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24-1401RESOLUTION NO. 24-1401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING THE FILING OF PARCEL MAP NO. 38627 AND AUTHORIZING THE DISCHARGE OF A SUBDIVSION LIEN AGREEMENT ASSOCIATED WITH FORMER TRACT MAP 32101 WHEREAS, on August 5, 2015, the City Council approved tract map 32101 (TM32101), a subdivision of residential land into 197 residential lots, located south of Domenigoni Parkway and west of Briggs Road; and WHEREAS, the City Council previously entered into a Lien Agreement with Diamond Brothers Five Partnership, LP ("Developer") dated August 5, 2015, and recorded on September 3, 2015, with the County of Riverside Clerk Recorder as Document No. 2015-0396585, to provide securities for the completion of public improvements conditioned for the property and associated with TM32101; and WHEREAS, on December 14, 2022, the City received an application from the property owner, Diamond Brothers Five Partnership, LP, requesting reversion to acreage of TM32101 via acceptance of Parcel Map No. 36827 (PM36827); and WHEREAS, On October 4, 2023, the City Council approved Resolution 23-1361 approving a reversion to acreage as per PM38627 and authorized the discharge of a Lien Agreement associated with TM32101 dated August 5, 2015, and recorded on September 3, 2015, with the County of Riverside Clerk Recorder as Document No. 2015-0396585; and WHEREAS, the City and the Developer no longer wish to move forward with the reversion to acreage; and WHEREAS, the Developer has submitted a revised PM38627 for financing purposes that would merge all non-public lots into a single parcel and the City has reviewed the revised PM38627 for lot merger purposes and determined that no improvements have been constructed on the property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California: Section 1. The City Council, in filing Parcel Map No. 38627 for financing purposes for that residential property located south of Domenigoni Parkway and east of Briggs Road as specified in Parcel Map No. 38627, elects to proceed in accordance with the provision of the provisions of California Government Code (Subdivision Map Act) §§66426 "Necessity of Tentative and Final Maps" and the City of Menifee Municipal Code §7.30 "Finance Maps". Section 2. The City Council of the City of Menifee does hereby merge all lots on the residential property previously subdivided via tract map 32101 into a single parcel with the exception of all park and open space lots previously dedicated to the City, located south of Domenigoni Parkway and west of Briggs Road, and as depicted in Parcel Map No. 38627 attached hereto and incorporated as Exhibit "A". Section 3. The City Council does hereby discharge the existing Lien Agreement dated August 5, 2015, and recorded on September 3, 2015, with the County of Riverside Clerk Recorder as Document No. 2015-0396585, attached hereto and incorporated as Exhibit "B". Section 4. The City Council does hereby declare Resolution No. 23-1361 to be invalid and no longer in force or effect in relation to Parcel Map No. 38627 or Tract Map No. 32101. Section 5. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging to either the City of Menifee or public entity that existed prior to this reversion to acreage proceeding. Reservations of any easements are made in accordance with the provisions or Division 9, Part 3, Chapter 5, Article 1, of the Streets and Highways Code of the State of California. Section 6. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. Section 8. Effective Date. This Resolution shall become effective immediately. PASSED, APPROVED AND ADOPTED this 21st day of February 2024. Attest: Approved as to form: re . 