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2023/04/12 Agreement Recorded agreement for the deferral of public improvements for PP 2018-300, CUP2018-301, CUP 2018-302 and TPM2018-320, PM 37992 Motte Country Plaza_fueotdinE Requested By: Flffl Amlricsn Trrle ComDmv Hg$ebslldcr Services Divisio'n RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MENIFEE ATTN: CITY CLERK 29844 HAUN ROAD MENIFEE, CA 92586 Attention: City Clerk O4/12/2O?g Oli4t pn Fee: g 0.oOPage t of 23 8:iii9'3r'1,9:ljciar Records illffi :Hntliirilrfl rlfr liil'iirruu Lrtl (spAcE ABOVE RESERVED FOR RECORDER'S USE) (Exempt from Recording Fee Pursuant to Government Code g 27383) A. Developer is the owner in fee of certain real property located at the northwest corner of California State Route 74 at Palomar Road in the City of Menifee, County of Riverside, State of California, as more particularly described in Exhibit "A", which is attached hereto and incorporated herein by this reference (the "Application Propefi"). B. Developer submitted to City for City approval, Plot Plan 2018-300, CUP 2018-301 , CUP 2018-302, and TPM 2018-320/PM 37992 (collectively, the "Entitlements"), a series of applications for a development project on portions of the Application Property, which application included, among other things, (i) subdividing the Application Property into two (2) legal parcels, (ii) relocating the "Chinese Bistro" train car restaurant to the vacant space on the west side of the existing building containing U-Turn for Christ, U.S. Post Office, Curves, Nails Time and Nutri-Fruit, all of which are located on the western portion of the Application Property, and developing on the eastern portion of the Application Property (the "Property") a convenience store, fast food restaurant, car wash, and gas station (collectively, the "Development"). The Property is more particularly described in Exhibit "B", which is attached hereto and incorporated herein by this reference. 882/03 1858-0001 16617196.1Ie0l/l7,23 2023-0104423 AGREEMENT FOR THE DEFERRAL OF PUBLIC IMPROVEMENTS FOR PLOT PLAN 2018-300, CUp 20't8-301 , CUp 2018-302, AND TPM 2018-320/PM 37992, A COMMERCIAL DEVELOPMENT PROJECT This AGREEMENT FOR THE DEFERRAL OF PUBLIC IMPROVEMENTS FOR PLOT PLAN 2018-300, CUp 2018-301, CUp 2018-302, AND TpM 2018-320tpu 37992, A CQMMERCIAL DEVELOPMENT PROJECT ("Agreement") is entered into, effective as of EUt .-r*rZ: 2023, by and between the CITY OF MENIFEE, a Califomia municipal corporation'('City"), and MOTTE COUNTRY PLAZA, LLC, a California Limited Liabitity Company ("Develope/'). The City and Developer are herein referred to collectively as the "Parties" and individually as a "Party." RECITALS 1 D. On June 23, 2021 ,lhe City's Planning Commission adopted Resolution Nos.PC21- 533, PC21-534, PC21-535, PC21-536, and PC21-537, approving the Entitlements, subject to all of the Conditions of Approval issued in connection therewith (collectively, the "COA's"). E. Pursuant to the COA's, including, without limitation, COA's 96, 98, 148, 149, 150 and '170 for Plot Plan No. 2018-300, and COA's 18, 21, 69, 70,71 and 82 for Tentative Parcel Map No. 2018-320, Developer is required to construct all requisite ultimate improvements along the portions of the Property fronting California State Route 74, as required in City's Subdivision Ordinance, for a Modified Expressway (the "Property Roadway lmprovements"). F. Seclion 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. H. Concurrently herewith, Developer and City are entering into and recording against the Application Property that certain Agreement Containing Covenants Affecting Real Property, pursuant to which City has permitted Developer to temporarily retain certain improvements within the portions of the Application Property that are designated as "ultimate right-of-way" under City's General Plan (the "Agreement Containing Covenants"). 