2022/02/09 Agreement Agreement for the Deferral of Public Improvements for Parcel Map 38005, A Commercial Development Project, Effective 10/06/2021DOC # 2022-0066568
0210912022 O8:OO AM Fees: S0.00
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Recorded in Officlal Records
County of Rrverside
Peter Aldana
Assessor-County Clerk Recorder
RECOROING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF MENIFEE
ATTN: CITY CLERK
29844 HAUN ROAD
MENIFEE, CA 92586
Attention: City Clerk
"This document was electrcnlcally submiled
to the County of Rrverside lor recording"
Receipted by: ESTHER #O37
(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 OEFERRAL OF PUBLIC IMPROVEMENTS FOR
PARCEL MAP 3800s, A COMMERCIAL DEVELOPMENT PROJECT ('Agreemenf') is
entered into, effective as of ttc[.\o .2021 , by and between the CITY OF MENIFEE,
a Califomia municipal corporation ('City"), and E.D.D. I NVESTMENT CO., LLC, a California
limited liability company ('Ilevelope/). The City and Developer are herein refened to
collectively as the "Partbs" and indivirually as a "Party."
RECITALS
A. Developer is the owner(s) in fee of certain real property located at Encanto Drive
approximately 54,4 feel south of Mclaughlin Road in the City of Menifee, County of
Riverside, State of California, as more palticularly described in Exhibit 'n-, which is
attached hercto and incorporated herein by this reference (the 'Applicatlon Propeny)-
B. Developer submitted to City for City approval, Parcel Map 38005 ("Final Map')' a
map recordation instrument for a subdMsion of the Application Property, which includes
empty land and a KFC restaurant located on lhe soulhem portion of the Application
Property, (the "Property"). The Property is more particularly described in Exhibit'8"' which
is attached hereto and incorporated herein by this refurence.
C. Pursuant to City's General Plan, Encanto Drive fronting the Prop€rty is designated
as a Major Road, and, as a result, lhe 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 Maior 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
,roperty along Encanto Drive dedicated for public Right of Way, as depicted and
described in the Final Parcel Map.
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OOC #2022-0066568 Page 2 of 10
D. On April 15, 2021, the City's Community Development Director approved the
subdivision, subiect 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 Cig's SuMivision Ordinance authorizes the approving body
to approve an applicant's request for a deferral of road improvements if the applicant
enters into debrred improvement agreement.
G. Developer has requested a deferment of its obligation to construct the Roadway
Fronlage lmprovements. Pursuant to Section 7.80.030 of City's Subdivision Ordinance,
City has agreed lo approve such deferment, subject to the terms of this Agreement.
AGREEMENT
NOW THEREFORE, tur valuabte 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 herelo agree as follows:
1 . Recitals lncorporated. The Recitals are incorporated as if fully set forth herein.
2. Comoletion of Prooerty Roadway lmorovements and Securitv. Developer shall
provide written notice to city at such time as planning efforts commence forthe development
of the Property (the "City Notice"). Prior to the issuance of any permits on Application
Property, Developer shall (i) commence design and development ofthe property Roadway
lmprovements, and (ii) provide security that complies with Section 7.80.O5b of City'i
Subdivision Ordinance (with such security to be in place prior to commencernent of any
construction activities). Following commencement of development of the property Roadway
llnprovements, Developer shall proceed diligently to complete development of the property
Roadway lmprovemenls. Developer shall de\relop the property Roadway lmprovements,
including wlthout limitation all design and construction activities, in compliance with all
applicable requirements of City's Subdivbion 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 deli\rery 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,
califomia civil code sections 2782 a nd 2782.6), Developer shall defenJ lwith legal counsei
reasonab, acceptable to City), indemnify, and hold ftee and harmless the City of Menifee
and the City's agents, officers, and employees, (each, an "lndemnitee") from and against
tl0674t?0.11
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 Incorporated. The Recitals are incorporated as if fully set forth herein.
2. Completion of Prooertv Roadwav lmprovements and Securitv. Developer shall
provide written notice to City at such time as planning efforts commence forthe 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 Proper$ Roadway lmprovements,
including wilhout 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 shalldefend (with legal counsel
reasonably acceptable to City), indemnifo, and hold free and harmless the City of Menifee
and the City's agents, officers, and employees, (each, an "lndemnitee") from and against
{ 10674870i1I
16617l 5 rlu22/21
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 "GOA's").
