2 4885-4550-6575v3/200299-0009
practicable. The Developer shall be responsible to pay all costs and expenses incurred by the City or any City consultant or advisor prior to the date on which the City’s consultants are notified of the Developer’s notice of abandonment. Notwithstanding a decision of the Developer to abandon the formation of the District or the issuance of bonds, the City may, in its sole discretion, elect to proceed with formation of the District and/or the issuance of bonds with funds other than those of the Developer; provided, however, that, in executing this Agreement, the Developer or owner of the Property shall not be deemed to have waived their right to object to the formation of the District or the issuance of bonds.
(c) The City will provide to the Developer on request a summary of how the advances have been spent and the unexpended balance remaining. With the exception of $5,000, which is nonrefundable, amounts advanced by the Developer will be reimbursable to the Developer, without interest, from the proceeds of bonds issued by the District when and if the District is formed.
In the event that bonds are not issued to provide a source of reimbursement to the Developer, the City shall have no liability to the Developer to reimburse them for any of amounts previously advanced by the Developer and expended by the City in accordance with this Agreement.
3. Reimbursement Procedure. The City shall return any funds which have been advanced by the Developer which are not expended on the purposes set forth in Section 2 above.
Such returned funds shall be without interest.
4. Abandonment of CFD Formation Process. The Developer understands that any formation of the District shall be in the sole discretion of the City. No provision of this Agreement shall be construed as a promise, warranty or agreement by the City to form the District, to annex the Property to any other district or improvement area of the City or to issue any bonds. The City shall have no liability to Developer for its decision not to form the District or issue bonds.
5. Indemnification and Hold Harmless. The Developer hereby assumes the defense of, and indemnifies and saves harmless, jointly and severally, the City and each of its officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or arising out of any acts or omissions taken by the Developer or any of the Developer’s officers, employees, contractors and agents with respect to the formation of the District.
6. Notices. Any notice to be provided pursuant to this Agreement shall be delivered to the following addresses:
Developer Lennar Homes of California, LLC
980 Montecito Dr., Suite 300
Corona, CA 92879
Attention: Geoffrey Smith
Telephone: (951) 817-3517
City: City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Assistant City Manager
Telephone: (951) 672-6777
Email: [email protected]
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 33
Menifee Mayor and City Council April 6, 2022
3 4885-4550-6575v3/200299-0009
With a copy to: Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
Attention: Brian Forbath, Esq.
Telephone: (949) 725-4193
Email: [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
7. Assignment. The Developer may assign its interest in this Agreement at any time provided, however, that the Developer shall provide written evidence of any assignment to the City.
8. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent permitted by law.
9. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein.
10. Amendments. This Agreement may be amended or modified only by written instrument signed by all parties.
11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
13. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
14. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
15. Termination. This Agreement shall terminate and be of no further force and effect on December 31, 2027 unless expressly amended by the parties; provided, however, that the Developer’s obligations under Section 5 shall survive the termination and the City’s obligation to provide reimbursement in accordance with Section 3 for expenses incurred prior to the termination date shall also survive termination.
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 34
Menifee Mayor and City Council April 6, 2022
S-1
4885-4550-6575v3/200299-0009
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.
CITY OF MENIFEE, a political subdivision of the
State of California
By:
City Manager
ATTEST:
By:
City Clerk
LENNAR HOMES OF CALIFORNIA, LLC, a
California limited liability company
By:
By:
Its:
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Jeffrey T. Melching, City Attorney
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 35
Menifee Mayor and City Council April 6, 2022
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EXHIBIT A
DESCRIPTION OF PROPERTY
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 36
Menifee Mayor and City Council April 6, 2022
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Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 37
Menifee Mayor and City Council April 6, 2022
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4885-4550-6575v3/200299-0009
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 38
Menifee Mayor and City Council April 6, 2022
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Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 39
Menifee Mayor and City Council April 6, 2022
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Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 40
Menifee Mayor and City Council April 6, 2022
1 4866-6426-9327v3/200299-0009
PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE
REQUESTING INSTITUTION OF PROCEEDINGS FOR
ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT
(COMMUNITY FACILITIES DISTRICT NO. 2022-1 (QUARTZ
RANCH) OF THE CITY OF MENIFEE)
1. The undersigned (together, the “Owner”) is the owner of more than 10% of the land depicted in Exhibit A hereto and described in Exhibit B hereto (the “Property”), which land is expected to be developed by Lennar Homes of California, LLC (the “Developer”) and consists of all of the land to be included within the boundaries of a community facilities district hereby proposed to be established. The Property is located within the City of Menifee (the “City”) in the County of Riverside.