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INCLUINE. OF MONUMENT NOTES TRACT NO 32101. IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE OFFICIAL RECORDS OF RIVERSIDE COUNTY. STATE STATE OF CALIFORNIA. PER MAP RECORDED IN BOOK CTION 36 TOSHIP OF CALIFORNIA LOCATED IN IENN 446 PAGES 42 THROUGH 49. INCLUINE W 5 SOUTH RAN GE 3 EST.IBM ] INDEN VAR EASEMENT NOTES K & A ENGINEERING, INC. DECEMBER, 2022 TO DEVELOPMENT OF THIS PROPERTY SURVEYOR'S NOTES OR FINANCE PURPOSES ONLY A FUTURE IUBONISION MAP F THIS M AP DOES NOT REMOVE ANY CONOITIONSOF APPROVAL OR LAND USE ENTITLEMENT OR PERMIT SHALL BE REWIRED FOR SEPARATE LAND USE ENTITLEMENTS OR PERMITS OR PRIOR TENTATNE MAPS APPROVED FOR THIS LAND BASIS OF BEARINGS ME DIAGRAM NCINItt MAP INDEX SHEET 0 CITY OF MOPENO VALLEY I-S MAPPING SHEETS .Ot� CPS CONTRA (CNPP) 1.`qy SF; fOOI (��( GPS CONRROL (PPBF) N 2258381997 (GRID) \ E 6149110959 (GRID) \ `�N 22A0907. D62 (GRID) 621Rfi10647 (GRID) ` \\ � �US4r52 Joe. ` yV \ \ yE ��/•p \\ \ \ ` FOUND POINT (11) \S Y \\ / / N 6200626 43592034860 (GRID) E 6292034 Bfi0 (GRID) _ / VOAU fNl Ewa +bEf, IQ N )IY)SSlA3F (ae) CONIRLL: SIN( N2 i :p'O1 N 4502 i0S1 62557I�1fi;b E fi256710069 (OIO9 GPS CONTROL TIES PERM B. 446142-49 N11 O CITY OF LAKE &SNORE PRO SITE VICINITY MAP NTS SHEET 3 OF 5 SHEET: TO HIGHWAY 94 k CITY OF HEMET TO Ott OF TEMECUTA SURVEYOR'S NOTES: (RI) INDICATES RECORD DATA PER TRACT MAP NO 32101, N B 446/42-49 OS INDICATES OPEN SPACE 0f INDICATES MONUMENT NUMBER AS DESCRIBED IN 11111ENT NOTES HEREON • INDICATES FOUND MONUMENT AS NOTED HEREON O INDICATES SET I" IP MTH •LS 9154' TAG. FLUSH AT ALL PARCEL CORNERS, ANGLE PANTS IN IDS OR REAR LOT LINES, AND ANGLE PONTS IN SUBDIM90N EOUNDARf WI4RE WALLS EXIST, SET NAIL AND TAG 'L S. 9154' ON TOP OF WALL N UEU OF 1" I P. SET HEAD AND TAG "L5 9154, IN TOP OF CURB (RIVTFSIDE COUNTY STANDARD -E') ON SIDE LOT LINES PROJECTSD SET HEAD AND TAG "L 5 9154-. IN TOP OF CURB (RIVERSIDE COUNTY STANDARD 'E') FOR B C z, EC s. P.GC s. P R C s, AND CORNER CUTBACKS PRDECTEB PERPENDICULAR OR RADIAL TRIM GENTERUNE, ALL MONUMENTS SHOWN AS -SET IN ACCORDANCE VFTH THE MONUMENT AGREEMENT FOR NS MAP ALL MONUMENTS ARE SET AND TAGGED PER ORDINANCE 461 21 TOTAL AREA = 5] 23 ACRES GROSS BASIS OF BEARINGS PER M.B. 446142-49: EASEMENT NOTES 1HE BASS OF BEARINGS FOR THIS SURVEY IS THE CAUFORNIA STALE PLANE QI gGA3ES M WSTMO EASLIRNI FOR PIP[ EIS 94 INCIDENTAL KWM M fMp Of )REBUT COLYRS CIS CMPW W cium1A, Kcw4 p ft-mv 12. IS.,, COORDINATE SYSTEM, CCSB3. COME6, BASED LOCALLY ON CO_" STATIONS M 11M. PACE vS OF fn0ft RECOMS. )SUCT TO AN ANLI007 TO Ma1I•M-Ml BY APO t<f�1 WWOM CMSOIPAA Wi c&,," , 91(aw BY MERGE.. 'P424" "WPP . MO -PPBF', NAD03 (NSRS 2007) AS SHOWN HEREON ALL aFW'AUK" COW}ES 47 COIPANY O CMPOIIMA AND THE LM-A COWYn, WFOOM k"T 12. IMI, M 1NSSIO,0110 'Sum fJ cFr*k p"'M HEMINOS SHOWN ON THIS MAP ME ARID. QUOTED BEARINGS AND DISTANCES © 0*cA16 U CY31M0 VSaIbE IQ PGI LU(S Ala MCOINiM 11/MYS M FA,p O SOYETSmI CwIKS W fOIAWI d CNfOEPII F(C1ifO CC1OO 2, 1958, IN FROM REFERENCE M OR DEEDS DI A5 SHORN PER THAT RECORD OT REFERENCE SOUL 334E ►IQ 3S3 Cr WFILW M'C(/•S SI LW X W-MaaK 1 M M41-p-WY Sr MO KIMM WJKHM WsFOMA 4S COMPANY. 11 mm BY MERGER ALL DISTANCES 6HONN ARE GROUND DISTANCES UNLESS GAOLND OTANCE B NN XU%Q11 CMAM 4S � M1l OF CAUNW" APO bt WU CpIANF. FENDW O FWMI IL IMT. M w11111AM041 NO :336M 0 O/04 ROOIOS CRIB DISTANCES S MAY DE OBTNNED 23 MCALCUL CALCULATIONS THE GROUND DISTANCE POINT BY A COMBINATION FACTOR OF OFEE 122] CALCULATIONS ARE OF: AT POINT NO 0 INDICATES 2. EXISTING AS EASEMENT FOR ELECTRIC LINES TELEPHONE LINES, CARIES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY. RECORDED " NORTHEAST CORNER OF SECTON l6 YATH COORDINATES OF: FEBRUARY 2, 1968, AS INSTRUMENT NO 10279, OF OFFICIAL RECORDS N 2200626 435 (GRID), E.6292034 B60 (LAID), USING AN ELEVATION OF 1441 62 /4 WSArM AN EXISTING EASOC11F FICA EITHER OR BOTH POLE ONES, COAw1140 UNDERGROUND rA ?EE MD INCDENTAL PURPOSES, IN FAVOR OF SW THERN CALIFORNIA (i0Y (CMPMY, RECOROIO UPFEWER 30, 