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 lncorporated. The Recitals are inco rporated as if fully set forth herein 2. Completion of Property Roadway lmprovements and SecuriU. At any time following the commencement of the construction documents design phase for the development of the Propefi Roadway lmprovements, as determined by the City Engineer and/or Public Works Director of City in his or her reasonable discretion, City may provide Developer notice, in writing, of such commencement (the "City Notice"). Within ninety (90) days following City's E8ZO3 t E58-0003 16617196.1I a0ln7/23 -2- C. Pursuant to City's General Plan, the segment of California State Route 74 fronting the Property is designated as an Expressway, and as a result the approval of a subdivision map for the Property must be conditioned on the applicant constructing all requisite ultimate roadway improvements, as required in City's Subdivision Ordinance, for an Expressway. G. Developer has submitted a request for a deferment of its obligation to construct the Property Roadway 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. provision of the City Notice, 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 Property Roadway lmprovements, including without 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, City shall have the right, in its sole and absolute discretion, to elect to complete development of the Property Roadway lmprovements, and in such event, Developer shall be obligated to pay to City, in advance, the costs City will incur to develop the Property Roadway lmprovements. 3. lndemnification. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Developer shall defend (with legal counsel reasonably acceptable to City), Indemnify, and hold free and harmless the City of Menifee and the City's agents, officers, and employees, (each, an "lndemnitee") from and against any and all claims, loss, cost, damage, injury, expense, and liability of every kind, nature, and description (including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, 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. 4. Developer to Pay City Costs. Develo per agrees to pay all costs incurred by the City for the drafting, implementation and enforcement of this Agreement, including, without limitation all attorney's fees. 5. Covenants Runninq 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. Proposed Partial Sale bv Develooer. As of the Effective Date, Developer contemplates selling the Property to Palomarmar, LP, a California Limited Partnership ("Palomarmar"), concurrently with or following recordation of the Parcel Map. ln connection with any such sale, Palomarmar shall automatically be bound by the terms and obligations of this Agreement as they apply to the Property. Prior to or concurrently with such sale, however, Developer shall provide to City an assignment and assumption agreement substantially in the form attached hereto and incorporated herein as Exhibit "C", pursuant to which Developer assigns to Palomarmar and Palomarmar accepts such assignment from Developer and expressly and unconditionally agrees to be bound by the terms and obligations of this Agreement as they apply to the Property ("Assignment and Assumption R82/01t858,000u 166!?l96ll a0l /17/2'l -3- Agreement"). Following recordation of the Assignment and Assumption Agreement in the Ofiicial Records of Riverside County, Developer shall be released from all obligations of this Agreement as they apply to the Property. 