2022-354 APPROVING THE FIRST AMENDMENT TO COMMERCE POINTE DEVELOPMENT AGREEMENT BETWEEN CITY OF MENIFEE AND SCOTT ROAD PARTNERS LLC.oRDtNANCE NO.2022-354
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, APPROVING THE FIRST AMENDMENT TO COMMERCE
POINTE DEVELOPMENT AGREEMENT BETWEEN CITY OF MENIFEE AND
SCOTT ROAD PARTNERS LLC.
WHEREAS, On November 20,2013, the City Council adopted Ordinance No. 2013-133
approving Development Agreement No. 2012-1'16 for property which was known as Commerce
Pointe I and Commerce Pointe ll;and
WHEREAS, on March 30,2022, Scott Road Partners LLC filed a formal application
(PLN22-071) with the City of Menifee for the approval of two amendments to Development
Agreement No. 2012-1 16 for the Commerce Pointe project within the City; and
WHEREAS, the request is to amend the existing Commerce Pointe Development
Agreement (DA 2012-1 16) by extending the term for the original vested rights/buildings an
additional five years to December 19,2028, as well as extend the term for uses under the l-P
zone for the useful life of the buildings, with associated public benefits; and
WHEREAS, all impacts related to the Development Agreement and previous
development approvals were analyzed in an Environmental lmpact Report (SCH 2006121062)
prepared for the original plot plan applications (PP21452122280/2009-006), which was adopted
by the City of Menifee City Council on November 20, 2013; and
WHEREAS, the first amendment to the Development Agreement would promote the
public convenience, general welfare, and good land use practices, and is in the best interest of
the community; and
WHEREAS, the first amendment to the Development Agreement would not adversely
affect the orderly development of property and surrounding area, or the preservation of property
values; and
WHEREAS, the first amendment to the Development Agreement would promote and
encourage the development of the proposed project by providing a greater degree of requisite
certainty; and
WHEREAS, the first amendment to the Development Agreement strengthens the public
planning process, encourages private participation in comprehensive planning, and reduces the
economic costs of development uncertainty; and
WHEREAS, the first amendment to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for, the land use district in which the real
property is or will be located, including any policy plan overlay applicable to the property; and
WHEREAS, the first amendment to the Development Agreement has been prepared,
processed, reviewed, heard, and approved in accordance with applicable law, including but not
limited to Section 65864 et seq. of the Government Code; and
WHEREAS, approval of the first amendment to the Development Agreement will provide
a substantial benefit to the community; and
WHEREAS, the first amendment to the Development Agreement would not be
detrimental to the public health, safety, or welfare of the community; and
WHEREAS, the City Clerk has caused notice to be duly given of a public hearing in this
matter in accordance with law, as evidenced by the affidavit of publication and the affidavit
of mailing on file with the City Clerk; and
WHEREAS, a copy of the report and said EIR have been on file in the Office of the
City Clerk and available for examination during regular business hours by any interested person,
at all times since the date of giving notice in this matter; and
WHEREAS, on August 10,2022, the Planning Commission held a duly noticed public
hearing at which the Planning Commission considered the proposed amendments to the
Development Agreement and those persons desiring to be heard on said matters were heard
and evidence in said matters received; and
WHEREAS, at its August 10,2022 public hearing, the Planning Commission adopted
Resolution No. PC 22-568 recommending approval to the City Council of an ordinance
approving the first amendment to the Development Agreement; and
WHEREAS, on September 21, 2022, the City Council held a duly noticed public
hearing regarding the proposed first amendment to the Development Agreement and those
persons desiring to be heard on said matters were heard and evidence in said matters
received and on each said date the hearing was opened, held, and continued; and
NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows
SECTION 2. Ihe proposed development agreement ls conslsfent with the objectives,
policies, general land uses and programs specified in the general plan and any applicable
specific plan.
The project site is designated Economic Development Corridor - Southern Gateway
(EDC-SG), however the Development Agreement vests the County Ordinance No. 348
lndustrial Park (lP) designation. The intent of this land use designation is to allow
business park (predominantly light industrial and office uses). Additionally, the project
was previously entitled under Plot Plan No. 2009-006 and Development Agreement No
2012-116. The proposed amendment does not change the approved entitlements and
therefore, it will continue to be in conformance to the zoning, design guidelines and
development standards of the lP designation, and the requirements of the General Plan.
The project as approved, continues to be consistent with the following General Plan
policies:
SECTION l. The Findings set out above are true and correct.
cD-3.5
Project Design
Design parking lots and structures to be functionally and visually integrated and
connected; off-street parking lots should not dominate the sfreet scene.
Perimeter landscaping has been included in the project design to visually screen
the parking lot from surrounding roadways. All proposed structures will utilize
similar materials and architectural features and, therefore, will be functionally and
visually integrated.
cD-3.8 Design retention/detention bas,ns to be visually attractive and well-integrated with
any associated project and with adjacent land uses.
The basins proposed within the project will be landscaped and well-integrated into
the overall plant palette of the center.
Building Design
CD-3.10: Employ design strategies and building mateials that evoke a sense of qual$ and
permanence.
The project includes quality architectural construction and features, including
decorative lighting, glazing, cornice, reveals, and architectural insets and offsets.
CD-3.13 Utilize architectural design features (e.9., windows, columns, oflset roof planes,
etc.) to veiically and horizontally afticulate elevations in the front and rear of
buildings.
The buildings are well articulated, utilizing glazing, vertical architectural elements,
offset roof and wall planes, recesses and pop-outs, and surface material and paint
color changes. As a result, these buildings are vertically and horizontally
articulated in front and rear of buildings.
CD-3.14: Provide variations in color, brture, materials, afticulation, and architectural
treatments. Avoid long expanses of blank, monotonous walls or fences.
The proposed buildings are well articulated, utilizing substantial glazing, offset
roof and wall planes, recesses and pop-outs, and surface material and paint color
changes. As a result, the project avoids the use of long expanses of blank,
monotonous walls.
CD-3.22: lncorporate visual buffers, including landscaping, equipment and storage area
screening, and roof treatments, on properties abutting either lnterstate 215 or
resid entially de sig nated prope fty.
Signage
The property is adjacent to the l-215 and it includes enhanced landscaping areas
with trees to effectively reduce the massing of the buildings.
cD-6.7 lntegrate project signage into the architectural design and character of new
buildings.
The project has been conditioned to submit for and obtain approval of a master
sign program which will integrate architectural features into the signs that are also
found on the buildings consistent with the project's architectural theme.
Noise
N-1.8 Locate new development in areas where noise levels are appropriate for the
proposed uses. Consder federal, state, and City noise standards and guidelines
as a part of new development review.
