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2023/05/12 Agreement Minor Development Agreement Amendment - Cimarron Ridge, LLC TR36658WHON R"ECORDED MAIL TO: ra,!: clw oF MENIFEE 298MH N ROAD MENIFEE cA 92586 (TX'CUME}'I WLL ONLY DE I!II,.RI{ED TO NAME & ADDi!5S IDENTITIED (SPACE ABOVE FOR RECORDER'S USE)Reclded tor the benefft of the City ol Menifee and exempt fom recording fees DuBUanl to Govemmenl Seclion 27383 (DOCUMENTTITLE) MINOR DEVELOPMENT AGREEMENT AMENDMENT by and between CITY OF MENIFEE and CIMARRON RIDGE, LLC REGARDING THE CIMARRON RIDGE SPECIFIC PLAN PROJECT Effective Date:' May 11,2023 SIiPARATE PAGE, PURSUANT TO CA, GOV'T, CODE 2736I,6 RECORDING RSOUESTED BY **". COMMUNIry DEVELOPMENT DEPT. DOC # 2023-0135885 0511212023 08.00 AlVl Fees: $0.00 Page '1 of I Recorded in Off c al Records County of Riverside Peter A dana Assessor-County Clerk-Recorder "This document was eleclronrcally submitted to lhe County of Riverside for recordinq" Receipled by CRISTINA #7700 DOC #2023-0135885 Page 2 of 8 MENIFEE Nevv. Better. Best. 29444 Hnun Fld. Mcnllco CA. 92546 (9511 672-677-1 I Fdx (9s1) 679-3843 cityorrtlenifee.us DATE:May 11,2023 Stephanie Roseen, Acling City Clerk Cheryl Kitzerow, Community Development Director Desiree McGriff, Associate Planner Mlnor Amendment to th6 Development Agreement (2014-002) for Road lmprovement - Cimarron Ridge TR 36658 D*crlotlon of Road lmotovement Aoreement- The Minor Agreement is to amend the Development Agreement (2014-002) TR36658 (Cimanon Ridge) and is attachod for the City Manager, City Clerk, and City Attomey's signatures, and is required to be recorded electronically to the Riverside County Assessor Clerk Recorde/s offlce. The Agreement stipulates lhal the developer seeks transfer of timing for completion of travel way improvements of Goetz Road, from Thomton Avenue to White Quartz. Please see the attached Minor Amendment Agreement signed by Cimanon Ridge, LLC. Please return a PDF copy of the Fully Executod Agreomcnts to D8iree Mccrlff at dmcqriff@citvof menifee.us. Thank you, Desiree McGriff, Associate Planner Enc: Minor Amendment Agreement Pulte Memorandum Copy of Exhibit A FROM: RE TO: CG: THIS MINOR AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF MENIFEE AND CIMARRON RIDCE. LLC RECARDING THE CIMARRON RIDGE SPECIFIC PLAN PROJECT ("Minor Amendment") is made and effective as of S./tt./ 23 ("Effective Date") by the City of Menifee, a municipal corporation of the State of Califomia ("City") and Cimarron Ridge, LLC, a Califomia limited liability company ("Developer"). City and Developer are collectively referred to herein as the "Parties" and individually as a "Party." RECITALS A. City and Developer entered into a Development Agreement By And Between City Of Menifee and Cimarron Ridge, LLC Regarding the Cimarron Ridge Specific Plan Project on June 7, 201 7, ("Agreement"). B. On February 26,2023, Developer submitted a letter ("Request"). Attached as Exhibit A herein, to the City to formally request a change to the plan schedule in the Agreement. The Request includes a map adjusting the timing ofthe development ofthe above-mentioned roads. C. Section 6.2.3. Administrative Adjustments of the Agreement authorizes the City Manager to, in his discretion. enter into Administrative Adjustments, including Minor Amendments. Minor Amendments include "variations to the location of structures that do not substantially alter the design concepts of the Specific Plan," "variations in the location of utilities or other infrastructure connections or facilities not materially affecting design concepts," or "similar modifi cations." NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration, the Parties hereby agree as follows: Section l. Developer seeks to transfer the timing for completion of travel way improvements of Coetz Road from Thomton to White Quartz. In lieu of improving this segment of Goetz Road with the Tract 36658-2. White Quartz would be completed from Thomton to Coetz Road as an alternative north/south connection. Developer