1906, AS INSTRUMENT NO.. 111 ✓2413, OF OFFOAL KO MI. 5 CO"HANTS, CONDI RESTRICRO15 ARS EAIIMMI7 IN THE DOCUMENT 1KNODI W W0 j1 IB, 2015 IS NSPIUMDIT NO. 2011-OMfi64 OF OIgM RECO40S 1HE TERMS MD PRONSIONS CORNED IN THE OOOfM(NT OMID ASSGNUENI OF DIGMMIFS PAECS RECORDED AWPI!Y 19, 2024 AS MPMIENT NO IM-0018256 OF OFFICIAL RECORDS (NOT PLOTTABLE) �A INDICATES A PUBUC ACCESS AND PUBUC UTUTY PURPOSES EASEMENT, DEDICATED HEREON LLA_ ND_ 5221 PM. 2153ESCO ••� • I ��-'-�LJ_• L �LL • _I_LJ_ - 'A INST. N0. P IA.F. 146/-26� T. )2102 / 10.111 I•e1$1 PNO O ; ` 'c \ .lam•\ ��` �� `�'���� i i �...�/.- /" ; .,.� I -CC" IN? NO wortma � � I e LOT 201 �• \\• • G ,S / / x/ / (-• T.M. 32101 T.32102-1 • f\��9 / J�y�+ M.M. B. 475/10-21 \• i 1 pt, �•1�1'�, y'r F,+sBS5f,� RRO A O 64 ky 3 i F \� jx�l�Y I I I I-L�� PARCEL T f / N LOT 11, T M 32101 LOT 202 I ME 446/40' O 00 600 I I I I I I I I I I I 'TNT, 2983i M B. 363/55-73 / NOTE. IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA MONUMENT NOTES 9� SHEET 3 FOR ND :° P,EASEIMENT PARCEL MAP N O. 38627 NOTES, SURVEYOR'S NOTES. BA9S OF alyp AYlmMll¢AOP ,pill ...+tq,[•j. lyr f.RUln4 •ApLtpA Oi,(np`p,pf'A' AAp Ail Ot,F11fI11G1011tttwO,p1•Ir MgtM1VR O BEARINGS, CPS NAGRAM. AND VIONITY MAP TRACT NO U- M1KC-00 Kn' c CW T.OF*NVMM atA12121G,Lryw+oen+.r woemnwaw.Aen Qjw a •aa.lu, OIy1CA,A O.N(7 Z" pIt1OGL�Oo"A ,OCAT["$rctp tOWNv 7"H AW1f I, I11. K & A ENGINEERING, INC. DECEMBER, 2022 —1AMI-u-Ows..''Y+tA<4p.+DO Aop. 70[li `D—E`.' AVORDpi- +•.s... otxlNor+trlre wy aA.o,Avuoy 00-0M •GL-0—Ii,AMIDux v1Un1 Will-K-.1n 16-1-.—A—DOr-YH.11AAq m�llll� CURVE TABLE N. OELTA RADIUS IFNGTN Ct 51111• (I.94IF RIP 174.25' C2 (B2]']B" RIJ (1,11♦00' R11 (29227 RI) CJ (14'56'24•Al) (L5MOO RIP (39660'RI) C4 (19'S2']0' All (I,a5900' RI) (J]B ]B' RI) LS (]04•I]" Rll (1,9]600" RI) (162.16' IN) I I I I I I I I I IJ�• I; ;, �,�� 1 `� �` `v FMIW A010 nsut RDAD xm T.M. 32102 / Gitidt. o(c*vm ) M.B. OIAri/22-29 A*A�m tut 1'n'wwtA xv / T.M, 32102-1 \/ / // Q`y►, �/ w\ L \ it.t1T 195 a J I LOT 198 + - I� M.a 446/42 49 ' 202 I L— ___r.----- SHEET 4 OF 5 SHEETS 1••IjD O Itp 1; L.I.A. No. 5221 \ P.M. 21533 Qnmm-m-mi. INST. No. \PM.B 146/1 2008-L 127851 �.y7/.` •/•- O 1. 1 •i`A ,` � +a>s 'is°a MIDI a� � 1 PARCEL 7 5323 AC \ / SEE DETAIL ON SHEET 5 \ 6t, ;gam, LOT 201 I Y T M 32101 M.S. 445/42-49 = 1` I ; I t Ll I , 1 "Mir/ RIPI I I l l l l l l 1 1 1 (za6n4 R11 I I T M. 29837 "x "' 1- t --I—I— I— t t —) MB9'IB'4)�21T OATRI)�—I•^,AL\f M.P. 363/55-13 I I I - EXHIBIT "B" NO FEE DOCUMENT Government Code $6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MENIFEE 29714 Haun Road Menifee, California Attention: City Clerk 2015-0396585 09/03/2015 02:45 PM Fee: $ 0.00 Page 1 of 13 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 0 R A Exam: /.07' Page DA PCOR Misc Long RFD 1st Pg Add Pg Cert CC 1 SIZE NCOR SMF LNCH�jk r1 wcR(;. c,Ti LIEN AGREEMENT THIS LIEN AGREEMENT ("Lien Agreement") is made and entered into this 5th day of August, 2015, by and between the CITY OF MENIFEE, a California municipal corporation ("City") and DIAMOND BROTHERS FIVE PARTNERSHIP, LP, a California limited partnership ("Owner"). RECITALS A. Owner has submitted to the City for its approval, Tract No. 32101, a proposed development comprised of one hundred ninety-seven (197) single family residential homes, one (1) public park, and five (5) open space lots, located in the City of Menifee, County of Riverside, State of California (the "Project"). B. In connection with the Project, Owner has applied to City for approval of a Final Map pursuant to Government Code Section 66434 ("the Subdivision Code") for Final Parcel Map 32101 ("Final Map") for real property located within City, a legal description of which is attached hereto as Exhibit "A" ("Property"). C. The conditions of approval for the Tentative Tract Map for the Property require Owner to construct certain improvements