2022/01/05 VSK Investments, LLC CFD Agreement and Covenants Running with the Land for PM 37145RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
The City of Menifee
29844 Haun Road
Menifee, California
Attention: City Clerk
(Space above for Recorder's Use)
EXEMPT FROM FILING FEES
GOVERNMENT CODE 3 6103
AGREEMENT REGARDING A
COMMUNITY FACILITIES DISTRICT AND
COVENANTS RUNNING WITH THE LAND FOR
Parcel Map 37145
between
THE CITY OF MENIFEE
a public agency
and
VSK Investments, LLC
as the Developer
AGREEMENT
1. Parties and Date.
This Agreement is entered into as of this by and between the City of
Menifee, a municipal corporation (hereinafter referred to as "City") and, VSK Investments, LLC,
with its principal place of business at 41805 Albrae Street, Freemont, CA 94538 (hereinafter
referred to as "Developer').
2. Recitals.
2.1 Developer has submitted to the City for its approval, (Parcel Map 37145), a
proposed development of the property located on the northwest parcel at the intersection of HWY
74 and Trumble Road in the City of Menifee. The property is more specifically described as in
Exhibit "A", both of which exhibits are attached hereto and incorporated herein by this reference.
2.2 On or about December 11, 2019, the Planning Commission of the City of Menifee
(hereinafter referred to as "Commission") adopted Resolution PC19-478 wherein the Commission
approved Tentative Parcel Map 37145 subject to satisfactory completion of the Conditions of
Approval for the development. Pursuant to Conditions of Approval Nos. 90-91, the Developer is
required prior to the issuance of Certificate of Occupancy, to annex to a Citywide Community
Facilities Maintenance District (hereinafter referred to as "Citywide Maintenance District") for the
maintenance of streets within public right of way.
2.3 Developer and City desire to enter into this Agreement for the purpose of
complying with Conditions of Approval Nos. 90-91 pursuant to Resolution PC19-478. 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 37145 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 Map 37145.
2.4 This Agreement is made in consideration of the approval of Parcel Map 37145
pursuant to Resolution PC19-478.
3. Terms.
3.1 Petition. As owner of all property located within Parcel Map 37145, Developer
shall sign a petition to annex Parcel Map 37145 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 Parcel Map 37145 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 Map 37145 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
Map 37145 prior to the inclusion of all property located in Parcel Map 37145 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.
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
29844 Haun Road
Menifee, California 92586
Attn: City Clerk
Developer: VSK Investments, LLC
41805 Albrae Street
Freemont, California 94538
Attn: Sunny Goyal
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 Recorders Office.
3.9 Covenant Running With the Land. The parties intend that the benefits and burdens
described herein constitute covenants running with Parcel Map 37145 for the benefit of the
Developer's property located within Parcel Map 37145.
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
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California. Venue shall be in Riverside County.
3.12 Headings. Section headings contained in this Agreement are for convenience only
and shall not have an affect 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:
Mayor
Attest:
By:
City Clerk
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VSK Investments, LLC
a California limited liability company
By:
M aging- ereb
Name
By:
Managing Member
DocuSign Envelope ID: 6725F984-D43C-43BF-9172-A482B98A2694
California. Venue shall be in Riverside County.
3.12 Headings. Section headings contained in this Agreement are for convenience only
and shall not have an affect 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
• Do c us Cp ned by:
'f r
By: Cry ,wa.n�
City Manager, Armando G. Villa
E
Attest:
By:
City Clerk , Stephanie Roseen
QocuSigned by: r �
By: �.LGU 1lAJby (,if y aifevr�,�
City Attorney. 3effrey T. Melching
3
VSK Investments, LLC
a California limited liability company
By:
M aging errs F,..
Name 5L..r...,7 ",f&A
By:
Managing Member
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL MAP 37145
Being a Subdivision of Portions of Lots 499, 500, 501, 502, 503, 504, 505, and 506 of Romola
Farms No. 6A, per map recorded in book 14 of maps, pages 63 through 65, inclusive in the office
of the county recorder, County of Riverside, State of California, in Section 10 Township 5 South,
Range 3 West, S.B.B. M
Site Plan
,ems ■ �� :,°�
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