indicates that this would allow for the safe transition of public improvements to be completed. The map shown in Exhibit A and the schedule of building are incorporated herein. Section 2. The City Manager is authorized to approve this Minor Amendment and does so in accordance with Section 6.2.3 ofthe Agreement. CITY OF MENIFEE AND CIMARRON RIDCE. LLC MINOR AMENDMENT TO CIMARRON RIDCE DEVELOPMENT AGREEMENT ENTERED INTO JUNE 7,2017. TO CHANGE PLAN SCHEDULE FOR CERTAIN STREET SEGMENT IMPROVEMENTS *City" City of Menifee. a municipal corporation City Manager ATTEST City Clerk APPROVED AS TO FORM RI]]'AN & TIJCKER, LLP "Developer" Cimarron Ridge, LLC. a California limited I iab ili mpan.v Ilv Its: By: Its: DARREN WARREN----------VTEEI'6sft,6m8ftf- Acquisitions & Devolopmont City Attorney Section 3. No other provisions, sections, or terms of the Agreement are altered, amended, or changed other than that described above involving the timing complete of travel way improvements of Coetz Road from Thornton to White Quartz/Valley. Section 4. The individuals executing this Minor Amendment represent and warrant that they have the right, power, legal capacity. and authority to enter into and execute this Minor Amendment on behalf ofthe respective legal entity of Developer and the City. Section 5. This Minor Amendment may be executed in one or more counterparts, each of which shall be deemed an original. but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first written above. ACKNOWLEDGMENT 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 MAY 10,2023 before me.TAYLOR COLLEEN BLOCK, NOTARY PUBLIC (insert name and title of the office0 personally appeared DARREN WARREN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(€) islar€ subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisA€#the+r authorized capacity(ies), and that by his/h€#thei+ signature(sfon the instrument the person{€), or the entity upon behalf of which the persone 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. 1 ldR\ T^yLoR cotLtEx OCr w;rtilii:i*til*, Signature (Seal) \ WITNESS my hand and official seal. Section 3. No other provisions, sections. or terms of the Agreement are altered. amended. or changed other than that described above involving the timing complete of travel way improvements of Goetz Road from Thomton to White Quart/Valley. Section 4. The individuals executing this MinorAmendment represent and warrant that they have the right, power, legal capacity. and authority to enter into and execute this Minor Amendment on behalfofthe respective legal entity of Developer and the City. Section 5. This Minor Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first written above. "Cify" City of Menifee, a municipal corporation City Manager ATTEST City Cl APPROVED AS TO FORM RtITAN &'l'LlCKt1R. LLP "Developer" Cimarron Ridge, LLC, a California limited liability company By: Its: By: lts: &eY* PP Ld--.o vrd lrY Levetqu*'*:;f'A /|,,t.'L C it)Attornev Gulte City of Menifee 29844 Haun Rd Menifee, CA Attention: Cheryl Kitzerow Re: Cimmaron Ridge Minor Mod/amendment 2126/23 Please Iind this letter as the formal request to memorialize the ctrange to the cimmaronRidge Improvement plan schedure, pei th" sp"cifi" ptun-u,,a tne aei"lop-"ni - -----" agreement. This change is to transfer the timing compretion of traver way impmvements of Goetz .ll,TlT-:"n to White euartz/Valley. The transfer ttrenlacknowtedg"s tt " o"*umrng ro complete the ravel way improvements from Thomton and thei up WhiteQuartz to the new Valley/Goetz Rd. This allows for the safe transition of public improvements to be completed. Please see the attached colored improvement schedule of improvements. Also please no& that the invoice attached herein is also paid. Thank or vour help '7?^,! J Ford Pulte Home Co. LLC 27401 Los Altos, Suite 400 , Mission Viejo, CA 92691 TRACT 36658 CIMARRON RIDGE IMPLEMENTING FACILITIES EXHIBITA It rl r a LfoE t0 I -t<TaT.::il @ tvPLEt/ENnNe rAqUnES D RAFT EtilkanENO ' NEE',A offite_ - -rs ffiil; tlnLIjEl \r .;,rI