7. Amendments. 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. 8. Attorney'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. 9. Waiver. The waiver by either party 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. 10. Successors and Assiqns. This Agreement shall be binding upon the heirs, executors, administrators, successors, transferees, and assigns of the Parties. 11. 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. 12. Execution of Aqreement.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 Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. [End of Agreement - Signature page follows] 88r03 I E58-0003 16617196.1I a0l/17l:3 -4- lN WITNESS WHEREOF, the parties hereto have entered into this Agreement to be effective as of the date first written above. .CIry' CITY OF MENIFEE, a California Municipal Corporation oateo:lrurcl )(,2023 Attest: By: Anita KavNqrel.i By:Dl l"lu^ Vi ng City Clerk APPROVED AS TO FORM RUTAN T CKER, LLP By: . Melch Attorney oateo: Fe,b. 23 ,2023 Daniel Padilla, City Engineer .DEVELOPER" MOTTE COUNTRY PLAZA, LLC, A California Limited Liabillty Company By: . Motte,Manager 58E2/03 | E5E,0001 l66l7l96.ll a0l/17123 CALIFORNIA ALL-PURPOSE ACKI{OWLEDGMENT CIVIL CODE 5 II89 qffiiE+I@l{ A notary public or other officer completing this certlficate 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 L(e-) on kbrua13Ji, aoJS berore me,SR r.)i\\ern Ootar"r Prtti" Here tnserT Nome ord rit.ii# onn, personally appeared r\ohn D rn o.\-te who proved to me on the basis of satisfactory evidence to be the person6) whose name(, is/a+e subscribed to the within instrument and acknowledged to me that he/sh€Ahey executed the same in his/#t+eir authorized capacity(ied), and that by his/h€rlth€ir signaturel4 on the instrument the personF), or the entity upon behalf of which the person(9, acted, executed the instrument. I certiry 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 Ploce Notory Seol ond/or Stamp Above of Notory Public OPTIONAL Completing this informotion can deter olterotion of the document or froudulent reottochment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date Number of Pages:_ Signe(s) Other Than Named Above: Capacity(iesl claimed by signer(s) Slgner's Name: trl Corporate Offlcer - Title(s):D Corporate Ofiicer - Title(s) tr Partner - EJ Limlted o General tr lndividual El Attorney in Fact o Trustee tr Guardian of Conservator tr Partner - o Limited D General tr lndividual trl Attorney in Fact tr Trustee tr Guardian of Conservator o Other:o Other: Siqner is Representing Signer is Representing O2OU National Notary Association s. A. willem coMMd 2432893 NoTARY PUBLTc-cAUFoRNTA fRiversido counlyuvt0t, .ExPtRfs12/30/2026 Nome(s) of Signe4sl Signer's Name: EXHIBIT"A" LEGAT DESCRIPTION OF APPLICATION PROPERTY REAL PROPERTY IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CATIFORN1A' DESCRIBED AS FOttOWSI tOT 93 OF ROMOLA FARMS, A5 SHOWN BY MAP ON FIIE IN BOOK 12, PAGE 71 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CATIFORNIA; EXCEPTING THE WEST 41.90 FEET CONVEYED BY DEED RECORDED SEPTEMBER 5, 1984 AS INSTRUMENT NO. 194245, OF OTFICIAL RECORDS OF RIVERSIDE COUNTY, CATIFORNIA, AI.SO EXCEPTING THEREFROM THE SOUTHERI.Y 20 FEET OF SAID LOTs, AS CONVEYED TOTHE COUNTY OF RIVERSIDE BY A DOCUMENT RECORDED FEBRUARY 21, 1978 AS INSTRUMENT NO. 32658, OF OTFICIAL RECORDS OT RIVERSIDE COUNTY, CAUIORNIA; ATSO EXCEPTING FROM LOT 93, THAT PORTION OT tOT CONVEYED TO THE COUNTY OF RIVERSIDE, 8Y A DOCUMENT RECORDED FEERUARY 1. 