that, upon completion, will be accepted by the City as public improvements ("Public Improvements"). A list of the Public Improvements and an estimate of the costs for the Public Improvements approved by the City Engineer is attached as Exhibit "B" and incorporated herein by this reference. D. Since Owner will not complete the Public Improvements prior to the approval by City of the Final Map, Owner is required to enter into an agreement with City for the completion of the Public Improvements and the provision of improvement security ("Subdivision Improvement Agreement"). E. California Government Code Section 66499 authorizes the City and Owner to enter into this Lien Agreement in satisfaction of the security obligations contained in the Subdivision Improvement Agreement. Diamond Bros - Lien Agreement 435753972 v3 F. City has found and determined that it would not be in the public interest to require the installation of the Public Improvements sooner than two years after recordation of the Final Map. G. Owner has provided a title insurance policy and current title report to the City from a title company approved by the City and issued within the 60 days prior to the execution of this Lien Agreement that documents that the Owner is the record owner of the Property and the Property is not subject to any mortgages, deeds of trust, or judgment liens. OPERATIVE PROVISIONS NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledged, the Parties hereto agree as follows: I. Owner Performance and Obligations A. Owner hereby grants to City, in accordance with the terms and conditions of this Lien Agreement, a lien upon the Property as security for the following obligations of Owner (collectively, the "Obligations"): (1) Construction of the Public Improvements specified in Exhibit "B" attached hereto; provided, however, that Owner's obligation hereunder shall extend to the actual cost of the construction of the Public Improvements, notwithstanding that such costs may exceed the estimate set forth in Exhibit "B"; and (2) Payment of the balance of the fees or provision of the improvements or services described in the Subdivision Code (collectively, "Fees"), in the amount required in accordance with the Subdivision Code, as determined appropriate by the Director of Public Works. This Lien secures the Obligations and the remedies provided herein for breach of the Obligations. B. For so long as title to the property remains subject to this Lien Agreement, Owner shall not: (1) commence work other than grading on any portion of the Public Improvements except as necessary to correct or prevent threats to the public health, safety or general welfare with the consent of the City or (2) sell or permit the sale of any lot shown on the Final Map. Notwithstanding the above, fee title to the entire property encumbered by this Lien Agreement or not less than 50 lots designated on the Final Map per transaction may be sold in the aggregate to a single purchaser, provided that the proposed purchaser, prior to assuming title to the property, executes a new lien agreement or provides such alternative security, as may be required by the City of Menifee and executes a new Subdivision Improvement Agreement with the City. Diamond Bros —Lien Agreement #35753972 v3 C. Prior to commencing the installation and/or construction of any portion of the Public Improvements required by the Subdivision Improvement Agreement, Owner shall deposit fees for inspection, tests and other related purposes, and shall substitute other forms of security satisfactory to City in place of this Lien Agreement. Grading of the Property shall not be considered construction of the Public Improvements for the purposes of this Lien Agreement and Owner is not required to substitute other forms of security in place of this Lien Agreement prior to commencing grading. E. Owner shall provide all