The project included a consistency analysis with the adopted Environmental
lmpact Report (ElR) pursuant to CEQA and concluded that it would not exceed
applicable local and state noise regulations.
Properties to the north are developed with business park uses, whereas
properties to the south generally vacant or underdeveloped. As modified, the
project is compatible with the surrounding General Plan land uses.
SECTION 3. The proposed development agreement is compatible with the uses
authoized in, and the regulations prescribed for, the zone in which the real property is or will be
located.
SECTION 4. The proposed development agreement is in conformity with and will
promote public convenience, general welfare and good land use practice.
The project is located on the east side of Zeiders Road, both north and south side of Ciccotti
Street. The Prolect is compatible with the surrounding land uses, General Plan land use
designations, and zoning classifications and is adequately sized, shaped, designed and located
to accommodate the proposed uses.
The project incorporates quality design, and other improvements which will enhance and benefit
the area upon construction. The Development Agreement provides for the orderly construction
of road improvements, utilities, drainage and other improvements. The proposed amendment to
the approved Development Agreement is in conformity with and will promote public
convenience, general welfare and good land use practice.
SEGTION 5. The development agreement will not be detrimental to the health, safety
and general welfare within the City
The project is zoned Economic Development Corridor Southern Gateway (EDC-SG) however
under the existing Development Agreement is vested under County Ordinance No. 348
lndustrial Park (lP) zone which allows for a variety of industrial/business park uses. Currently,
the EDC-SG zone does not allow for warehousing facilities, however, the approved and vested
project was entitled prior to the zoning code amendment that prohibited warehousing facilities.
Therefore, the project as approved is consistent with existing agreement and development
standards including parking and landscaping.
The Development Agreement will not result in conditions detrimental to the public health, safety,
or general welfare. The associated entitlements have been reviewed and conditioned by the
City of Menifee Community Development, Engineering, Building and Safety and Fire
Departments to ensure that it will not create conditions materially detrimental to the surrounding
uses. Conditions of approval include substantial landscaping, roadway improvements consistent
with the General Plan, fire infrastructure, and drainage improvements that will benefit the Pro.ject
site and surrounding areas.
ln addition, all impacts related to the Oevelopment Agreement and previous development
approvals were analyzed in an Environmental lmpact Report (SCH 2006121062) prepared for
the original plot plan applications (PP21452122280/2009-006), which was adopted by the City of
Menifee City Council on November 20, 2013.
SECTION 6. The proposed development will not adversely affect the orderly
development of the property or the preservation of property values.
The proposed Development Agreement would assist with and would not interfere with the
development ofthe Project site and the uses proposed under Plot Plan No. 2'145212228012009-
006, which would not adversely affect the orderly development of the surrounding area. The
Development Agreement would not modify the uses allowed under the original approval. The
Development Agreement would not conflict with surrounding existing and planned land uses
and would not have the potential to adversely affect property values.
SECTION 7. The proposed development agreement will promote and encourage the
development of the proposed project by providing a greater degree of requisite cettainty for the
developer.
The assurances provided to the applicant through the Development Agreement, such as vesting
of Development lmpact Fees, clarification of vested uses would provide greater certainty,
reduced risk, and offset development costs that would encourage development as approved
under the Plot Plan and the infrastructure associated with it that would serve the surrounding
atea.
SECTION 8.- The proposed development agreement that includes a subdivision, and
any tentative map prepared for the subdivision, will comply with the provisions in Government
Code Section 66473.7.
The subdivision for this project has been approved and the map has recorded.
SECTION 9. The City Council approves the first amendment to the Commerce Pointe
Development Agreement set forth in Exhibit "1" of this Ordinance.
SECTION 10. The first amendments to the Development Agreement is applicable to the
area of the City of Menifee as legally described in the Development Agreement
SECTION 11. The Ci
all of the following
ty Manager, or his or her delegee, is directed and authorized to do
a. prepare a final version of the Development Agreement for execution and
recording that fully reflects the action of the City Council in adopting the Development
Agreement; and
b. make all necessary and appropriate clerical, typographical, and formatting
corrections to the adopted Development Agreement prior to execution and recording.
SECTION 12. This Ordinance shall take effect and be in force thirty (30) days from and
after its adoption.
SECTION 13. The Mayor shall sign this ordinance and the City Clerk shall attest and
certify to the passage and adoption of this Ordinance and cause this Ordinance to be published
using the alternative summary and posting procedure authorized under Government Code
Section 36933.
This Ordinance was introduced for first reading on September 21,2022, and PASSED,
APPROVED, AND ADOPTED this Sth day of Oclober 2022.
Tr)'h-
Eiltl^"r^"n, tit.yo,
J Melching,ey
'anie Roseen, Acting City Clerk
Attest
Approved as to form:
October 5, 2022
City Council
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Menifee
29844 Haun Road
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(Space Above Line For Recorder's Use Only)
(Exempt from Recording Fees Per Gov't Code 27383)
FIRST AMENDMENT TO CITY OF MENIFEE DEVETOPMENT AGREEMENT 2012-116:
ORIGINALLY: "DEVETOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MENIFEE AND
ZEIDERS ROAD BUSINESS PARK, INC. AND COMMERCE POINTE II MENIFEE INC.
REGARDING THE COMMERCE POINTE PROJECT"
BY AND BETWEEN
THE CITY OF MENIFEE
AND
SCOTT ROAD PARTNERS LLC
REGARDING
SCOTT ROAD COMMERCE CENTER IAND SCOTT ROAD COMMERCE CENTER II
(formerly known as "Commerce Pointe"l
Original Effective Date: December 20,2OLl
First Amendment Effective Date: Novembet 4,2022
FIRST AMENDMENT TO CITY OF MENIFEE DEVELOPMENT AGREEMENT 2012.115
Scott Road Commerce Center land Scott Road Commerce Center ll
(formerly known os "Commerce Pointe")
This First Amendment to City of Menifee Development Agreement 2O72-L76 ("First Amendment")
is entered into between the City of Menifee, a municipal corporation ("City"), and Scott Road
Partners LLC ("tandowner"). City and Landowner shall be referred to collectively within this First
Amendment as the "Parties" and individually as a "Party."
RECITALS
A. The Development Atreement.
l. The Ofiginol Approval. On November 20, 2013, the City Council of the City of Menifee ("City
Council") adopted Ordinance No. 2013-133 approving Development Agreement No. 2012-
116 ("DA") for property which was then known as Commerce Pointe I and Commerce Pointe
ll and is described in the DA and Paragraph 2 of this First Amendment ("Property"). The
original parties to the DA were (i) the City and (ii) Zeiders Road Business Park, lnc., a California
corporation, and Commerce Pointe ll Menifee, lnc., a California corporation (collectively
"Original Landowner").
