2023/04/28 BLC Fleming, LLC Certificate of Agreement Compliance (not recorded or notarized)DocuSign Envelope ID: 651CA202-3EBA-4B79-AB69-BACBOA42569A
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Noah Shih, Senior VP Operations, LEED AP
Newport Pacific Land Company
100 Bayyiew Circle, Suite 240, Newport Beach, CA 92660
Attention: General Counsel
Exempt from Recording Fees (Govt. Code §§ 6103 and 27383)
CERTIFICATE OF AGREEMENT COMPLIANCE
This CERTIFICATE OF AGREEMENT COMPLIANCE (this "Certificate"), effective as
Of April 28th , 2023 ("Effective Date"), is made by the CITY OF MENIFEE, a municipal
corporation of the State of California (the "City") and provided to and for the benefit of BLC
Fleming, LLC, a Delaware limited liability company ("Developer").
RECITALS
A. In accordance with the Development Agreement Statute, of the State of California
(Government Code Section 65864 et seq.), Title 22, Chapter 22.16, Part 4 of the Riverside County
Code, and the implementing procedures of the City, the City acting through its City Council,
approved a Development Agreement for a project as therein described (the "I'roiect") on Property
as therein described located within Riverside County, by adopting Ordinance No. 2020-302, on
June 17, 2020 (the "Development Agreement"). The Property is described on Exhibit A attached
hereto and incorporated herein by this reference.
B. The Development Agreement was recorded in the Office of the Recorder of the
County of Riverside, State of California (the ` 0111 icial Records") on June 30, 2020, as Instrument
No. 2020-0282073. The Development Agreement has a term of fifteen (15) years, subject to
possible extensions, commencing on July 17. 2020. Unless otherwise defined in this Certificate,
all initially capitalized defined terms used in this Certificate shall have the respective meanings
given them in such Development Agreement.
C. The Development Agreement provides for the development of the Property, in the
manner described in the Development Approvals approved by the City on June 3, 2020 and June
17, 2020.
D. The Development Agreement provides for the periodic review of the Developer's
good faith compliance with the terms of the Development Agreement to be submitted annually by
the Developer on April 10 and reviewed by the City in May, and continuing annually thereafter
which reviews are termed an "Annual Review." The Development Agreement provides the
process for and items subject to review in each Annual Review.
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DocuSign Envelope ID: 651CA202-3EBA-4B79-AB69-BACBOA42569A
E. Consistent with the requirements of the Development Agreement, the Development
Agreement Act and the Development Agreement Ordinance, the City conducted an Annual
Review for the 2022-2023 year of the Development Agreement on April 21, 2023 and concluded
that the Developer was in good faith compliance with the Development Agreement during such
period.
F. Pursuant to Section 4.4 of the Development Agreement, the Parties now desire to
memorialize the City's determinations made during the Annual Review for year 2022-2023 of the
Term by the making of this Certificate.
NOW, THEREFORE, the City certifies, represents and warrants for the benefit of the
Developer and all those holding title in the Property as follows:
1. Development Agreement in Effect. The Development Agreement is in full force
and effect, and City has not agreed to any amendment of any provision of the Development
Agreement [other than as expressly identified in the Recital A of this Certificate].
2. Compliance with Development Agreement. Developer is, to the current knowledge
of the City, and based on the City's investigation during the Annual Review, in good faith
compliance with the Development Agreement, as required by Section 65865.1 of the Development
Agreement Act.
3. No Defaults. To the actual knowledge of City, no default on the part of Developer,
and no breach or failure of condition that, with notice or lapse of time or both, would constitute a
default on the part of Developer, exists under the Development Agreement.
4. Determinations Conclusive. This Certificate constitutes and shall evidence the
City's conclusive determination of the matters set forth herein.
[Signature page follows.]
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DocuSign Envelope ID: 651CA202-3EBA-4B79-AB69-BACBOA42569A
IN WITNESS WHEREOF, the City has caused this Certificate to be duly executed on its
behalf as of the Effective Date.