2. The Owner requests that the City Council of the City (the “City Council”) institute proceedings to establish a community facilities district to be known as “Community Facilities District No. 2022-1 (Quartz Ranch) of the City of Menifee” (referred to herein as the “District”) pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the State of California, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the “Act”) to include all of the Property.
3. The boundaries of the territory which is proposed for inclusion in the District are those depicted in Exhibit A hereto and described in Exhibit B hereto.
4. The Owner requests that the proposed District be used to finance the construction, purchase, modification, expansion and/or improvement of (i) drainage, library, park, roadway, traffic, administration and general government facilities, animal shelter facilities, fire and safety, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Act (the “City Facilities”); (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Eastern Municipal Water District which are included in Eastern Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”); and (iii) interim and permanent school facilities of Menifee Union School District and Perris Union High School District, including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities” and together, with the City Facilities and the Water Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 41
Menifee Mayor and City Council April 6, 2022
2 4866-6426-9327v3/200299-0009
c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.
5. The Owner further requests that the City Council authorize the levy of special taxes in the District to pay the costs of the Facilities and the incidental costs described in paragraph 4 above (the “Special Tax”) and to pay principal of, interest and premium, if any, on the bonds in order to contribute to the financing of the Facilities and costs described in paragraph 4 above.
6. The Owner further requests that, upon the sale of bonds, the City Council, as legislative body of the District, annually levy Special Taxes on the property within the District for the construction, purchase, modification, expansion and/or improvement of the Facilities, for the payment of the aggregate amount of principal of and interest owing on the bonds in each fiscal year, including the maintenance of reserves therefor, and for the payment of administrative expenses of the District.
7. The Developer has advanced to the City the amounts necessary to pay for the costs related to the formation of the District, which amounts will be reimbursed to Developer, without interest, from the proceeds of the first sale of the bonds, if any. The reimbursement of such amounts is expected to be governed by the terms of that certain Reimbursement Agreement to be entered into by and between the City and the Developer relating to the District. If bonds are not sold, the City will have no obligation to reimburse amounts expended for costs incurred, but will reimburse any unexpended amounts advanced by the Developer as set forth in the Reimbursement Agreement.
Dated: March __, 2022
LENNAR HOMES OF CALIFORNIA, LLC, a
California limited liability company
By:
By:
Its:
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 42
Menifee Mayor and City Council April 6, 2022
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EXHIBIT A
BOUNDARY MAP
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 43
Menifee Mayor and City Council April 6, 2022
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4866-6426-9327v3/200299-0009
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 44
Menifee Mayor and City Council April 6, 2022
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4866-6426-9327v3/200299-0009
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 45
Menifee Mayor and City Council April 6, 2022
A-4
4866-6426-9327v3/200299-0009
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 46
Menifee Mayor and City Council April 6, 2022
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4866-6426-9327v3/200299-0009
EXHIBIT B
LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
Assessor Parcel Nos. (as set forth in the County of Riverside Assessor’s Fiscal Year 2021-22 Roll):
As shown on Boundary Map in Exhibit A to this Petition.
Item Title: 10.4
Formation of Community Facilities District No. 2022-1, Quartz Ranch – Resolution of Intention Item Page Number: 47
Menifee Mayor and City Council April 6, 2022
CITY OF MENIFEE
SUBJECT: Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention
MEETING DATE: April 6, 2022
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the Petition of RCFC Investments, LLC, Tentative Tract Map No. 31456 located west of Valley Boulevard, south of McCall Boulevard and north of Ridgemoor Boulevard to annex into Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1” or “CFD”) as Annexation Area No. 7; and
2. Adopt a Resolution of Intention to add Annexation Area No. 7 into CFD No. 2017-1, to authorize the levy of special tax therein to finance certain maintenance services, and to set a public hearing for May 18, 2022.