2. The Originol Term. The effective date of the DA was Decemb et 20,2013 ("Original Effective
Date"). December !9,2023, is the final day of the original ten-year term ofthe DA ("Original
Term"). A copy of the DA is attached to this First Amendment as Exhibit "A". The relationship
between this First Amendment and the DA is set forth in Paragraph 3 below.
3. The Property. The Property is described on Exhibit "B" and shown on Exhibit "C" to this First
Amendment.
4. Second Amendment. Concurrently with the negotiation and approval of this First
Amendment pursuant to Ordinance No._, the Parties ne8otiated and the City Council
approved a second and separate amendment to the DA ("Second Amendment") pursuant to
Ordinance No._. lt is the intent of the Parties that the First Amendment and Second
Amendment shall be deemed to have been entered into and operate concurrently to the
extent provided in each of those amendments. Ordinance No. _ and Ordinance No.
_ shall be jointly referred to as the "Adopting Ordinances" and the date on which they
become effective under California law shall be referred to as the "Amendment Effective
Date."
B. Landowner's Acquisition. ln 2O2L, Landowner acquired the Property and the building that had
been constructed at that time on the Property. Original Landowner's rights and obligations u nder
the DA have been assigned or transferred to Landowner. Landowner is bound by the obligations
under the DA and entitled to the rights granted under the DA.
c. Original Vested Rights. Section 2.7 of the DA defines "Existing Land Use Regulations." ln turn,
the Existing Land Use Regulations specifically include Article X (l-P Zone - lndustrial Park
Regulations) of Riverside County Zoning Ordinance (Ord. 3a8), which was incorporated into the
Menifee Municipal Code as of the Original Effective Date ("1-P Regulations"). A copy of the l-P
Reg ulations is attached as Exhibit "D".
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Section 7.1 of the DA defined the scope of Landowner's vested rights that were granted by the
DA for the term of the DA ("Original Vested Rights"). Among the Original Vested Rights are:
r The right lo develop the Property in accordance with, among other things, the Existing
Land Use Regu lations.
r The right to use the Property ("Original Vested Uses") in accordance with, among other
things, the Existing Land Use Regulations and, therefore, the l-P Regulations.
D. Proiect Status. The development ofthe Property was approved in 2013 for 51 buildings totaling
827,777 square feet of construction through the adoption of Resolutions 09-66 and 09-57.
Subsequently, pursuant to Plot Plan No. 2016-126 and PLN 21-0215, the Property's entitlements
were modified to allow a total offive buildings ("Project Buildings") and a total of 701,687 square
feet ("Project"). As of the date of this First Amendment:
o One Project Building totaling 72,835 square feet is complete and occupied.
o A second Project Building totaling 84,312 square feet, is currently under construction.
o The final three Project Buildings ("Buildings 3, 4, and 5") totaling 544,54O square feet
were in plan check as of July 26,2022, and it is anticipated will have completed plan check
and will be under construction by the Amendment Effective Date.
E. City's Zoning Amendment. On March 2,2022,1.he City Council adopted certain lndustrial Good
Neighbor Policies to provide local government and developers with ways to address
environmental and neighborhood compatibility issues associated with permitting warehouse,
logistics, and distribution centers ("lndustrial Good Neighbor Policies"). On March 76,2022,lhe
City Council adopted Change ofZone No. PLN21-0408, amending definitions and permitted uses
in select Economic Development Corridor subareas, including the Southern Gateway subarea
("Zone Change"). The Project is located in the Southern Gateway subarea.
F. Original Public Benefits. As consideration for the City granting vested rights to the Original
Landowner through the end of the Original Term, the Original Landowner provided to the City
the public benefits set forth in Recital F of the DA ("Original Public Benefits").
G. Status of Original Public Benefits. Landowner and Original Landowner have satisfied their
obligations to provide the Original Public Benefits to the City.
H. New Public Benefits. As consideration for entering into this First Amendment, Landowner will
provide to the City the following "New Public Benefits":
1, First Amendment Payment. Landowner will make a single lump sum payment to the City of
52,500,000 (the "First Amendment Payment") within three business days after receiving
written notice from the City that each of the following events has occurred:
a. The First and Second Amendments have been signed by the City (the Parties
understand and agree that this First Amendment shall be properly executed by
Landowner and delivered to the City prior to City Council approval of the Adopting
Ordinances, but that Landowner's signing the First Amendment shall not be binding,
and this First Amendment shall have no legal effect on any Party whatsoever if, after
the delivery of the signed First Amendment to the City by Landowner, the City Council
(l) changes a single word in the First Amendment, other than the addition of dates,
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signatures, ordinance numbers, project status updates in Recital D, typographical
corrections, and similar technical matters and matters of form in the First
Amendment and the Exhibits, or (ri) adds any condition whatsoever to the approval
of the First Amendment without the prior written consent of Landowner);
b. The City has timely filed and the County has posted a single Notice of Determination
for both the First and Second Amendments and the Adopting Ordinances ("NOD").
The NOD shall be filed by the City no more than five (5) days following the approval
of the Adoptine Ordinances; and
c. The Adopting Ordinances have become effective without a referendum applicable to
either the First or Second Amendment having been timely submitted (,.e., presented
to the City Clerk with a legally sufficient number of signatures within 30 days following
the approval of the Adopting Ordinances), both the First and Second Amendments
have been recorded with the Riverside County Recorder, and a copy of both the First
and Second Amendments showing the official Recorder's stamp have been provided
to Landowner.
Such funds shall be used by the City toward the construction of an as-yet-undeterm ined
public facility, to be identified by the City in its sole discretion.
2. Eliminotion of Certoin Original Vested Uses. Beginning on the Amendment Effective Date,
the following Original Vested Uses currently allowed under the l-P Regulations will not be
permitted on the Property during the remainder of the term of the DA, as extended by this
First Amendment ("Eliminated Vested Uses"):
a. From with in the range of "parcel delivery services" covered by Section 10.1(aX 1XgXg)
of the l-P Regulations, those that meet each of these criteria: (i) consist of dedicated
"last-mile" terminals of FedEx, UPS, Amazon, Walmart, DHL, or OnTrac and (ii) are
primarily used to process and deliver e-commerce packages to their final destinations
and (iii) conduct incoming and outgoing deliveries for more than 16 hours per day.
b. Recycling Collection Facilities covered by Section 10.1(aX1XgX10).
c. Vehicle Storage and lmpoundment covered by Section 10.1(a)(1)(e)(1).
d. Recycling processing facilities covered by Section 10.1(bX3).
e. Sex-oriented businesses covered by Section 10.1(c).
The Original Vested Uses less the Eliminated Vested Uses are referred to within this First
Amendment as the "Remainint Vested Uses."