substitute forms of security in the amounts and for the purposes set forth in the Subdivision Improvement Agreement, except that the amounts shall be calculated using the estimated cost of the Public Improvements at the time of substitution, as ascertained by City. F. Owner shall substitute acceptable security for this Lien Agreement and commence construction of the Public Improvements required by the Subdivision Improvement Agreement within three (3) years following the date of recordation of the Final Map. At its sole discretion, the City may grant up to three extensions of time for one year each. For each extension of time, Owner shall provide a title insurance policy and current title report from a title company approved by the City, and issued within 60 days prior to the request for an extension of time, that documents that Owner is the record owner of the real property to be divided as identified on the Final Map and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. G. Owner shall pay the Fees related to the work required by the Subdivision Improvement Agreement for which the Fees are required prior to issuance of any building permit or, if permitted by the City, prior to occupancy. H. Owner agrees that if suit is brought upon this Lien Agreement, all costs and reasonable expenses and fees incurred by the City in successfully enforcing Owner's obligations shall be paid by Owner, including attorneys' fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. I. Owner agrees to indemnify, and hold harmless, the City, its officers, employees and agents from any liability whatsoever based or asserted upon: (i) any act or omission of Owner, its employees and agents relating to or in any way connected with the accomplishment of work, obligations, or performance of service under this Lien Agreement; or (ii) the approval of this Lien Agreement. As part of the foregoing indemnity, Owner agrees to protect and defend, with counsel selected by City, at Owner's own expense, including attorneys' fees, the City, its officers, employees and agents in any legal action based upon such alleged acts or omissions. II. City's Performance and Obligations Diamond Bros — bier Agreement #35753972_v3 A. Following (1) City's approval of the substitute forms of security submitted by Owner, (2) deposit by Owner of fees for inspections, tests and other specific purposes and (3) Owner's payment or other performance of the obligations encompassed by the Subdivision Improvement Agreement, performance of which are secured by this Lien Agreement, City shall release the Property from the provisions of this Lien Agreement, and shall execute any necessary release to enable Owner or its transferee to clear the record of title of the Property so released of the lien herein imposed. B. In no instances shall this Lien Agreement compel the City to construct the required Public Improvements. III. Owner's Representations and Warranties Owner represents and warrants that no lots within the Property have been sold, no construction permits (including but not limited to grading permits and building permits) have been issued and are active for all or part of the Property, and no construction of any of the Public Improvements has commenced. IV. Effect of Lien Agreement A. From the date of recordation of this Lien Agreement, a lien shall attach to the Property which shall have the priority of a judgment lien in an amount necessary to discharge all obligations contained in the Subdivision Improvement Agreement and any Fees. Under no circumstances shall the City agree to subordinate the lien. B. Owner shall have the right to convey or sell fee title to the entire property, or a portion thereof, encumbered by this Lien Agreement, so long as the purchaser agrees in writing to accept and be bound by the terms and provisions of this Lien Agreement, the applicable Subdivision