1979 A5 INSTRUMENT NO. 23009, OF OFFICIAL RECORDS OT RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING AtT OIL, GAs AND OTHER HYDROCARBON SUB5TANCES AND MINERAIS LYING IN AND UNDER SAID IAND, AS RESERVED BY DEED RECORDED TEBRUARY 7, 1956AS INSTRUMENT NO. 13633, AS TO AN UNDIVIDED ONE-HALF INTEREST AND BY DEED RECORDED FEBRUARY 7, 1965 AS INSTRUMENT NO. 13632, BOTH OF OFfICIAI. RECOROS OF RIVERSIDE COUNTY, A5 TO AN UNDIVIDED ONE.HALF INTEREST, CONTAINING 3.80 ACRE5, MORE OR I-ESS. PaBe 1of I EE2/011858"0001 16617196.1I a0l/l ?/:3 ,JOg N0. tot t 7 DA7E: 12-02-2022 CLltNl: Alfr.Sg PI.AT TO ACCOMPANY LEGAL O€SCRIPTION4-- ,,//c,iATL R.PLS 9299 ttilkanE,{G"^,EEFlAcaal.rrt. .4i .italra -Ba DriY., r,{ni.r. cr 9230./r.t (e5' ) 68-02.'. Fd (e51t .16-0:58 L0_ 1 tol a. SHEEI ' OF I IN89'28 00't 5.67', li I I+ 3 r.9' E E e ls t: lE I,P ti l'd, I t s E:6E q 3cq Io { Gt F 8 Fll I I 9 1 .5 tt 35..2 30 5J5 1a -vROAD\NE92 a00't 645. 50 B7aI f G I^Y P€R caAN, WD RECQtrO 12,f71 AdPttD PtR otI, t]fl8u,nf z. ,9n as ,6lat,f,tf ,ao_ 3259106fp4 8f,cfrot RCffi',D ,tt-f 09, t9t5, N EM< 16. PA6f 27E(r IfDs ffcmos c nvas,€ cdNTY-@ SAnt t'=to' sEcr0r ,r. T:ts., 8Jr. 5t 2C'. cuxr o€ED ttco@ rf,Y 2t' &rs DocrrEar xo, 208 -o.oaorro,CTHll IEOG PioP0stD PARCEL T3 {69'2E OO"E 54O 62 J81.39'159 2J K{8959 55-E 1 7?' rc{ 6 .AY PER 0,ll,f otTt)REC*ffi FWttnY Ltgn AS,6litt Exr r€. 2J@9,trrra( ifc@s PROPOSEO PTNCEL 2GeANf tEtD Rtcmf,sfPlfraEi t ,961 ,'t5NslRvl,fxl tn ,91215.ornd{ ffconDs E93-', El el PnoPostDLOf'8'rr:orPROPO$D toT'A'35 00J5 0a LS 9299 1. tA X0 ff 8x =; I .l !r P 8r I POf,rOar 0a Lol 9lRlLou Frirs,a t2/11 EXHtSr "8" TEGAL DESCRIPTION Of PROPERW THAT PORTION OF LOT93 OF ROMOI.A FARMS, AS SHOWN BY MAP ON FILE IN BOOX 12, PA6E 71OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED A5 FOLTOWS; COMMENCITTIG AT THE NORTHEAST CORNER OF SAID tOT93; THEI{CE 5OUTH 89'28,()0" WEST AI.ONG THE NORTHERLY LINE OF SAID tOT 93, A OISTANCE OF 24,00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL CONVEYED TO THE COUNTY Of RIVERSIDE, 8Y A DOCUMENT RECOROED FEERUARY 1, 1979 AS INSTRUMENT NO. 23009, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO EEING THE TRUE POIT{I OF EEGIiI IiJG; THENCE LEAVING SAID NORTHERLY LINE, SOUTH OO'OO'05" EAST, A DISTANCE OF 150,64 FEET; THENCE NORTH 89'59',55" EASI A DTSTANCE OF 4.72 FEET; T}IENCE SOUTH @"OO'05" EASI, A DISTANCE OF 1OO.O8 FEET TO A LINE PARALLEL WITH AND 35,00 FEET NORTIJERLY OF THAT CERTAIN PARCEL CONVEYTD TO THE COUNTY OF RIVERSIDE BY A DOCUMENT RECORDEO FEBRUARY 21, 1978 AS INSTRUMENT NO. 32558, OF OFFICIAT RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THII{CC NORTH 89'28'M" EAST ATONG SAID PARAI.I.EL LINE, A DISTANCE OF 159,23 FEETTO AN ANGI.E POINT THEREIN; THENCE NORTH 45'17'46" EAST ATONG SAID PARATLEL LINE, A OISIANCE OF 56.2T FEET TO A POINT ON THE WESTERTY TINE OF SAID CERTAIN PARCEI. CONVEYED TO THE COUNTY OF RIVERSIOE, BY A DOCUMENT RECORDED fEBRUARY 1, 1979 AS INSTRUMENT NO. 23(x)I', OF OFFICIAT RECORDS OF RIVERSIDE COUNTY, CALIK)RNIA; THENCE NORTH OO'13'OO" EAST ATONG SAID WESTERLY tINE, A DISTANCE OF 211.67 FEET TO THE POI'TT OT BE6INNI'{G. Page I of 2 882/Ol I E58-0003 16617196.1I !01/l?/23 REAL PROPERW IN THE CITY OF MENIFEE, COUNTY OT RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED A5 FOTLOWS: I}IENCE CONTINUIN6 ALONG SAID NORTHERLY LINE, A DISIANCT OF 206.37 FTET; EXHIBlT NB' tEGAt DESCRIPT|O OF PROPERTY ALSO EXCEPTING AU OIL, GAS ANO OTHER HYDROCAflBON SUBSTANCES AND MINERALS LYING IN AND UNDER SAID LAND, AS RESERVED BY DEED RECORDED FEBRUAflY 7, 1966 AS INSTRUMENT NO, 13533, A5 TO AN UNDIVIDED ONE-HAI-F INTEREST AND BY DEED RECORDEO FEBRUARY 7, 1966 A5 INSTRUMENT NO. 13632, BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNW, AS TO AN UNDIVIDED ONE.HATF INTEREST, CONTAINING 1,15 ACRES, MORE OR IESS, SEE EXHIBIT "8" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF PREPARED BY ME OR UNDER MY SUPERVISION: ffiR. BRENDEcKE, pLs 9299 | - 5 -z> NOTE: THIS LEGAL DESCRIPTION AN0 PLAT ARE NOT TO 8E USED FOR THE SUBDIVISIoN OF PROPERTY PER SECTION 66424 OF THE SUBDIVISION MAP ACT. ts 9299 R tA l{, o , O * 88.2/031858-0003 16617196.1I a0l/l7il3 Page 2 of 2 J@ tto. 10u7 MtE: 0t/6/202J cuErr_. r.