2022/04/26 BLC Fleming, LLC Certificate of Agreement Compliance (pending recordation and notarization)2465/031858-0003
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RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Noah Shih, Senior VP Operations, LEED AP
Newport Pacific Land Company
100 Bayview Circle, Suite 240, Newport Beach, CA 92660
Attention: General Counsel
Exempt from Recording Fees (Govt. Code §§ 6103 and 27383)
CERTIFICATE OF AGREEMENT COMPLIANCE
This CERTIFICATE OF AGREEMENT COMPLIANCE (this “Certificate”), effective as
of _____________, 20__ (“Effective Date”), is made by the CITY OF MENIFEE, a municipal
corporation of the State of California (the “City”) and provided to and for the benefit of BLC
Fleming, LLC, a Delaware limited liability company (“Developer”).
RECITALS
A. In accordance with the Development Agreement Statute, of the State of California
(Government Code Section 65864 et seq.), Title 22, Chapter 22.16, Part 4 of the Riverside County
Code, and the implementing procedures of the City, the City acting through its City Council,
approved a Development Agreement for a project as therein described (the “Project”) on Property
as therein described located within Riverside County, by adopting Ordinance No. 2020-302, on
June 17, 2020 (the “Development Agreement”). The Property is described on Exhibit A attached
hereto and incorporated herein by this reference.
B. The Development Agreement was recorded in the Office of the Recorder of the
County of Riverside, State of California (the “Official Records”) on June 30, 2020, as Instrument
No. 2020-0282073. The Development Agreement has a term of fifteen (15) years, subject to
possible extensions, commencing on July 17, 2020. Unless otherwise defined in this Certificate,
all initially capitalized defined terms used in this Certificate shall have the respect ive meanings
given them in such Development Agreement.
C. The Development Agreement provides for the development of the Property, in the
manner described in the Development Approvals approved by the City on June 3, 2020 and June
17, 2020.
D. The Development Agreement provides for the periodic review of the Developer’s
good faith compliance with the terms of the Development Agreement to be submitted annually by
the Developer on April 10 and reviewed by the City in May, and continuing annually thereafter
which reviews are termed an “Annual Review.” The Development Agreement provides the
process for and items subject to review in each Annual Review.
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E. Consistent with the requirements of the Development Agreement, the Development
Agreement Act and the Development Agreement Ordinance, the City conducted an Annual
Review for the 2021-2022 year of the Development Agreement on April 22, 2022 and concluded
that the Developer was in good faith compliance with the Development Agreement during such
period.
F. Pursuant to Section 4.4 of the Development Agreement, the Parties now desire to
memorialize the City’s determinations made during the Annual Review for year 2021-2022 of the
Term by the making of this Certificate.
NOW, THEREFORE, the City certifies, represents and warrants for the benefit of the
Developer and all those holding title in the Property as follows:
1. Development Agreement in Effect. The Development Agreement is in full force
and effect, and City has not agreed to any amendment of any provision of the Development
Agreement [other than as expressly identified in the Recital A of this Certificate].
2. Compliance with Development Agreement. Developer is, to the current knowledge
of the City, and based on the City’s investigation during the Annual Review, in good faith
compliance with the Development Agreement, as required by Section 65865.1 of the Development
Agreement Act.
3. No Defaults. To the actual knowledge of City, no default on the part of Developer,
and no breach or failure of condition that, with notice or lapse of time or both, would constitute a
default on the part of Developer, exists under the Development Agreement.
4. Determinations Conclusive. This Certificate constitutes and shall evidence the
City’s conclusive determination of the matters set forth herein.
[Signature page follows.]
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IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed on its
behalf as of the Effective Date.
CITY OF MENIFEE,
a municipal corporation of the State of California
By:
______________________,
DATE:
ATTEST:
CITY CLERK
DATE:
APPROVED AS TO FORM:
CITY ATTORNEY
DATE:
DocuSign Envelope ID: 6597C27A-428F-4926-9DD2-363EAE33362D
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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 )
County of Riverside )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
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 )
County of Riverside )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their 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.
WITNESS my hand and official seal.
Signature (Seal)
DocuSign Envelope ID: 6597C27A-428F-4926-9DD2-363EAE33362D