Improvement Agreement, and the Fees, or has provided alternative security acceptable to the City. Any new lien agreement entered into by a purchaser of the Property must provide for completion of the Public Improvements by the same date as is specified herein. C. This Lien Agreement shall expire upon release of the Property by the City, except that Owner's obligation to commence the Public Improvements within three (3) years from the date of recordation of this Lien Agreement (or such date as may have been extended in accordance with the Subdivision Code), as described in Section I (F) above, shall not expire but shall remain in full force and effect until satisfactory completion of the Public Improvements in full compliance with the Subdivision Improvement Agreement. D. Notwithstanding any provisions of the Subdivision Code to the contrary, so long as this Lien Agreement is utilized for security as described herein, the City is not obligated to accept offers of dedication for street or drainage purposes on the property. V. Events of Default Diamond Bros —Lien Agreement #35753972_v3 Upon the occurrence of any one of the following events, Owner shall be deemed in default hereunder: A. Filing of any proceedings or action by or against Owner to declare Owner bankrupt or to appoint a receiver or trustee for Owner or to make an assignment for the benefit of creditors or to do anything else of a similar nature or purpose under any state or federal bankruptcy or insolvency laws, if such proceedings or actions are not discharged within (60) days. B. Levy of any attachment or writ of execution against Owner and the Property whereby the Property is taken or occupied or attempted to be taken or occupied by someone other than Owner and such attachment or execution is not released within 60 days. C. Sale of any lot shown on the Final Map prior to release of the lien created by this Lien Agreement, except as provided in subparagraph IV (B). D. Request by Owner of issuance by the Department of Real Estate of the Final Subdivision Public Report for the Property. E. Breach by Owner of any other term or condition of this Lien Agreement or the Subdivision Improvement Agreement or Owner's failure to fully and faithfully discharge its obligations hereunder within the time specified in Section VI below. All References to Owner in this section shall be deemed to include Owner's successors, assignees, and transferees. VI. Citv's Remedies Upon the occurrence of any of the events described in Section V, above, City may declare a breach of this Lien Agreement by if Owner does not cure such violation within 90 days after Owner's receipt of written notice from the City (or, if not curable within 90 days, within such period of time as is reasonably necessary, but in no event more than 180 days, provided Developer diligently commences and pursues such cure and indemnifies the City for all related costs, of whatever kind) and City may exercise any one or more of the following remedies: A. Pursue any or all if the remedies provided in the Subdivision Improvement Agreement; B. Enforce this lien by appropriate action in court or as provided by law and in the event of enforcement is by action in court, the Owner agrees that the amount of said lien shall include reasonable attorneys' fees which shall be taxed as a cost in any suit for such enforcement; Diamond Bros — Lien Agreement #35753972 v3 C. Estimate the cost of the work required to complete the Public Improvements, and all fees, and foreclose said lien in said amount; D. Initiate proceedings for reversion of the Property within the land division to acreage, at the expense of the Owner, in accordance with the provisions of the Subdivision Map Act; E. Pursue any other remedy, legal or equitable, for the foreclosure of a lien. Owner, its heirs and assigns, shall pay reasonable attorneys' fees to be taxed