3, Waiver of Cloims. lrrespective of whether the claims were asserted by Landowner or any
other party, Landowner on behalf of itself and its agents, officers, and affiliates waives and
releases, as of the Amendment Effective Date, all claims that it has or may have in any way
arising from or relating to the adoption of (i) the Zone Change and (ii) the lndustrial Good
Neighbor Policies. Without limiting the generality of the foregoing, this waiver and release
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includes, but is not limited to, all claims asserted in letters from Landowner's attorney to the
City Council dated March 7,2022, and March 2,2022.
l. Landowne/s Perspective. As the Original Term nears its end and Buildings 3, 4, and 5 are
anticipated to soon be under construction, Landowner has the following concerns which
motivate Landowner to enter into this First Amendment:
o Landowner and Original Landowner have invested and are continuing to invest
considerable sums in both the acquisition of the Property and the entitlement and
construction of the Project Buildings.
o When Landowner acquired the Property, it was Landowner's business expectation that
the Project Buildings would be constructed and used for a reasonable period of time
during and after the Original Term consistent with the OriginalVested Rights.
. The Project Buildings have been designed and have been or are being constructed to
accommodate specific Original Vested Uses which require buildings of a certain size,
configuration, and location.
r Landowner understands that, without this First Amendment, uses in place within the
Project Buildings when the Original Term ends on December !9,2023, will be allowed to
continue to operate, subject to the terms of the City's non-conforming use ordinance.
. Due to economic, market, and other conditions, including the historic pandemic
beginning in 2020, construction of all of the Project Buildings will not be complete until,
at best, the final year of the Original Term.
. Prior to the adoption of the Zone Change and the lndustrial Good Neighbor Policies,
Landowner communicated in writing its potential legal claims to the City pertaining to
the implications ofthe zone Change and the lndustrial Good Neighbor Policies upon the
Property and the DA.
o To achieve greater certainty with respect to the use of the Property in the future,
Landowner has requested the City to extend the term of the DA to assure that (i) in the
short-term, the construction of the Project Buildings will be completed while the DA is in
effect and (ii) in the longer term, the Pro.iect Buildings can be used for the Remaining
Vested Uses for which they were designed and constructed.
. ln return for a n extension of the term of th e DA, La ndowner is willing to provide the New
Public Benefits to the City.
I. City's Perspective. City contends that Landowner's claims pertaining to the Zone Change and
the lndustrial Good Neighbor Policies are without merit, but is nevertheless motivated to
consider this First Amendment for the following reasons:
o This First Amendment removes the Eliminated Vested Uses from the list of uses
Landowner may pursue on the Property during the remainder of the Original Term, and
following the expiration of the Original Term.
. Without this First Amendment, Landowner would retain the ability to conduct the
Original Vested Uses through the end of the Original Term, and to thereafter perpetuate
those established uses under City's nonconforming use ordinances.
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. Th is First Amend ment will provide substantial funding towa rd the construction of a pu blic
facility to be identified by the City in its sole discretion.
. This First Amendment will avoid the cost and uncertainty of defending against a legal
challenge to the Zone Change and/or lndustrial Good Neighbor Policies brought by
Landowner, its agents, officers, and affiliates.
x. Public Hearings. On August 10,2022, at a properly-noticed public hearing, the City's Planning
Commission reviewed and recommended that the City Council approve this First Amendment.
L. City Council Action. On September 2L, 2022, the City Council conducted a properly-noticed
public hearing in accordance with Chapter 9.45 of Article 2 of Title 9 of the Menifee Municipal
Code ("Development Agreement Ordinance"). Following the public hearing, the City Council
introduced and conducted a first reading of the Adopting Ordinance for the First Amendment.
At a properly-noticed public meeting on October 5,2022, the City Council conducted a second
reading of and adopted the Adopting Ordinance for the First Amendment, making the
Amendment Effective Date November 4,2022.
M. Findings. ln approving the Adopting Ordinance for the First Amendment, the City Council found
that this First Amendment (i) is consistent with the City's General Plan and the presently
applicable zoning for the Propertyl, (ii) is in the best interests of health, safety, and general
welfare of the City, its residents, and the public, (iii) is entered into pursuant to and constitutes
a present exercise ofthe City's police power, and (iv) is entered into pursuant to Government
Code Section 65868 and the Development Agreement Ordinance, which authorize the City to
enter into modifications, including extensions of time, to a previously approved and effective
Development Agreement.
N. Purpose of First Amendment. lt is the intent of the Parties that this First Amendment will (i)
provide to both the City and Landowner ongoing assurances and certainty with respect to the
development and use of the Property, (ii) provide significant benefits, in the form of vested
rights, to Landowner beyond those Landowner already has received as consideration for entering
into the DA, (iii) provide significant New Public Benefits to the City beyond those the City already
has received as consideration for entering into the DA, and (iv) resolve disagreements between
the Parties with respect to the Zone Change and the lndustrial Good Neighbor Polices as they
relate to the development and use of the Property.
AGREEMENT
For the consideration set forth below, the Parties agree as follows:
1. lncorporation of Recitals. The Recitals above are intended to serve as a substantive part of this
First Amendment. Without limiting and to clarify the foregoing:
a. Landowner shall deliver the "First Amendment Payment" described in Recital H1 at the time
and in the manner specified in Recital H1. lf Landowner fails to timely deliver the First
Amendment Payment to City, City may, upon provision of written notice to Landowner,
unilaterally terminate this First Amendment.
1 Because the DA remains in effect at the time of this First Amendment, the Zone Change is not currently applicable to the Property.
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b. Any alleged default with respect to the "Elimination of Certain Original Vested Uses"
described in Recital H2 shall be addressed in the manner set forth in Section 15 of the DA.
c. The "Waiver of Claims" described in Recital H3 shall be deemed effective without any further
action by Landowner upon delivery of the First Amendment Payment.
d. This First Amendment shall be effective as of the November 4,2022, the Amendment
Effective Date. lt shall not become "operative" (meaning that the Parties will receive their
respective benefits from the First Amendment) unless and until the First Amendment
Payment is timely delivered to the City by Landowner.
2. Property. As ofthe Amendment Effective Date, Landowner holds legaltitle to the Property. The
Property is comprised of (i) Assessor Parcel Nos. 384-180-051 and 384-180-052 (now known as
"Scott Road Commerce Center l") and (ii) Assessor Parcels Nos. 384-150-009, -010, and -011
(now known as "Scott Road Commerce Center ll"). For clarity, the property described on Exhibit
"B" and shown on Exhibit "C" is the same as the property described on Exhibit A to the DA.