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 lo, 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.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 Runni 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. Amend ments. 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. Attorn '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 pafi 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 Assions. This Agreement shall be binding upon the heirs, executors,
administrators, successors, transferees, and assigns of the Pa(ies.
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 Aoreement. 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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882/01I85E-0(r0:l
Agreement, and (iv) that entering into this Agreement does not violate any provision of any
other Agreement to which said Party is bound.
lN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be
effective as of the date first written above.
"CITY'
CITY OF MENIFEE, a Califo Municipal
Corporationf,2021 By:
Printed Name 6.Vr\\a
Its:
rah Ma
APPROVED AS TO FORM
RUT c , LLP
rney
Dated:,2021
110674870;l)
"DEVELOPER"
E.D.D. INVESTMENT CO., LLC,
California Limited Liability Company
By
Printed Name: Donald P. Sheldrake
Its: Manaqer
C
a
16617li)b 5 att)D2/21
882/0U lE58-0001 -4-
Dated:
Attest:
,
By:
Melching,
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notrry public or other oflicer completing this certificate verifies only the identity ofthe
individual who signed the document to which this certificate is attached' and not the
truthfulness, accuracy, or validi of that document.
StAtE Of CALIFORNIA)
SS
On , 2021 before me,
EUI JUilG PARX
commission No.23te2e!
NOTARY P U B LIC.CAIIFOiTIA
LOS ANGEIES COUNTY
My Comm. Expir€. Jen 19, 202a
I 1067487011)
Ln. Ar/L,aNo tary Public, personally appeared/O f Lt,.
Don who p roved to me on the basis of satisfactory evidence to be the person(l)
to thc within instrument and acknowledged to me thaqlrdsireitheywhose name(s) [Vare sybscribed
executed the same iq{ is/tre r/the ir authorized capacity(ies), and that by-his/her/their signature(s) on the
instrum€nt the person(s), or the entity upon behalf of which the person(s) acted, executed the
I certifo under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
Z
i ture Notary Public
16617196 5 rl0/22,21
882,',01 t 858-0001
County of )U'ang e )
instrument.
-5-
EXHIBIT "A''
LEGAL DESCRIPTION OF APPLICATION PROPERTY
(See Attached)
ll0674870:l )
16611196 5
^10122121
6'12/{1u t858,0001 I]XHIBIT"'A'
EXHIB]T'4"
EXISTING LEGAL
LLA 4698
PAR('I,I,'A'
BEING PARCEL ] AS SHOWN ON EXHIBIT "B' ATTACHED TO TI{AT CERTAIN \OTICF, OT I.OT
LINE ADJUSTMEI\jT NO. {69E. RECORDED AUG[TST I l. 2mJ, AS txr No. 2m5fi51(x4 ot'
OFFICIAI- RECORDS, IN THE CTTY Of MENIFF.E. COUNTY O}' RIVERSID€. STATE OT-
CALtIORNIA. MOR,E PARTICULARLY D[SC-RI8ED AS I'OLLOWS
BEN.IG THAT PORTION Of PARCEL I. TOGETI{ER WIT1I AI.I, T}IAT PORTION OF PARCEL 2. AS
SHOI\N ON EXHIBIT "N' ATTACHF-D TO NIAT CERI'AIN NOTICE ()f LOT LINE ADJUSTMEN T
NO. 4106. R.ECORDED MAY 2t, le99 AS TNSTRI-ME|iT NO 21449t. OF OfFICIAL RECORD6,
BEII,,iG
^
PORTION OF LOT IO AND LOT I I OF TRI.IMBLE FARMS. AS SHO1YN ON THE VAP
RT.CORDCD IN B(rcK II. PAGE ]t, OF MAPS. AI,I. RECOR])S OF SAIDCOI'NTYi
BEGINNIIIG AT TI IE Ii.iTERSECTION OIJ TIIE NORTHERLY LINE Of SAID LOT IO AND THT
EASTERLY LIIiT Of 'I'HE PATTCEL CONDT,MNED 8Y THE STATE OF CALIFORNIA BY FNAL
ORD€R OF CONDEMNATIO}I RECORDED JT;llI IT, I%6 AS INSTRUMT:NT NO. 65{)9t OF
OFFICIAI, RECORDFD OF RTVERSIDE CCX,NTY AS SIIOW}I ON SAID T,XHIBIl''8":
THENCD EAST ALOi{G SAID I\{ORTHERLY LINE. SOUTH t9"4''26' F-AST, A DISTAI{CE Of I.I.(m
FEET TO A POINT ON THE EASTERLY [.INE OF A I4,0o FOC'T DEDICAIIOI..]'IO RIVERSIDL
CO(rNTY RECORDED APRIL 21. 1971, PER INS'IRtiMEt\I NO. 17696. Oft-lclAl- RECORDS.