as cost in said proceedings. VII. General Provisions A. Recordation. This Lien Agreement shall be recorded by City with the County Recorder immediately following execution of this Lien Agreement indexed by (1) all parties hereto, and (2) all parties having any record title interest in the subject real property, pursuant to Government Code Section 66436, acknowledge subordination of their interest of this Lien Agreement. B. Contingency. This Lien Agreement shall not take effect until it has been approved by the City Council of the City of Menifee. C. Entire Agreement. This Lien Agreement together with all exhibits and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject manner contained herein. All prior or contemporaneous agreements, understandings, representations, warranties, and statements, oral or written are superseded. D. Further Assurances. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Lien Agreement and the intentions of the parties. E. Governing Law. This Lien Agreement shall be governed, interpreted, construed, and enforced in accordance with laws of the State of California. F. Headings. The captions and section headings used in this Lien Agreement are inserted for convenience of reference only and are not intended to define, limit or effect construction or interpretation of any term or provision hereof. G. Modification, Waiver. No modification, waiver, amendment or discharge of this Lien Agreement shall be valid unless the same is in writing and signed by all parties. H. No Other Inducement. The making, execution and delivery of this Lien Agreement by the parties hereto have been induced by no representations, statements, warranties, or agreements other than those expressed herein. Diamond Bros — Lien Agreement #35753972 v3 I. Severability. If any term, provision, covenant, or condition of this Lien Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Lien Agreement shall not be effected thereby, and each term, provision, covenant, or condition of this Lien Agreement shall be valid and enforceable to the fullest extent permitted by law. CITY OF MENIFEE, a Municipal Corporation of the State oftalifornia By: r- I u%Vv I / N Name: o e%t A. Johnso Its: djt Manager ATTEST. 6�4vktl�� City Clerk APPROVED AS TO FORM i orney Diamond Bros — Lien Agreement #35753972 v3 DIAMOND BROTHERS FIVE PARTNERSHIP, LP a California limited partnership By: LL%� Name: G rf Chiao-Tunrang� Its: G e Partner EXHIBIT "A" PROPERTY LEGAL DESCRIPTION Diamond Bros — Lien Agreement #35753972 v3 LEGAL DESCRIPTION FOR TRACT NO.32101 ANNEXATION IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THAT PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID PORTION BEING DESCRIBED AS FOLLOWS: BEGNINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH 00°35'59" EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 36, A DISTANCE OF 845.10 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY (152.00 FEET IN FULL WIDTH), AS SET FORTH AS PARCEL 0785-002B IN THAT CERTAIN GRANT DEED TO COUNTY OF RIVERSIDE RECORDED APRIL 15, 2004 AS INSTRUMENT NO. 2004- 0274331, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT ALSO BEING ON A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1924.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 12-41,38" WEST; THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 17°56-19", AN ARC DISTANCE OF 602.44 FEET; THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 5°50'08" WEST, A DISTANCE OF 83.38 FEET TO A POINT ON THE CENTERLINE OF SAID DOMENIGONI PARKWAY, SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2000.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 29037'50" WEST; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 3°10'15", AN ARC DISTANCE OF 110.70 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 5050'08" EAST, A DISTANCE OF 76.59 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2250.