CITY OF MENIFEE,
a municipal corporation of the State of California
Armando G. villa, City M4nager
DATE: 04/28/202 3
ATTEST:
CITY CLERK
DATE: 04/28/2023
APPROVED AS TO FORM:
CITY ATTORNEY
DATE: 04/28/2023
2465/031858-0003
16835379 1 a04/28/23
-3-
EXHIBIT "A""
LEGAL DESCRIPTION
IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF
SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCEL "A"
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID SECTION 22;
THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH 00° 08' 04" EAST, 2694.46 FEET, TO
THE CENTERLINE OF CHAMBERS ROAD (44.00 FEET HALF WIDTH);
THENCE ALONG SAID LINE, NORTH 88- 30' 09" WEST, 2629.46 FEET TO THE CENTERLINE
INTERSECTION OF CHAMBERS ROAD AND SHERMAN ROAD;
THENCE CONTINUING ALONG SAID CENTERLINE NORTH 88" 30' 32" WEST, 1027.89 FEET;
THENCE LEAVING SAID LINE SOUTH 00° 07' 54" EAST, 593.64 FEET;
THENCE NORTH 89° 02' 28" WEST, 941.59 FEET;
THENCE NORTH 89' 44' 20" WEST, 82.09 FEET:
THENCE NORTH 00' 04' 58" WEST, 300.03 FEET;
THENCE NORTH 89° 01' 24" WEST, 475.95 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ENCANTO
DRIVE (30.00 FEET HALF WIDTH);
THENCE ALONG SAID RIGHT OF WAY LINE NORTH 01' 13' 02" WEST, 168,98 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 11969.56 FEET;
THENCE NORTHERLY ALONG SAID CURVE 239.42 FEET THROUGH A CENTRAL ANGLE OF 01 ° 08' 46';
THENCE NORTH 00" 05' 04" WEST, 1771.50 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89° 55' 33" EAST 100.00 FEET;
THENCE NORTH 00° 05' 04" WEST, 60.00 FEET;
THENCE SOUTH 89° 55' 33" WEST, 100.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ENCANTO
DRIVE (30.00 FEET HALF WIDTH);
PRERARED BY: K&A ENGINEERING DATE EXHIBIT PREPARED: APRIL 3, 2020
357 N. SHERIDAN 5T.
CORONA, CA 92880 10174
EXHIBIT "A"
LEGAL DESCRIPTION
THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00° 05' 04" WEST, 435.00 FEET;
THENCE LEAVING SAID LINE SOUTH 89' 18' 51" EAST, 185.90 FEET;
THENCE NORTH 00" 05' 40" WEST, 255.28 FEET TO THE CENTERLINE OF ROUSE ROAD (60,00 FEET
HALF WIDTH);
THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 89° 18' 45" EAST, 1031.61 FEET TO THE
CENTERLINE INTERSECTION OF ROUSE ROAD AND TRUMBLE ROAD;
THENCE ALONG SAID CENTERLINE OF ROUSE ROAD SOUTH 89° 18' 49" EAST, 1313.99 FEET TO THE
CENTERLINE INTERSECTION OF ROUSE ROAD AND SHERMAN ROAD;
THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 89' 18' 54" EAST, 2627.27 FEET TO THE
POINT OF BEGINNING;
CONTAINS 331.01 ACRES, MORE OR LESS
EXCEPTING 3 PARCELS THEREFROM, DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF PARCEL "A'
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A", NORTH 00° 04' 58" WEST, 554.12 FEET TO
A POINT 50.00 FEET SOUTH OF THE CENTERLINE OF CHAMBERS ROAD;
THENCE PARALLEL WITH THE CENTERLINE OF CHAMBERS ROAD, SOUTH 88° 30' 32" EAST, 82.12
FEET;
THENCE SOUTH 00° 04' 58" EAST, 552.36 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID
PARCEL "A';
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 89° 44' 20" WEST, 82.09 FEET TO
THE POINT OF BEGINNING;