3. Relationship to DA. This First Amendment amends, but does not replace, the DA. The Original
Effective Date of the DA remains December 20,2073, irrespective of the Amendment Effective
Date. References to the "Agreement" in the DA shall be deemed to refer to the DA as modified
by the First and Second Amendments, unless to do so would conflict with the express intent of
either the First or Second Amendment. When considered in conjunction with the DA which it
amends, however, this First Amendment shall be interpreted and applied to implement the
intent of each of this First Amendment's provisions, subject to the following:
a. Provisions Not Modified. Except as provided in the First and Second Amendments, including
Paragraph 4 below, the original provisions of the DA shall remain in full force and effect.
b. Resolution of lnconsistencies. lf a provision of this First Amendment is inconsistent with,
conflicts with, or impedes the full implementation of a provision of the DA that has not been
expressly deleted or modified by either this First Amendment or the Second Amendment,
the First Amendment provision shall prevail over the original lan8uage in the DA, but only to
the extent needed to fully implement the First Amendment provision and the stated intent
of this First Amendment. When considered in conjunction with the Second Amendment, this
First Amendment shall be interpreted and applied in a manner consistent with the Second
Amendment's provisions.
4. titigationContingencies.
a Extension of Term of First Amendment. lf litigation is filed by a third party which seeks to
invalidate either the First or the Second Amendment or either of the Adopting Ordinances
("Adverse titigation"), then, upon the filing of that Adverse Litigation both the Extended
Development Term and the Extended Use Term (as described in the modification to Section
6.2 set forth in Paragraph 5k below) shall automatically be further extended for a period
equal to the length of time from the filing ofthe Adverse Litigation u ntil the Adverse Litigation
is "final."2 The maximum of each of these extensions, however, shall be three (3) years.
All refe.ences within thas First Amendment to litigation being "final" shall mean that the litigation has concluded, whether byjudgment,
dismissal, settlement, or otherwise, and all applicable appeal rights have been exhausted or expired.
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b. Return of First Amendment Poyment.lf the First Amendment Payment has been made to City
by Landowner and a court of law subsequently invalidates the First Amendment and all
Adverse Litigation related to the First Amendment is final, then:
o Within forty five (45) days after Landowner's written request, the City shall return the
First Amendment Payment with interest based upon the Local Agency lnvestment Funds
(LAIF) from the date the First Amendment Payment was delivered to the City through
the date the First Amendment Payment was returned to Landowner (the "Returned
Funds").
. Upon receipt of the Returned Funds, Landowner shall provide an express disclaimer and
waiver by Landowner of any rights under or relating to this First Amendment, effective
upon delivery of the Returned Funds to Landowner by the City.
The provisions of this Paragraph 4 shall survive the termination of this First Amendment.
Specific Modifications and Updates. On the Amendment Effective Date, the Recitals and all
other provisions of this First Amendment, along with the following updated information and
changes to the DA, shall be deemed to modify the DA; provided, however that under Paragraph
1(d), such modifications shall not become operative unless and until the First Amendment
Payment is timely delivered to the City by Landowner. Where terms defined in this First
Amendment, but not used originally in the DA, are used in the provisions of the DA which are
modified by this First Amendment, they shall have the defined meaning given to them by this
First Amendment. (For purposes of this Paragraph 5, the "Recitals" identified in the headers to
subparagraphs a-h refer to recitals of the DA. References to recitals in this First Amendment are
stated as, for example, "Recital D of this First Amendment." "Section" references are to the DA
as originally approved, while "Paragraph" references are to this First Amendment.) Pursuant to
Section 9.45.130 of the Menifee Municipal Code, 4f Landowner has provided the First
Amendment Payment and subject to the provisions of Paragraph 4 above, then the following
specific modifications and updates to the DA are made by this First Amendment:
a. Recital Bof the DA. Recital B is su pplemented by Pa ragraph 2 of this First Amendment.
b. Recitol C ol the DA. Recital C is supplemented and updated by Recital D of this First
Amendment.
c. Recital Dolthe DA. Recital D issupplemented and updated bymodifyingthe introductory
statement and adding subparagraphs (g) and (h) as follows:
"D. Proiect. The land use approvals for the Project obtained prior to the Approval Date of
this First Amendment (collectively, the "Project Approvals") include but are not limited
to the followlng:"
(e)Plot Plan No.2016-726.approving a minor modification for Commerce Pointe ll,
reducing the number of buildings to two and the total square footage to 157,147 square
feet. Approved on January 79,7077.
(h)PLN 21-0216 approving a minor modification for Scott Road Commerce Center ll
(formerly Commerce Pointe l), reducing the number of buildings to three and the total
square footage to 544,540 square feet. Approved on November LO,2O2L."
7
d. Recitol E of the DA. Recital E is supplemented by Recital N of this First Amendment.
e. Recitol Fof the DA. Recital F is supplemented by Recital Hof this FirstAmendment.
f . Recital G of t re DA. Recital G is supplemented by the Recital K of this First Amendment.
g. Recital H ol t re DA. Recital H is supplemented by Recital M of this First Amendment.
h. Recitol I of the DA. Recital lis supplemented by Recital Kof this First Amendment and Recital
L of th is First Amendment.
i. Section 2,4. Section 2.4 is modified to read in its entirety:
' qleln3Etrectlye !g!C. December 20, 2073."
j. Section 6.7- Section 6.1 is modified to read in its entirety:
"Original Effective Date. The Original Effective Date is December 20, 2013. The
DA was recorded on December 26,2Ot3, in the Official Records ofthe County of
Riverside, State of California. The First Amendment is effective as of November 4,
2022. Not later than November 70,2022, the City and Landowner shall execute
and acknowledge the First Amendment. Not later than November L4, 2022,lhe
City Clerk shall cause the First Amendment to be recorded in the Official Records
of the County of Riverside, State of California, provided that a referendum
applicable to the First Amendment has not been timely submitted to the City. The
failure of the City to sign and/or record the First Amendment shall not affect the
validity of the First Amendment."
k. Section 6.2. Section 6.2 is modified to read in its entirety:
"Term. The term ofthe DA commenced on the Original Effective Date and, absent
amendment, the final day of the ten-year Original Term would have been
December L9,2023. The DA has been amended to extend the Original Term as
follows:
(al Development. With respect to the Development Rights described in Section
7.1.1 below, the Original Term is extended through December 19,2028, unless
otherwise terminated, modified, or extended by the terms of this Agreement
('Extended Development Term').
(b) Use. With respect to the Use Rights described in Section 7.1.2 below, the
Original Term is extended through December 19, 2063, unless otherwise
terminated, modified, or extended by the terms of this Agreement. ('Extended
Use Term')."
l. Section 5.3. Section 5.3 shall be superseded by the provisions of Paragraph 4 above.
m. Section 5,6. The first sentence of Section 6.6 is modified to read:
"Except with respect to rights and obligations expressly stated to survive the
Termination of this Agreement, following Termination of this Agreement all of
the rights, duties and obligations of the Parties shall terminate and be of no
further force and effect."
n. Section 7.1. Section 7.1 is modified to read, in its entirety:
8
o
"Development and Use Rights.