THENCf, SOU'TH ALONG SAIT' EASTERLY I-INF-. SOTT1I OO"]I OE' EAST, A DISTANCT, OF 66.I5
TEET TO A POINT ON A I,INE 66.I5 TEET SOTJT}IERLY OF AND PARALLT,L 1() SAII)
NoRTIIERLY LINE OT SAID LOT IO. SAID POI}.iT BEING THE TRUE POINT OF BEGINNING;
THETICE CONTINUING SOUTH ALOM; SAID EASTERLY LINE. S{XJTTI M]I1}t' EAS'T, A
DISTANCE OF ]$ 9 FEET TO TIIE SOUTHWESTERLY CORNER OF SAID PARCEL 2 OF SAID
LOI LINE ADTUSTMEM'NO. ,t60E:
TIIENCE EAST LEAVIN6 SAID E,ASTERLY LINE ATONC THE SOLITHERLY LINE OF SAIT-I
PARCEL 2 Or sAlD LOT LINE ADJUSTMENT lio. ,169t, SOLTTH tqtal'12' EAST. A DISTANCE OF
]]9,99 fEEI TO I'HE MOST SOUTHEASTERI,Y CORNER OF SAID PARCEI, 2;
TIIgNCf, M)RTH ALONC THE EASTERLY LINT Of SAID PARCEL 2 OF SAID LOT LINE
ADJUSTMENT NO 6)t. NO{TH M']ITt' WEST. A DISTANCE OF 12' OO FEET TO AN ANCI,E
POINT ON THE EASTERLY LINE OF SAID PARCEI- 2:
TtIf,NCE WLST ALONG SAID E STERLY LINE OF SAID PARCEL 2 Of SAID LOT LINE
AD'USTMENT NO. 469E. SOIJTH t9P43'32' EAST, A DISTANCE OF 208.90 FEET TO A PO{NT OT{
THE MOST EASTERLY LINE OF SAID PARcEl. 2l
SHEEI 1 OF 2
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882.0t tE5E-000n EXHIBIT "A"
EXHIBIT'A-
EXISTING LEGAL
LtA 4696
TtIf,NCf, I{ORTH AI.ONG SAID F-ASTERI.Y I,INT OF SAID PARCEL 2 Of SAID LOT L]NE
AD'USTM}:!iT NO. ,I69t, NORTII M'26'4I' lr'EST. A DISTANCF, Of 26],'7 FEET TO THE
NORTHEAST C(XNER OF SAID PARCEL !.
THEITCE $'EST LTAVING SAID EASTERLY LI}IE ALO\C THT :{ORTHEf,LY I,INI OIJ SAID
PARCEI. 2 OF SAID I,OT I,INE ADJIISTMENT NO, 4598. NORTH E9'I']26" WEST. A DISTAME Of
J49,2] FEET TO TIIE !{ORTIIWLST CORNER OF SAID PARCEI, ] TO THE TNUE FOII{T Of
Bf,GINNING.
IT AB{)I'E DT.S{'RIBED PARCEI ()f I,ANT' CO}iTAINS 4 1O ACRFS MORE OR I-TSS
)tA-,\t'l i)at/-t)DAMI)LlL\
LS
cl
SHEEI2 OF 2
110674870:3)
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882,01185li 0001 EXHIBIT "A"
It0674870.1i
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
(See Attached)
l66l'7196 5 rll122l2l
882/03t858-0001 uxHIut'r "B"
LEG.{L DES( RIPTIO\
N THE CITI' OF }IL\ITEE. COL}iT1- OF RT\ERSIDE- STATE OF C.{LIFOR\1{
BERG A SLBDI'ISIOI.I OF P.{RCEL I Of LRIE ADTLISTIIENT NO J69t. RECOIDED AUG{jST
I t. lmJ As mcLlIErT No. :@54653014 RECORDS OF THE COL'liTl' RECORDEn OF
RNERSTDE COL]!TT'. CALtrOR}IIA LI'II{G \IIIHD{ SECTION 15. TO(NSHIP 5 SOUTII
RANGE 3 trEST. S. B IT
E\D OF LEGAI DES(RIPTION
I,1067 4870.3 |
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882/031858-000i EXHIBIT *B''