CONTAINS 1.04 ACRES, MORE OR LESS
PRERARED BY: K&A ENGINEERING DATE EXHIBIT PREPARED: APRIL 3, 2020
357 N. SHERIDAN ST.
CORONA, CA 92880 2 OF 4
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 2
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF PARCEL 1;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOUTH 00° 04' 58" EAST, 254.09 FEET TO AN
ANGLE POINT IN SAID PARCEL "A";
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 89° 01' 24" WEST, 442.92 FEET
TO A POINT 63.00 FEET EAST OF THE CENTERLINE OF ENCANTO DRIVE;
THENCE PARALLEL WITH THE CENTERLINE OF ENCANTO DRIVE, NORTH 01° 13' 02" WEST, 170.25
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
11936.56 FEET;
THENCE NORTHERLY ALONG SAID CURVE 66.39 FEET THROUGH A CENTRAL ANGLE OF 00' 19,071, TO
THE SOUTHWESTERLY CORNER OF THE SOUTHERLY CORNER CUTBACK OF CHAMBERS ROAD AND
ENCANTO DRIVE;
THENCE ALONG SAID CORNER CUTBACK NORTH 340 27' 45" EAST, 25.73 FEET TO THE
NORTHEASTERLY CORNER OF SAID CORNER CUTBACK, SAID POINT BEING 50.00 FEET SOUTH OF
THE CENTERLINE OF CHAMBERS ROAD;
THENCE PARALLEL WITH THE CENTERLINE OF CHAMBERS ROAD, SOUTH 88° 30' 32" EAST, 432.94
FEET TO THE POINT OF BEGINNING;
CONTAINS 2.62 ACRES, MORE OR LESS
PARCEL 3
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL "A", SAID POINT BEING THE
NORTHERLY END OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 11969.56 FEET;
THENCE PERPENDICULAR TO THE CENTERLINE OF ENCANTO DRIVE, NORTH 89° 54' 56" EAST, 33.00
FEET TO THE TRUE POINT OF BEGINNING;
THENCE PARALLEL WITH THE CENTERLINE OF ENCANTO DRIVE, NORTH 00° 05' 04" WEST, 1714.35
FEET;
THENCE SOUTH 57° 42' 36" EAST, 511.66 FEET;
THENCE NORTH 89" 54' 56" EAST, 37.87 FEET;
PRERARED BY: K&A ENGINEERING DATE EXHIBIT PREPARED: APRIL 3, 2020
357 N. SHERIDAN ST
CORONA, CA 92880 3 OF 4
EXHIBIT "All
LEGAL DESCRIPTION
THENCE SOUTH 00° 05' 04" EAST, 1504.00 FEET TO A POINT 50.00 FEET NORTH OF THE CENTERLINE
OF CHAMBERS ROAD;
THENCE PARALLEL WITH THE CENTERLINE OF CHAMBERS ROAD, NORTH 88" 30' 32" WEST, 456.75
FEET TO THE SOUTHEASTERLY CORNER OF THE NORTHERLY CORNER CUTBACK OF CHAMBERS
ROAD AND ENCANTO DRIVE;
THENCE ALONG SAID CORNER CUTBACK NORTH 320 36' 03" WEST, 24.89 FEET TO THE
NORTHWESTERLY CORNER OF SAID CORNER CUTBACK, SAID POINT BEING 63.00 FEET EAST OF THE
CENTERLINE OF ENCANTO DRIVE AND ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 11936.56 FEET, TO WHICH A RADIAL LINE BEARS
SOUTH 89° 45' 56" WEST;
THENCE NORTHERLY ALONG SAID CURVE 30.07 FEET THROUGH A CENTRAL ANGLE OF 000 08' 40" TO
THE TRUE POINT OF BEGINNING;
CONTAINS 17.51 ACRES, MORE OR LESS
AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART THEREOF
ROBERT SCIPIOBLUME Cl- No. 9154 :4
P.L.S. NO. 9154 * Exp. 3/31/21 *
REG. EXP. 03/31/21
CA
PRERARED BY: K&A ENGINEERING DATE EXHIBIT PREPARED: APRIL 3, 2020
357 N. SHERIDAN ST.
CORONA, CA 92880 4 OF 4
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LINE TABLE
NO.
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DISTANCE
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593.64'
L2
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941.59'
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L16
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442.9
L17
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170.25
L18
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7
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432.9C
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L21
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L22
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7, 07'
L23
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456.76
L24
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2489'
L25
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554.17'
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Cl —_- = SCALE 1'=400
"-N88'3032-W-•- - _1,L LAND
L6 1027.89' ) I I — N883009'wt 2629.46' - C, Q1 SCIPIO el
LS p G& CHAMBERS ROAD
(i r^�
1.04 AC.
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I-2 L3 L2 I — - * E:p. 3/31/21
2.82 AC. S I II //� if! �l4lE OF CAL1f�a�r
i ,/
SCALE: 1"=800'
AREA: SECTION 22, TOWNSHIP 5 SOUTH, RANGE 7 WEST, S.B.M.
309.84ACRES±(PARCEL"A" MINUS EXCECPMON PARCELSI, 2, AND3) DATE EXHIBIT PREPARED: APRIL3,2020
DocuSign Envelope ID: 651CA202-3EBA-4B79-AB69-BACBOA42569A
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Riverside
On
, before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Riverside
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
2465/031858-0003
16835379.1 a04/28/23 -4-
(Seal)