DISCUSSION
On December 6, 2017, the City Council adopted Resolution No. 17-658, establishing CFD No. 2017-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”).
CFD No. 2017-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.
RCFC Investments, LLC (“Owner”) is the Owner of Enclave, Tentative Tract Map No. 31456 (“TTM 31456”), which consists of approximately 160.57 gross acres of vacant residential property.
The property is located west of Valley Boulevard, south of McCall Boulevard and north of Ridgemoor Boulevard, as shown in the attached Project Location Map.
The Owner has requested that the City assist it in annexing TTM 31456 into CFD 2017-1 to cover the costs associated with the maintenance of public improvements. The area proposed for annexation will be designated “Annexation No. 7,” and would include property within TTM 31456, covering 176 detached single-family residential units. Per the Owners request, the City would Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 1
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
CFD 2017-1 Annexation No. 7 - Enclave
April 6, 2022
9 3
3 establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation Area No. 7 to pay for those services.
Annexation Area No. 7 would have a maximum annual tax of $996 per residential unit and would be included in CFD No. 2017-1 as “Tax Zone 7.” The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. There are no maintenance services proposed to be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1.
The Owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a “Consent and Waiver” form on file in the City Clerk’s Office which authorizes the City to (1) hold the election and declare election results (2) shorten election time requirements, (3) waive analysis and arguments, and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
The next step to annex TTM 31456 into CFD 2017-1 is to publish a notification of the proposed annexation along with the Resolution of Intention and Boundary Maps of the proposed Annexation area. A public hearing on the matter would take place on May 18, 2022, and at that time the City Council will formally consider approval of the Annexation No. 7.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. It is estimated, upon full completion of the tract development that there would be an annual collection of special tax revenues of approximately $175,324 to be used to pay for maintenance costs.
On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, would be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 2
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
CFD 2017-1 Annexation No. 7 - Enclave
April 6, 2022
9 3
3 ATTACHMENTS
1. Project Location Map
2. Resolution of Intention and Exhibits
3. CFD Maintenance Site Plan Exhibit
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 3
Menifee Mayor and City Council April 6, 2022
ATTACHMENT #1
PROJECT LOCATION MAP
CFD NO. 2017-1 (MAINTENANCE SERVICES) - ANNEXATION NO. 7
Item Title: 10.5 Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 4
Menifee Mayor and City Council April 6, 2022 Page 164 of 801
1 RESOLUTION NO. 22-___
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 201 7-1
(MAINTENANCE SERVICES) OF THE CITY OF MENIFEE,
ADOPTING A MAP OF THE AREA PROPOSED TO BE
ANNEXED (ANNEXATION NO. 7) AND AUTHORIZING THE
LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on November 1, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17-6 54 establishing Community Facilities District No. (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein, which taxes would be used to provide certain services necessary to meet increased demands placed upon the City by development; and
WHEREAS, the City Council has receiv ed a written instrument to initiate and conduct proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to consent to the shortening of election time requirements, waiving of analysis and arguments, and waiving of all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit A be annexed territory into the boundaries of CFD No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein be established.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Intent to Annex. The City Council, acting as the legislative body of the CFD No. 2017-1 hereby declares that it proposes and intends to c onduct proceedings pursuant to Article 3.5 of the Act for the annexation into the CFD No. 2017-1 of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to CFD No. 2017-1.
Section 2. Name of the Community Facilities District. The existing community fac ilities district is known as “Community Facilities District No. 2017-1 (Maintenance Services).” Section 3. Description of Territory Included in Existing CFD No. 2017-1. The boundaries of the territory currently included in the CFD No. 2017-1 are described and shown on that certain map entitled "Proposed Boundary Map – Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee, County of Riverside, State of California", as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Dis tricts, at
Riverside, as amended by the following:
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 5
Menifee Mayor and City Council April 6, 2022
2 Section 4. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017-1 and is more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on November 1, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 69, and as Document No. 2017-0 465706 in the official recor ds of the County o f Riverside. The territory proposed to be annexed to the CFD No. 2017-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 7 , Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.