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 0013'55", AN ARC DISTANCE OF 9.11 FEET TO A POINT ON SAID SOUTHEASTERLY RIGHT OF WAY LINE OF DOMENIGONI PARKWAY, SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1924.19 FEET, THE RADIAL LINE TO SAID POINT BEARS NORTH 33-57-30" WEST; Page 1 of 2 GA2013V3-0146\CFD\LEGALDESCCFD.doc Albert A. Webb Associates THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE AND ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 21 °39'59", AN ARC DISTANCE OF 727.63 FEET; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 34022'31" WEST, A DISTANCE OF 1632.83 FEET TO AN ANGLE POINT ON THE BOUNDARY LINE OF SAID PARCEL 0785-002B; THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 89018'47" EAST, A DISTANCE OF 2064.74 FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH 0°35'59" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 1318.18 FEET TO THE POINT OF BEGINNING. e3o4 L A tl D A��. "c. JpY A4 � N N icl ael E. ] nson, L.S. 7673 Date 0 a 1 � NO. 7673 Prepared By: Checked By:t �rF OF CAL�4ptL Page 2 of 2 GA2013113-0146TMLEGALDESCCFD.doc Albert A. Webb Associates EXHIBIT "B" PUBLIC IMPROVEMENTS & COSTS Storm Drain 549,329.00 Grading/Drainage 406, 808.16 Erosion Control 510,513.60 WQMP 169,920.00 Street/Drainage 6,389, 964.43 Flood Control 807,477.60 Domestic Water 760,399.20 Reclaimed Water 67,168.00 Sewer 1,160,436.96 Survey Monumentation 200,160.00 Total Diamond Bros --Lien Agreement #35753972 v3 11,012,176.95 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 t-o S "q<t-e S On _ JU lvl 2-2, 1or j before me, Lam Date / Here Inselt Name and Title of the Office) personally appeared i Gt 0 —TL4 NC-4 Prr & Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thge..personW' whose nameWp is area scribed to the within instrument and acknowledged to me tha SDeq' executed the same in hi authorized capacityjiesr and that b ignature(* on the instrument the person(a)-,-- or the entity upon behalf of which the person,*acted, executed the instrument. NYA LAM Commission # 2047502 a =m Notary Public - California i z z <�� , Los Angeles County My Comm. Expires Oct 31, 2017 t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my In nd official seal. Signa gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name- Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — - Limited '--'General Individual _'Attorney in Fact Trustee _ Guardian or Conservator Other: Signer Is Representing: XX ��xn re�c�zacc� R:c^�r cxx^��c^e c cY. c^�tAccs �t c�c c cc� 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 _ }2.'wpr_ 'A ) On ✓a .q 6 , aQ lbefore me, Rik*n , no�-cu !,A Date Here Insert Name and Title of the Officer personally appeared i�*±�P ^� a . -C��n sue^ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/stye/they executed the same in his/W/thiair authorized capacity(iW, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person* acted, executed the instrument. P-e-o JENNIAlR ALLIE N Commission # 1984645 Z Ztr,'a Notary Public -California n z '° ' Riverside County ' My Comm. Expires Jul 9 2016 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 ` Signature of Notary Public Place Notary Seal Above OPTI ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ /_, � o Id 1 Document Date: Number of Pages: Signer(s) O?her Than Named Above: __ Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited .:I General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s) Partner — - Limited - General -= Individual Attorney in Fact Trustee =_ Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 C Ty Op MENIFEE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 24-1401 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 215' Day of February 2024 by the following vote: Ayes: Deines, Estrada, Karwin, Sobek, Zimmerman Noes: None Absent: None Abstain: None h Manwaffng,'City Clerk