2023/02/22 JPMB Investments, LLCAGREEMENT TO INDEMNIFY AND HOLD HARMLESS
This Agreement to Indemnify and Hold Harmless ("Agreement") is entered into,
effective as of February 22 , 2023, by and between the CITY OF :MENIFEE, a municipal
corporation, on the one hand ("City"), and JPMB Investments, LLC, a California Limited
Liability Company ("Indemnitor" or "Indemnitors"), on the other. The City and Indemnitor(s)
are herein referred to collectively as the "Parties" and individually as a "Party."
RECITALS
Whereas, JPMB Investments, LLC has applied to the City for various discretionary
approvals including a Tentative Tract Map application (TTM PLN2 l-0057) to develop
subdivision for a gated community consisting of 13 0 detached single-family homes with a
minimum lot size of 5,000 square feet with a density of 2.9 dwelling units per acre with 11.7
acres of undisturbed open space, 1.9-acre tot lot, 1.1-acre dog park, and a 1.8-acre detention
basin (the "Project") on a 44.7-acre site located on the west side of Goetz Road, east of
Williams Drive, south of Rancho Drive and north of Palm Drive within the City of Menifee
(APNs: 341-060-002, 341-060-010, 341-060-011, 350-245-004) (the "Property"); and
Whereas, in connection with the consideration of the above-mentioned discretionary
approvals, Indemnitor(s) has offered to, and hereby agrees that it will, indemnify and hold the
City harmless from any challenges arising from or related to the discretionary approvals, the
Property or the Project as more fully set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, and based upon the foregoing recitals, and the terms, conditions,
covenants, and agreements contained herein, the Parties hereto agree as follows:
1.Incorporation of Recitals. The Recitals set forth above are an integral part of this
Agreement, and are fully incorporated herein.
2.Indemnitors' Indemnification Obligations. Indemnitor(s) shall indemnify, defend, and
hold harmless the City of Menifee and its elected city council, appointed boards,
commissions, committees, officials, employees, volunteers, contractors, consultants
(which may include the County of Riverside and its employees, officers, officials, and
agents), and agents (herein, collectively, the "Indemnitees") from and against any and all
claims, liabilities, losses, fines, penalties, and expenses, including without limitation
litigation expenses and attorney's fees, arising out of either (i) the City's approval of the
Project or actions related to the Property, including without limitation any judicial or
administrative proceeding initiated or maintained by any person or entity challenging the
validity or enforceability of any City permit or approval relating to the Project, any
condition of approval imposed by the City on such permit or approval, and any finding or
determination made and any other action taken by any of the Indemnitees in conjunction
with such permit or approval, including without limitation any action taken pursuant to the
California Envi ronmental Quality Act ("CEQA"), or (ii) the acts, omissions, or operati ons
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8073430.2 a02/13/23