7.1.1. Development Rishts. Separate from the use rights provided under
Section 7.1.2, which expire as set forth in Section 6.2(b), during the
Extended Development Term and except as set forth in Sections 7.2, 7.3,
7.4 and 8.5 below, with respect to the Property, the density and intensity
of use, the rate, timing and sequencing of development, the maximum
height and design and size of proposed buildings, the parking standards,
and provisions for reservation and dedication of land, shall be as set forth
in this Agreement, the Existing Land Use Regulations in force and effect
on the Adoption Date, and the Project Approvals."
7.1.2. Use Rights. Separate from the development rights provided under
Section 7.1.1, which expire as set forth in Section 6.2(a), during the
Extended Use Term and except as set forth in Section 7.2, 7 .3, 7.4, and
8.5 below, the Remaining Vested Uses may be conducted in those Project
Buildings which have been constructed orfor which building permits have
been granted as of December L9, 2028. The provisions of Section 6.5
("Automatic Termination") shall not apply to Use Rights.
7.1.3. Nonconforminq Uses. All uses of the Property, including the
Original Vested Uses, which become nonconforming at any time shall be
subject to the provisions of the Menifee Municipal Code, as it may be
amended from time to time, pertaining to the continuation of
nonconforming uses. For the remainder of the Original Term and during
the Extended Use Term, a use shall not be considered nonconforming if
it is permitted by this Agreement. "
Section 7.2. Section 7.2 is modified to read, in its entirety:
"Een_fa&S_g!t!_E4g!9ns. Except as provided in Sections 7.2(a) and
7.2(b) below, the Landowner shall pay when due all Exactions duly
imposed by the City on the Project and/or the Property as part of the
Project Approvals and Existing Land Use ReBulations. Landowner shall pay
those citywide application, processinB, inspection, permit and plan check
fees and charges (the "Processing Fees") required by the City and in effect
at the time of the application for that permit or approval. Landowner
agrees that Landowner shall pay the City the full costs of a contract
planner or contract building plan check person if such services are
determined to be necessary by the City Manager; provided, however,
that the Processing Fees paid by Landowner to the City shall apply as a
credit against the costs of the contract planner or the contract building
plan check person. This Agreement shall not limit the City's right and
power to impose taxes on the Property or Project provided that any taxes
imposed are adopted pursuant to all applicable laws and that said tax is a
general tax that app lies throughout the boundaries of the City.
lal Development lmpact Fees for Buildings 3, 4, and 5. As ol May 26,2022,
development impact fees ("DlF Fees"! for Buildings 3, 4, and 5 were paid
o
10
in full by Landowner with respect to any and all building permits required
for those buildings.
(bl Future DIF Fees. Notwithstanding the foregoing, the DIF Fees
applicable to the Project, as set forth in the attached Exhibit "C", shall be
subject to moratorium during the Original Term of this Agreement, i.e.,
through December 1^9,2023 ("DlF Freeze"). Without prejudicingthe right
of either Party to contend that additional DIF Fees are or are not required
for future development of the Property as a result, for example, of the
expiration of a building permit:
. During the remainder of the Original Term (i.e., through December
19,2023\, the DIF Freeze shall remain in place.
o After the conclusion of the Original Term and through the conclusion
of the Extended Development Term (i.e., from December 20,2023,
through December 19, 2028), the DIF Fees imposed upon the Project
shall be those established pursuant to Council Resolution ZL-LOO7.
For avoidance of doubt, the fees applicable to "lnd ustrial/Business
Park" development on the Property under City Council Resolution No.
27-lOO7 are charged at a rate of 55,372 per 1,000 square feet of
construction.
p. Section 79. Section 19 is modified to read, in its entirety:
"Excuse for Nonperformance. Landowner and City shall be excused from
performing any obligation or undertaking provided in this Agreement if and so
long as the performance of any such obligation is prevented or delayed, retarded
or hindered by act of God, fire, earthquake, flood, explosion, action of the
elements, pandemic (provided, however, that the Parties acknowledge the
COVID-19 pandemic is not currently and has not to date caused any excuse for
nonperformance under this Agreement), war, invasion, insurrection, riot, mob
violence, sabotage, strikes, lockouts, condemnation, Adverse Liti8ation, court
order or any reason not caused by and not within the control of the Party
claiming the extension of time to perform. The Party claiming such extension
sha ll send written notice of the claimed extension to the other Party within thirty
(30) days from the commencement of the cause entitling the Party to the
extension."
q. Section 23. Section 23 is modified to read in its entirety:
"City: City of Menifee
Attn: City Clerk
29844 Haun Road
Menifee, CA 92586
With a copy to: Jeffrey Melching
Rutan & Tucker, LLP
18575 Jamboree Rd, gth Floor
lrvine, CA 92612
I
Landowner
jmelch ing@ ruta n.com
Edmond F. St. Geme
Scott Road Pa rtners LLC
c/o Ju piter Holdings LLC
24 Corporate Plaza, Suite 100
Newport Beach, CA 92660
ed@jupiterholdings.com
Tim Paone
Cox, Castle & Nicholson LLP
3121 Michelson Drive
Su ite 200
lrvine, CA 92612
tp aon e @ coxcastle. co m"
With a copy to:
Sedion 25. Section 25 is modified to read in its entirety:
"Further Assurances and Cooperation. City and Landowner will
cooperate in a "good faith and fair dealing" manner with respect to each
oftheir respective obligations under this Agreement. This includes, but is
not limited to, the timely delivery of the New Public Benefits by
Landowner and the City's timely review of all applications and issuance
of all permits (building, occupancy, etc.) for each of the Project Buildings.
Each Party further covenants, on behalf of itself and its successors, heirs
and assigns, to take all actions and do all things, and to execute, with
acknowledgment or affidavit if required, any and all documents and
writings that may be necessary or proper to achieve the purposes and
objectives of this Agreement."
Section 30. Section 30(a) is added to the Agreement to read as follows:
"(a) This Section 30 shall apply additionally to the construction of the
Project, with the clarification that, os to the City,lhis provision creates an
indemnification obligation and not an obligation to pay prevailing wage.
Landowner shall not be considered in default under this Section 30,
except for a failure to meet that indemnification obligation."
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
5
11
lN WITNESS WHEREOF, City and Landowner have executed this First Amendment to City of Menifee
Development Agreement 2012-116, with an Amendment Effective Date of November 4,2022.