{8 s9 E^,Gt'NEEFs -<-rr-arFri!-Ftt|.rt-,6arr9 AtFrl O.lv!, f,1!6b. C t2aoaI.a(06tHa-r*aa FoE(e5l) 5aa-{Soi stlE'f I OF t LOT LoT 848Jr€y26 '00'E 5a5.67'L E U - s! -37510- I I s It E o orl q Io q- Iil dr gi2'-r7 ot^xt o@ llootDeD JILY 2l,2ooat AS D0CUIIXI XG ZE-060am' 0.&-8B8 c lF $ I 6 B .8p8- GRAXI OED ffCfiOED sEPTa€tn 5 ,984 rS ,JSTRtt,eJI rO. t912a5, O.R. PORION OF LOT 93R^nou FlRnsta 12n1 l-*jtl ld E3 I 'l/I 46t !61.54',I 35.,|2', 535.1 -_vETHAMC ROAT)r€€t26'OO'E 71 Rqfi t aAY PER 't8 em A@el@ PtR D€ED ftoffiED .tlr 09, t9t5. n am( $6, PE 27a 0F o€Ds nEcmos f al€RsD€ cd./t{II f C TIAY PER CRTXT OEED @E@Ro@ fwutRf 2t, 1918 a5 $6rFtt orl flo. J2658 O& Sc,lf t'-ro' sEctxx 11. Iss.. R*, s&t 7l &CHT 6 IAY PER cf,I}If @DRE@.m tE8,uaRf t, tg79 as NstPt fi:Nr N)- 2J0oc, oR. Navso'ss's Ltt lclEs el. 2 72 Tr.0,B. POfrnOX Or Lor 9JFrxM tmrs vB t2/71 r€t26'@t 171.6.1' 35.@' E E 15 9299 i. G rl I0 t t PLAT TO ACCOM PAI,|Y LEGAL DESCRIMON ,/lct & R.PLS 9299 =x /<...-- EXHlBtT,,C" ASSIGNMENT AND ASSUMPTION AGREEMENT [See following document] 882/031858-0003 l66l7l 96 I I .01/l71ll RECORDING REQUESTED BY AND WHEN RECORDED RETURN 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 S 6103 AND S 27383 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (thE "Assignment') is made and entered into as of.,p!1f,---,2023, by and between MOTTE COUNTRY PLAZA, LLC, a California Limited Liability Company (the "Assignor''), and PALOMARMAR, LP, a Califomia Limited Partnership (the "Assignee"), collectively, the "Partles." RECITALS A. Assignor is the owner in fee of that certain real property located at the northwest corner of California State Route 74 at Palomar Road, in the City of Menifee, County of Riverside, State of California, as more particularly described in Exhibit'A', which is attached hereto and incorporated herein by this reference (the "Application Property"). B. Prior to the date hereof, Assignor and Assignee submitted a series of applications to the City of Menifee (the "City"), including, without limitation an application for a parcel map to subdivide the Application Property into two (2) legal parcels. C. As a condition to City's approval of the applications, among various other requirements, Assignor is required to construct all requisite ultimate roadway improvements, as required in City's Subdivision Ordinance. for an Expressway, along certain portions of the Application Property that front Califomia State Route 74. D. Assignor submitted a request to City to defer its obligation to construct said ultimate roadway improvements, which request was approved by City, subject to Assignor entering into with City and recording against the Application Property that certain Agreement for the Deferral of Public lmprovements for Plot Plan 2018-300, CUP 2018-301, CUP 2018-302, and TPM 2018-32O|PM 37992, a Commercial Development Project (the "Agreement for Deferral of Public lmprovements"), which was entered into on or about the same date hereof. E. On or about the same date hereof, Assignor is selling a portion of the Application Property, as more particularly described in Exhibit'8", which is -l" E82(ltlE5E 0003 l55l1t96.lt aitlt1t23 -l L I attached hereto and incorporated herein by this reference (the "Assignee Property") to Assignee. F. Assignor now desires to assign to Assignee and Assignee desires to accept said assignment from Assignor, and to assume, all of Assignor's rights and obligations under the Agreement for Deferral of Public lmprovements. