N89'1T58"W 339.99' 14' DEDICATION TO RIV, CNTY PER INST 47697, REC. 4/23/1974, O.R. DJIDENNIS JANDA, INC. MAPPINGIS RVEYING SERVICES 4"84REONG/ONAVENUE PH: (931)Hi-W4 TEMECULA, CA V26l0 FAK: ("1) 49"5 4 EMAJI urnm c/riiu++c rr:av:a+n {10674871;3} SHEET 1 OF 1 Exhibit B LVA I 208.75' N89' i T58-W POR LOT 11 TRUMBLE FARMS MB 11/38 SEC. 15, T.5S., R 3W. S.B.M. SCALE: 1" = 100' DATE: 10I14l21 {10674871;3} EXHIBIT "C" LEGAL DESCRIPTION OF PARCEL 1 (See Attached) Exhibit C EXHIBIT "C" LEGAL PM 38005 PARC.EL'I' BEING PARCEL I AS SHOWN ON PARCEL MAP 38005, IN THE CITY OF MENIFEE, COUNTY Of. - RIVERSIDE, STATE•, OF CALIFORNIA, IN SECTION IS. TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., MORI: PARTICULARLY DESCRIBED AS FOLLOWS - BEING A PORTION OF PARCEL 2 AS SHOWN ON EXHIBIT " B" ATTACHED T'O T'HAT CERTAIN NOTICE OF LOT LINE ADJUSTMENT NO, 4698, RECORDED AUGUST 11. 2005, AS DOCUMENT NO. 2005-0653044 OF OFFICIAL RECORDS, SAID PORTION OF PARCEL. 2 BEING A PORTION OF PARCEL I AND A 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. SAID LAND BEING A PORTION OF LOTID OF TRUMBLE FARMS. AS SI[OWN ON THE MAP RECORDED IN BOOK 11, PAGE, 38. OF MAPS, ALL RECORDS OF SAID COUNTY; BEGINNING AT THE. INTERSECTION OF THE NORTHERLY LINE OF LOT 10 OF TRUMBLE FARMS, AS SHOWN ON THE MAP RECORDED IN BOOK 11, PAGE 38, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND THE EASTERLY LINE OF-fHE PARCEL CONDEMNED BY THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JUNE 23, 1966 AS INSTRUMENT NO.65099 OF OFFICIAL. RECORDED OF RIVERSIDE COUNTY; THENCE EAST ALONG SAID NORTHERLY LINE, SOUTH 99019'03' EAST, A DISTANCE Ol' 14.00 FEET TO A POINT ON THE EASTERLY LINE OF A 14.00 FOOT DEDICATION TO RIVERSIDE COUNTY PER INSTRUMENT NO. 47696, RECORDED APRIL 23, 1974, OFFICIAL, RECORDS; THENCE SOUTH ALONG SAID EASTERLY LINE, SOUTH 00005'04" EAST, A DISTANCE OF 66.16 FEET TO A POINT ON A LINE. 66.15 FEET SOUTHERLY OF AND PARALLEL TO SAID NORTHERLY LINE OF SAID LOT I0, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID EASTERLY LINE, SOUTH 00°05'04" EAST, A DISTANCE OF 233.85 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID PM 38005: THENCE EAST LEAVING SAID EASTERLY LINE. ALONG THE SOUTHERLY LINE OF SAID PARCEL I, SOUTH 89°17'58" EAST, A DISTANCF. OF 339.99 FEET TO AN ANGLE POINT IN SAID SOUTHERLY LINE: THENCE SOUTH ALONG SAID SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 00°05'04" EAST, A DISTANCE OF 30.00 FEETTO AN ANGLE POINT ON SAID SOUTI IERLY LINE OF SAID PARCEL I; THENCE EAST ALONG SAID SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 89017'58" EAS'f, A DISTANCE OF 209.75 FEET TO T11E SOUTHEAST CORNER OF SAID PARCEL, 1; {10674871;3} SHEET 1 OF 2 Exhibit C EXHIBIT "C" LEGAL PM 38005 THENCE NORTH ALONG THE EASTERLY LINE OF SAID PARCEL 1, NORTH 00-w43" WEST, A DISTANCE OF 263.85 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE WEST LEAVING SAID EASTERLY LINE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, NORTH 89°18-03" WEST, A DISTANCE OF 549.07 