"citi'
CITY OF MENIFEE, a California city
By:
Armando G. Villa, City Manager
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Jeffrey T. Melching, City Attorney
"Landowner"
scott Road Partn ers LLC,
a Delaware limited liability company
By: Jupiter B-lll LLC,
a Delaware limited liability company,
Its: Member
By: Jupiter Advisors LLC, a California limited
liability company,
Its Manager
By:
Name: Edmond F. St. Geme
Its: Manager
12
ATTEST:
Stephanie Roseen, lnterim City Clerk
A Notary Public or other officer completing this certificate verifies only the identity of the individual who siBned 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 offlcer)
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
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 Orange
On belore 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.
W|TNEss my hand and official seal
Signature
'13
(seal)
(seal)
)
)
)
)
EXHIBIT A
(Original Development Agreement)
14
EXHIBIT B
(Legal Description of Property)
Real property in the City of Menifee, County of Riverside, State of California, described as follows
PARCEL ,I , AS SHOWN ON PARCEL MAP NO. 36597 RECORDED NOVEMBER 15, 2018, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 246, PAGES 6 THROUGH 8 OF
PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 384-180-05'l
PARCEL 2, AS SHOWN ON PARCEL MAP NO. 36597 RECORDED NOVEMBER 15, 2018, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 246, PAGES 6 THROUGH 8 OF
PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 384-180-052
PARCEL A:
BEING A PORTION OF PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A
PORTION OF PARCEL "A'OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016, RECORDED
JUNE 23, 2006, AS DOCUMENT NO.2006-0452652, OFFICIAL RECORDS OF SAID COUNTY,
LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST , S.B.M., SAID PORTIONS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 'A", SAID CORNER BEING A
POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD
IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 'A' AND SAID CENTERLINE OF
ZEIDERS ROAD, NORTH 00'22'06' EAST, A DISTANCE OF 660,06 FEET;
THENCE SOUTH 89"37'54" EAST, A DISTANCE OF 853.00 FEET;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL'A", NORTH 89'28'13" WEST, A
DISTANCE OF 853,00 FEET TO THE POINT OF BEGINNING.
CONTAINING 12.95 ACRES MORE OR LESS
RESERVING A RECIPROCAL EASEMENT FORTHE BENEFIT OF PARCEL'B'AND PARCEL "C"
AS SHOWN HEREON.
15
THENCE SOUTH 00'22'06" WEST, A DISTANCE OF 662.47 FEET TO THE SOUTHERLY LINE OF
SAID PARCEL "A":
BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF
MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN
BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AND A PORTION OF PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016,
RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006.0452652, OFFICIAL RECORDS OF SAID
COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., SAID
PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL'A", SAID CORNER BEING A
POTNT ON THE CENTERLTNE OF ZETDERS ROAD (30 FEET rN HALF W|DTH), AS SA|D ROAD
IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP;
THENCE SOUTH 89"37'54' EAST, A DISTANCE OF 853.00 FEET;
THENCE SOUTH 89'37'54'EAST, A DISTANCE OF 49.51 FEET;
THENCE NORTH 74"41'01" EAST, A DISTANCE OF 67.00 FEET;
THENCE SOUTH 89'37'54' EAST, A DISTANCE OF 284.25 FEET TO THE EASTERLY LINE OF
SAID PARCEL ''A'';
1) NORTH 00"24'.17" EAST, A DTSTANCE OF 281.53 FEET;
2) NORTH 12'43'.4s" WEST, A DTSTANCE OF 154.03 FEET;
J,|NORTH 09"59'30" EAST, A DISTANCE OF 210.15 FEET TO THE NORTHERLY
LINE OF SAID PARCEL 1l
THENCE ALONG SAID NORTHERLY LINE, NORTH 89'26'00' WEST, A DISTANCE OF
1251.68 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1, SAID CORNER BEING
A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH);
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 AND SAID CENTERLINE, SOUTH
00'22'06" WEST, A DISTANCE OF 661.19 FEET TO THE POINT OF BEGINNING.
to
PARCEL B:
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A'AND SAID CENTERLINE
OF ZEIDERS ROAD, NORTH 00'22'06' EAST, A DISTANCE OF 660.06 FEET TO THE
POINT OF BEGINNING.
THENCE ALONG SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES:
CONTAINING 18.66 ACRES MORE OR LESS.
RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "A" AND PARCEL'C'
AS SHOWN HEREON.
PARCEL C:
BEING A PORTION OF PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN
BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, AND A PORTION OF PARCEL "A' OF NOTICE OF LOT LINE
ADJUSTMENT NO. 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006.
0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22,
TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., SAID PORTIONS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER
BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH),
AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. O5O16
AND SAID PARCEL MAP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A" AND SAID CENTERLINE
OF ZEIDERS ROAD, NORTH 00"22'06' EAST, A DISTANCE OF 660.06 FEET;
THENCE SOUTH 89'37'54' EAST, A DISTANCE OF 853.00 FEET TO THE POINT OF
BEGINNING;
THENCE SOUTH 89'37'54' EAST, A DISTANCE OF 49,51 FEET;
THENCE SOUTH 89'37'54' EAST, A DISTANCE OF 284.25 FEET TO THE EASTERLY LINE OF
SAID PARCEL "A'';
THENCE ALONG SArD EASTERLY LrNE OF THE FOLLOWTNG TWO (2) COURSES
1) SOUTH A0'24'17" WEST, A DTSTANCE OF 668.47 FEET;
2)SOUTH 05"18'20'EAST, A DISTANCE OF 13.29 FEET TO THE SOUTHEAST
CORNER OF SAID PARCEL ''A":
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL'A", NORTH 89'28'13" WEST, A
DISTANCE OF 399.15 FEET;
THENCE NORTH 00'22'06" EAST, A DISTANCE OF 662.47 FEET TO THE POINT OF BEGINNING.
THENCE NORTH 74"41'01" EAST, A DISTANCE OF 67.00 FEET;
17
CONTAINING 6.19 ACRES MORE OR LESS.
RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "A'AND PARCEL "B'
AS SHOWN HEREON.
18
APN(s): 384-150-009, 384-150-010, 384-150-01 I
EXHIBIT C
(Depiction of Property)
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ConcoptuolSile Plon
Scott Roadi Commerce Center @
BI.DG 4
220,606 S.F.
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BLDO, 3
229,934 S,F,
M6nilee, Couniy ol Riverside, CA Scheme l2
19
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EXHIBIT D
(l-P Regu lations)
Iuenil'ee. CA Code of ordimrres
ARTICLE X
I.P zONE
(INDUSTRIA PARK}
The fo[owing reguhfurE shallapply to all I-P Zones
SECTION IO.I. USES PERMITTED.
a. The folb*ing uscs 8'r pclmined provilcd rn lndusrhl Park Plx Phn has been aprroved plrsunr{ l,o th€ provbins ofsectin
It.30 ofthb ordirunce.