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Partial Assignment of Agreement for Deferral of Public lmprovements. Assignor hereby assigns to Assignee, and Assignee hereby accepts from Assignor, all of Assignor's rights and obligations under the Agreement for Deferral of Public lmprovements with respect to the Assignee Property . 2, Assumption of Obligations. By acceptance of this Assignment, Assignee hereby assumes and agrees to perform and to be bound by all of the terms, covenants, conditions and obligations of Assignor under the Agreement for Deferral of Public lmprovements as they apply to the Assignee Property. 3. Notice. All correspondence and notices given or required to be given to the Assignor under the Agreement for Deferral of Public lmprovements, as of the effective date this Assignmeent, shall be provided to the Assignee and shall be addressed as follows: Palomarmar, LP 764 Ramona Expressway, Suite C Perris, CA 92571 4. Successors and Assigns. This Assignment shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, heirs and legatees of the respective Parties hereto. 5. Gounterparts. This Assignment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 6. Governing Law. This Assignment shall be governed by, interpreted under, and construed and enforceable with, the laws of the State of California. 882/031858-m03 l66l7l96.ll a0l i l7l:3 -2- ASSIGNOR: MOTTE COUNTRY PLAZA, LLC, a California Limited Liability Company By ) D. Motte, Manager ASSIGNEE: PALOMARMAR, LP, a California Limited Partnership By: Palomarmar, lnc., a California corporation Its: General Partner By: AIAb P nt 882,0:11858-0001 l66l7l96.lla0l/17/21 -J- CALIFORNIA ALL.PURPOSE ACKNOWLEDG]YIENT CIVIL CODE 5 1189 ;{l*}6Hr*t+r{i{(oi$r+#!q+{*r{r{G.,44i4ffi8ffi1ffi${Q-{il***{iud€ttlils&iall$#sl*,qa{k*&dtsti@lw#}Htsl*}*1+l*lt{r*$#i A notary public or other officer completing this certificate verifies only the identity ofthe individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of e ) On ,a Dote :.before me,\or (, Here lnseft Nome ond Title e Officer personally appeared John D m e Nome(4 of Signer(4 who proved to me on the basis of satisfactory evidence to be the person6) whose name(l) is/are subscribed to the within instrument and acknowledged to me that he/sh€lthey executed the same in his/herAh€ir authorized capacity(ies), and that by his/herltheir signature6) on the instrument the person(gI, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ploce Notory Seal qnd/ot Stomp Above Signoture of Notory Public OPTIONAL Completing this informotion con deter olterotion of the document ot froudulent reottochment of this form to on unintended documenL Descrlptlon of Attached Document Title or Type of Document: DocumentDate: NumberofPages:- Signe(s) Other Than Named Above: Capaclty(lesl Claimed by Signer(s) Signer's Name tr Corporate Officer - Title(s) tr Partner - tr Limited o General tr lndividual tr Attorney in Fact tr Trustee tr Guardian of Conservator Signer's Name tr Partner - tr Limited tr General tr lndividual Er Attorney in Fact El Trustee D Guardian of Conservator o Other:o Other: Signer is Representing Signer is Representing @2017 National Notary Association S. A Willem coMMr 2432893 NOTARY PUEI"IC-CALIFORNIA Riverside Counlv liY couM ExPltEs 12130/2026 ,.4\ i6f€r)\e/ El Corporate Officer - Title(s): CALIFORNIA ALL.PURPOSE ACKNOWLEDG]YIENT CIVIL CODE 5 1'189 ,r{r$r{, $ls}J# jn}*&$}{l*E*ss*ss*##$H(o1q$r$$afl$}ieists${eHi*&&#is*s*#*1(6fi9r{l&ii*1*J*Hfr#}fth*lH}8{&B{ffi18s*BBst A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which thls certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ide()County of On frV uor,r J3, Jo::before me,J oot ff\&r.oa-n Here lnsen Nome ond Title of A\c.hhnsi Officer personally appeared Nome(s) of Signer(s, who proved to me on the basis of satisfactory evidence to be the person(61 whose name(6J is/are subscribed to the within instrument and acknowledged to me that he/s@ executed the same in his/h€rttfrcir authorized capacity(i6), and that by his/W-th€ir signature(9 on the instrument the person(r), or the entlty upon behalf of which the person(r) acted, executed the instrument. I certiry 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 oture of Notory Public OPTIONAL Completing this information con deter olterotion of the document or froudulent reottochment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date NumberofPages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name:Signer's Name tr Corporate Offlcer - Title(s):Er Corporate Officer - Title(s): tr Partner - tr Limited o General Et lndivldual D Attorney in Fact tr Trustee u Guardian of Conservator tr Partner - tr Limited tr General tr lndividual tr Attorney in Fact o Trustee o Guardian ol Conservator o Other: Signer is Representing:Signer is Representing: @2017 National Notary Assoclation S. A. Willem coMMt 2432833 NOTARY PUBTIC-CATIFORNIA Riverside county IY Covlr. EIPnES 12130/2026 .<q t ^)i Vccr ft.,\cru 0ob\ic- za. if:ffi)\ady' Ploce Notory Seol ond/or Stomp Above o Other: By execution below, the City of Menifee hereby consents to the foregoing transfer and assignment. .CITY' CITY OF MENIFEE , a California Mun Dated Attest: 2023 By: Danr adilla,ity Engineer By0/A^, K".-^C"*-^ Alrita Kay V[so1,,A]tind City ClerkFlofc.k( (5 Zo1 S - RU & TUCKER, LLP J v Melchi ity Attorney 882/031858,0003 !6617196.11 a0l/17i23 fl^^.4. I<, APPROVED AS TO FORM EXHIgIT'A" LEGAI. DESCRIPT|ON OF APPLICATION PROPERTY REAL PROPERTY IN THE CIIY OF MENITEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS f OtLOWSI IOT 93 OF ROMOTA FARMS, AS SHOWN BY MAP ON FII.E IN B@K 12, PAGE 71 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTII,IG THE WEST 41.90 FEEI CONVEYED BY DEED RECORDED SEPTEMBER 5, 1984 AS INSTRUMENT NO. 194245, OF OFFICIAT RECORDs OF RIVERSIDE COUNry, CATIFORNIA. AT5O EXCEPTING THEREFROM THE SOUTHERtY 20 FEET OF 5AID LOTS, AS CONVEYED TOTHE COUNTY OF RIVERSIDE BY A DOCUMENT RECORDED FEBRUARY 21, 1978 AS INSTRUMENT NO. 32658, OF OFFICIAT RECORDS OF RIVEPSIDE COUNTY, C-AI-IIORNIA; AI-sO EXCEPTING FROM IOT 93, THAT PORTION OT LOT CONVEYED TO THE COUNTY OF RIVERSIDE, BY A DOCUMENT RECORDED TEBRUARY 1, 1979 A5 INSTRUMENT NO, 23009, OF OFFICIAT RECORDS OF RIVEFSIDE COUNTY, CATIFORNIA; AL5O EXCEPTING AIL OII-, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERAIS LYING IN ANO UNDER SAID tAND, AS RESERVED BY DtED RECORDED FEBRUARY 7, 1966 AS INSTRUMENT NO, 13633, AS TO AN UNDIVIDED ONE HALF INTEREST AND BY DEED RECORDED FEBRUARY 7, 1966 AS INSTRUMENT NO, 13632, BOTH OF OFTICIAI. RECORDS OF RIVERSIDE COUNTY, AS TO AN UNDIVIDED ONE-HALF IMEREST. CONTAINING 3.80 ACREs, MORE OR LESS, Page 1of 1 EEI/011858-0001 l66l7l96.l l o0l/l7i?3 0i EJIa !rI ) nI 0 I n rIIo E ! E F I t I I __E hE F...'.c) Ea4o-E<i'o92 92 B3 5s :'It6a9t ;, tEq "i 8 I - 4'.90 24.d\ PALOIIAR R04o ncHr q wAy ERtB t2/7t. Nat AccEPtED ,oI 9a -rL-t i,oolJmt N00!a 116? Jos 6l 761 "f 85 65 0 ,lk I I 50 v) ri EE->, o 5 JO Er I c I q R R B qRP BEI aFl Hin coBleSf,ri $ti s8s =xr sB 3ilFitIx BE : it E a- I @ t4 6 :I stE' 6c * [/ * uo J5 20 _!hq 'tE o3 t 5 @ -15 H3 at:E E; friE E; 250 6r ,Y00w'0rt t50.6aX II Na51f.6"t 56.?r' B8 EiEI !E$pPd51 iEBn Eelr'eE$ laB N0ooo oSA r15.oa' IOO 08 E 882/011858-0003 16617196.11r01/17123 ! 