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1, POINT BEING THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 3.09 GROSS ACRES MORE OR LESS. •f Wo,wzl 4— I�ATFI>r L.S. 6359 fl0674871;3) SHEET 2 OF 2 Exhibit C {10674871;3} I *:/:I I -l10 DA LEGAL DESCRIPTION OF PARCEL 2 (See Attached) Exhibit D EXHIBIT "D°' LEGAL PM 38005 PARCEL '2' BEING PARCEL 2 AS SHOWN ON PARCEL MAP 38005. IN THE CITY OF MEN1F'EE, COUNTY OF RIVERSIDE, STATE. OF CAI-IFORNIA, IN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M.. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 2 AS SHOWN ON EXHIBIT "B" AT FAC IED TO T'HA'1' CERTAIN NOTICE OF LOT LINE ADJUSTMENT NO. 4698, RECORDED AUGUST 11, 2005, AS DOCUMENT NO.2WS-0653044 OF OFFICIAL RECORDS, SAID PORTION OF PARCEL 2 BEING A PORTION OF PARCEL 2, AS SHOWN ON EXHIBIT "B" ATTACHED TO THAT' CERTAIN NOTICE. OF LOT LINE ADJUSTNIENT NO. 4106, RECORDED MAY 28, 1999 AS INSTRUMENT NO. 234498.OF OFFICIAL RECORDS, SAID LAND BEING PORTIONS OF LOT 10 AND LOT I I OF TRUMBLE FARMS, AS SHOWN ON THE MAP RECORDED IN BOOK 11, PAGE 38, OF MAPS, ALL RECORDS OF SAID COUNTY; BEGINNING ATTI IE INTERSECTION OF THE NORTHERLY LINE OF LOT 10 OF TRUMBLE FARMS, AS SHOWN ON THE MAP RECORDED IN BOOK 11, PAGE 38, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA AND THE EAS ['ERLY LINE OFT HE PARCEL CONDEMNED BY TI IF STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED.DUNE 23, 1 %6 AS INSTRUMENT NO. 65098 OF OFFICIAL RECORDED OF RIVERSIDE COUNTY; THENCE EAST ALONG SAID NORTHERLY LINE, SOUTH 8901 8'03'EAST. A DISTANCE OF 14.00 FEETTO A POINT ON 71IF EASTERLY LINE OF A 14.00 FOOT DEDICATION TO RIVERSIDE COUNTY PER INSTRUMENT NO.476%, RECORDED APRIL 23, 1974, OFFICIAL RECORDS; THENCE SOUTH ALONG SAID EASTERLY LINE, SOUTH 0O°05'04" EAST, A DISTANCE OF 300.01 FEET TO THE NORTH WEST CORNER OF SAID PARCEL 2 OF PARCEL. MAP 38005, ALSO BEING THE SOUTHWEST CORNER OF PARCEL I OF SAID PARCEL MAP 38005 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH ALONG TIIE EASTERLY LINE OF A 14.00 FOOT DEDICATION TO RIVF..RSIDE COUNTY PER INSTRUMENT NO, 47698. RECORDED APRIL 23, 1974, OFFICIAL RECORDS, SOUTH 00005'04" EAST, A DISTANCE OF 155.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2 OF SAID PARCEL. MAP 38005: THENCE EAST LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOLJT1489.1758" EAST, A DISTANCE OF 339.99 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE NORTH ALONG THE EASTERLY LINE OF SAID PARCEL 2, NORTH 00°05'04" WEST, A DISTANCE OF 155.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2, POINT BEING AT AN ANGLE POINT ON TIIE SOUTHERLY LINE OF SAID PARCEL I OF SAID PARCEL, MAP 38005; {10674871;3} SHEET 1 OF 2 Exhibit D EXHIBIT "D" LEGAL PM 38005 THENCE WEST ALONG NORTHERLY LINE OF SAID PARCEL 2 OF PARCEL MAP 38005, NORT14 89017'58" WEST, A DISTANCE OF 339.99 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 2 AND THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1.21 GROSS ACRES MORE OR LESS. {10674871;3) SHEET 2 OF 2 Exhibit D Na 63"