( | ) The folbwhg irdtaEillnd marufschnhg 6cs:
a) loo4 Lurnbr, Wood. rrd Paper prcdl.rB:
l. Crain and bEkery trodrts.
2. Sugar ard confgctbnEry Eodrcts.
3. Nonalcoholb bcveragcs.
4. lce.
5. Vanufacture of furniturc ard fi.iturcs irEhding cabirets, paniixs, and sirnilar hems.
6, Printing Erd puhlhhhg or rca3p6pers, perirdicak, hroks, forms, cards, ard similar tems.
7. Binding of ffis 8rd othcr publicatbtE.
b) Tcxtile snd Lce0rr Productsi
l. We.ring .lparcl rnd rcceslory producb.
2. ManufacturE ofhsrdbaSi. tJgglgc, fool're$, lrd othlr persooalba*Er Eoods.
c) Chenical ard Ghs! Pr(ilEt6:
l. PhEirEccutixl rcscarch and fiunufact[e.
2. Ghssblowtg pressing, cuttin8, and o0Er glassware prodllcls.
d) Met L MachirEry,.rd Ebctr-8lProdEts:
l. Jcrlcky nBnufactuE and Ep6t.
2. Msnufocture, .ssembly. t$ting and rtFir ofcomporErts, devices, equirnent snd sysrc[B ofan cbcrtal elgc[dlic. or
eLct cmcchsnic8l rEtu'c, such t!, hn nct limited to:
a. Tcbvbirn 8rd.adio cquiprner rrd systcrrrr.
b. Phmogrspts and ardio ulits,
s. Mcteri'jg irBtrumcr s, aquiFranr srd systcms.
d. Radar, infraEd and uhrrvblet equiFrEm and lystems.
e. Coib, tubes, semicorductors aad simihr cqtrpar, nts.
f. ScbnrifE snd rrc-chanic.l irEtrurnents.
& D.ta Fressing cquiprncnt and r),stefils.
h. CommunicatirL navigstir control trsrEmbsbn ad rcceplirn .quipmenl control tran&mbsiJr and Gccptbn cquipment,
20
.ofltrol equipment and systems, guiiance equipment and syrtems.
i. Mrsical and recordine equipmenl.
3. Offre and compu(ing machine manufactwe. repair. and sates.
.1. Conroldeviccs ard gauges.
i. Equipmenr sales, rentaland storage.
6. Applidnce rnanufacture. and repat.
7. Manufaclure of lighting fD(tues, and supplies.
e) lraniportation and RelateJ Induslric5:
l. Vehicle storagc and impoundment whhin an enclosed building.
l- Trailer. recreationalvehicle. ard boat storage within an cnclosed building.
0 Enginccrin8 and Scientilic Instruments:
I l\lanufacture and repair ol'engineering, scientifh, and medical inslrumentation including but not limited to:
a. Measuring devices. watches. clocks, and rehted items.
b. opticalgoods.
c. Mcdical and dental instruments.
d. Lngineerin8, survey. and drafting imtrurnents.
e. Photo$aphic cquipnEnt.
g) Indl.rslrialtJscs:
l. Public utilit) substatioN and storagc buildinBs.
2. Warehousing and distribution, itrcluding mini-warehouses.
l. Commrmtations and microwave inslallations.
4. Cold slorage facilities.
5. Ielcphone exchanges and switching cquipment.
6. Post orficer-
7. ['ire and police statkns.
8. Water and gas company sen'ice facilities.
g. Parcel delilery servtes.
10. Recycling colkction fac ililies.
(2) The folbwing service and comnrcrciaiuscs:
a) Banks and lmancial institutions.
b) Blueprint and duplicating scrvices.
c) l.aboratories, lilrn, medical. research. or tcsting centers.
d) Ollicc equiprncnt sahs and scrvicc.
e) Offlces, prolessional sales and scrvhe. irrcluding business, law, medicaL dental, chiropractic, architecluraland cnginecring.
t) Parking lots and parking structures.
21
g) RestruranB arld otlEr ealing establbhrncnB.
h) Barber snd be&dy slloF.
i) Day csre centaB.
j) Health and exercise centers.
k) Mobilehomes, proviled they arc kept mobile and licerued pusuant to state law, when used lor construction offres and
caretaker's quafters on constnEtbn sites for th€ dulatiql ofa valid buiEhg permit.
l) One-family dwellhSs on the same parcel as tl.E irdusfbl or commcrcial tse povided srch d*ellings are occupbd
exch$ively by thc proprietor or caretakcr of thc tlse 8nd their immediatc famil8s.
m) Signs, on-site advertbing.
n) Autornobile service slatix6, nc't including the concurren sale of beer and wirc la off-prembcs consurllpi,t-
o) Moteb.
p) Cht[chcs, temples. or other stnEturcs lrsed pimatily for religiors worship.
Amerfud Etroctive:
11-&-95 (Otd. u8.i753)
b. Ihe following uses are permincd provlJcd I corditbml rrse permit has been Erantcd pumusnt to Scctioo 18,28 of thb ordinance:
(l) Airports.
(2) Hcliports.
(l) Rccycling processing facirtbs.
c. S€x-o entcd b6inelses, subject to th8 provbins ofCounty OrdinarEe No. 743. Tlte [6es lbted in SubEectiors a. ad b. do not
hclu& rex-orbnted btsirrsses.
Amende<l Etrective:
03-01-94 (OnL U8.35a)
d. Any use that is not spcciirally llted in Srfiscctions a. ard b. may be ctrDi!€r€d E permiltcd or cordilbnally pcrmittcd usc
Fovidcd tlut fic Planning Dircctor lrds that th€ proposed use is suhstantiany the sstrE ir chsractcr &nd htensity as tl6se lbted in th€
&signated subsections. Such a t6e b subFct to the permit process which gov€rns th€ category in which it falls.
Amen&d Effective:
0&06-89 (Od. A8.3Un)
e1G89 (Otd. U8.W7)
1O0r09 (Ord. U8.3053)
0XO1-94 (Ord. u8.3584)
1 1 -3G95 (Otd. 348.37 53)
S[CTION I0.2. PI,ANNED INT'I.'STRIAI, DEI'ELOPMENTS.
Plarurcd indLstrial developments are pernined provued a hnd divbioo has been approvcd pusuant to $e provisions ofordinance
No. 460.
ST](:'TIoN IO.J. INDLSTRIAI, PARK PT,OT PLAN
22
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Stephanie Roseen, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No.2022-354 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 5th day of October,2022 by the following vote:
SS
)
)
)
Ayes:
Noes:
Absent:
Abstain:
Liesemeyer, Karwin, Sobek, Zimmerman,
None
Deines
None
nie Rosee , Acting City ClerkI]r)
zn
MENIFEE I