5Et s iej*c c I c nI F Ev Q EXHEIT'B' IIGAT DESCRPTIO{T Of ASSIGIE PNOP€NTY REAt PROPERTY IN THE CTTY OF MENIFEE, COUMY OF RNERSIDE STATE OF CALIFORNIA, DEsCRIBED AS FOIIOWS: IHAT PORTION OF LOT 93 OF ROMOIA FARMS, AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 71 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CAUFORNIA, OESCRIBED AS FOUOWS: COMMEiiCITIG AI THE NORTHEASTCORNER OF 5AID LOT 93; IhENC€ SOUTH 89'28,00" WESI ATONG THE NORTHERLYTINE OFSAID TOT93, ADISTA CEOF24.00 FEETTO fiE NORIHWE5T CORI{ER OF THATCERTAIN PARCETCOWEYEOTO THE COUNWOF RIVERSIOE, BY A DOCUMENT RECOROED FEBRUARY 1, 1979 AS INSTRUM ENT NO, 23009, OF OFFIOAL RECOROS OF RIVERSIDE COUNTY, CAUFORNIA, AI,5O BEII{G IHE INUE FOINT OF 8E6INNIN6; IHENCT CONNNUING ATONG SAID NORTHERTY LINE, A DI5TANCE Of 206,37 FE ET; IHENCE LEAVING SAID NORTH ERI.Y UNE, SOUIH OO'M'05' EAST, A DISTANCE OF 150.64 FEET; THENCE NORTH 89'59',55" EAST, A DTSTANCE OF 4.72 FEET; THENG SOUTH M!O'05" EAST, A DIsTANCE OF 1OO,O8 FEETTO A LINE PARALLELWTTH AND 35.M FEET NORTHERTY OF TTIAT CERTAIN PARCEI. CONVEYEO TO THE COUNTY OF RIVERSIDE BY A DOCUMENT NECOROEO FEBRUARY 21, 1978 AS INsTRUM ENT NO. 32658, O F OFFIOAT RECORDS OF RIV€RSIDE COUNTY, CALIFORNIA; 'IHEltlcl NOftItl 45'17'/t5' EAST ALOl{G SAIO PARAuE| tlNE, A DISTAI{CE OF 56.21 FEET TO A POINT ON THE WESTERLY LII{C OF SAID CERTAIN PAiCET CONVEYEO TO THE COUNW OF RIVERSIDE, BY A OOCUM€I{T RECORDED FEBRI.'ARY 1, 1979 A5 II{STRUME]'T NO. 23009, OF OFFICIAT RECORDS OF RIVE RSIOE COUI{TY, CIUFORI{1A; THENCE T{ORIH OO'IYOO' EAST ATONG SAIO WESTERTY LINE, A OISTAT{CE OF 211.6'7 FEETTO THE POINT Of BEGINIIING. THENCE NORIH 89'2AOO' EA5TAtONG SAIO PARAIIEI. tINE, A DISTANCE OF 159.23 FEETTO AN ANGLE POINT IHEREIN; Page I ol 2 88203 I 858-0m l l66l?196.1I r0l/17/21 EXHIBIT "8" LEGAT DESCRIPTIO OF ASSIGNEE PROPERW ALSO EXCEPTING ALL OII- GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERA!5 LYING IN ANO UNOER SAID LANO, AS RESERVED BY OEED RECORDED FEBRUARY 7, 1966 AS INSTRUMENT NO. 13533, ASTO AN UNDIVIDED ONE.HAIF INTEREST AND BY DEED RECORDED FEBRUARY 7, 1966 A5 INSTRUMENT NO. 13632, BOTH OF OFFtC|AL RECOROS OF RTVERS|DE COUNW, AS TO AN UNOTVTDED ONE-HALF INTEREST. CONTAINING 1.15 ACRES, MORE OR IESs. SEE EXHIBIT "8" ATTACHED HERETO AND BY THIS REFERENCE MAOE A PART HEREOF. PREPAREO BY ME OR UNDER MY SUPERVISION:ffiR. BRENDEcKE, PLs 9299 I - t '7> NOTE: THIS LEGAL DESCRIPIION AND PLAT ARE NOT TO BE USEO FOR THE SUBDIVISION OF PROPERTY PER SECTION 56424 OF THE SUBOIVISION MAP AgT, ts 9299 I. LA tIO tr ** 882/031858-0003 16617)96.i I a0l/17l11 Page 2 of 2 oAlE: 01,n8 N0. tot 17 Ef{Gl, N E EFS PLS 92N J R. A/AII: ,{,{8459 PLAT TO ACCOMPAAIY LEGAL DESCRIMON SHEEr 1 OF I LOT LOT 84 E6r2E OOt 8{5.67'L-7T.id ; ^8II- It f I F =B aE G oEc:oJ{ i. : lli/11-9'l l" HEEB5- I r7',r6'E 381.54'r 55-12' r.l8926'535.ta -_v645.50'EII| MC ROAo HIGHWAY 74 ag$ oF a Y P€R tE tzm Awt@ I MD REc(}@tp 4t v 09, 1915, N M< 4b, PA6€ 274 0f 0@5, Rgco?os 0F &r{'grg cdJflrY 6 WAY PR 6R/O7 O€ED s rE t'=ao' S€CIET 11, I5S. RJIJ, S&T 2l R'eIT T IiAY PER ANN| WD /iEcm0@ TBRJIRY ,. ,973ls ,l{s?Rt ExT Na 2J0@, o-R. Na$so'ss'E l.t' ACISS PO{nON Of LoT 93 RAIOU FARUS uB 12/71 82a'@'E 15A,25' 12 Tr.o.8 l.reL 2 173.61' 35.00' \ t rl't0 t cr 3ii =;aF 3t5l-"-t B1 -8: 8r-la I Gt rr D@ @m@ lfY 21, m:, AS DGlrS 1O.20H60'|S, o.L tililqi PoRT,oN oF LoT sJP: R{TOL^ FARIrsRl Cfltltr IEED trC0rrrrD tE fln1z /.f SB,1ffiR 5 tgEt AS( ,/ xsIFureJT t{o. 191215, OR. REcm@ FErU,RY 21, tgm t8 nasmurall ro. 1265a o.R. ts 92co /4-----