Section 5. Description of Authorized Services. The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017-1 (the “Services”) are the same as those services authorized to be financed by the existing territory in the CFD No. 2017-1 and are described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory.
Section 6. Plan for Providing Services. The Services will be provided within the territory proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1 on the same basis.
Section 7. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1 , will be levied annually within the territory proposed to be annexed to the CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 8. No Alteration of the Special Tax Levied in the Existing CFD No. 2017-1. The City Council does not propose to alter the special tax rate levied within the existing territory in the CFD No. 2017-1.
Section 9. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2017-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his or her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, May 18, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council wil l conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 6
Menifee Mayor and City Council April 6, 2022
3 Section 11. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.
Section 12. Mailing Ballots. In anticipation of its action on Wednesday, May 18, 2022, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
Section 13. Authorization to Take Action. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption.
P
ASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 6th day of April, 2022.
A
TTEST: APPROVED:
Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor A
PPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 7
Menifee Mayor and City Council April 6, 2022
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No . 2017-1 (Maintenance Services) (the “CFD No. 2017-1”) Annexation No. 7 is currently comprised of 10 parcels, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Numbers (APN).
Assessor Parcel Number(s)
Owner
Name
339-020-004 RCFC Investments, LLC
339-020-005 RCFC Investments, LLC
339-020-006 RCFC Investments, LLC
339-020-007 RCFC Investments, LLC
339-020-008 RCFC Investments, LLC
339-020-042 RCFC Investments, LLC
339-020-043 RCFC Investments, LLC
339-020-041 RCFC Investments, LLC
339-020-040 RCFC Investments, LLC
339-030-022 RCFC Investments, LLC
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 8
Menifee Mayor and City Council April 6, 2022
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 9
Menifee Mayor and City Council April 6, 2022
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
Th
e services which may be funded with proceeds of the special tax of CFD No. 2017-1 , as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right -of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b
) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) pu
blic street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1 ; and any portions adjacent to the properties within CFD No. 2017-1; and In
addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by p roceeds of the special tax of CFD No. 2017 -1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017 -1 before the territory was annexed, as applicable.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 10
Menifee Mayor and City Council April 6, 2022
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 11
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017‐1 (Maintenance Services) (the “CFD No. 2017‐1” or “CFD”; defined below), in each
Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2017‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual
or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2017‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017‐1, or any designee thereof associated with fulfilling the CFD No. 2017‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017‐1 and third party expenses related to CFD No. 2017‐1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2017‐1 for any other administrative purposes of CFD No. 2017‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of
Menifee, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit
on or prior to the June 1 preceding the Fiscal year in
which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an
official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 12
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 2 construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Non‐Residential Property after issuance of a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2017‐1” means the City of Menifee Community Facilities District No. 2017‐1 (Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation,
those services authorized to be funded by CFD No. 2017‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being
levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June
30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in
such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 13
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 3 “Multi‐Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building
permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by
one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any Residential Property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable
Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay
for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 14
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 4 “Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017‐1, which are not Exempt Property.
“Taxable Unit” means a Residential
Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii)
identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐ Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 15
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 5 Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 2 below:
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 16
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 6 TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299‐1
& PM 9504 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 17
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 7 (i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐ 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 5 below:
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 18
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 8 TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐ 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299‐1
& PM 9504 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018‐19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A
shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 19
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 9 Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017‐1 from time to time. As each
annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017‐1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 20
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 10 H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2017‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 21
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 11 APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017‐1 Tax Zone 7.
TAX ZONE 7 (SERVICES)
TTM 31456
Item Description Estimated Cost
1 Landscaping $45,315
2 Lighting $19,763
3 Streets $34,883
4 Drainage $22,611
5 Parks $33,412
6 Trails $1,000
7 Graffiti $503
8 Reserves $9,828
9 Administration $8,009
Total $175,324
Special Tax B Contingent Services ‐ The estimate breaks down the costs of providing one year's contingent maintenance services for Fiscal Year 2022‐23. There are no maintenance services proposed to be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017‐1 Tax Zone 7.
TAX ZONE 7
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed RU $996 $0
Approved RU $996 $0
Undeveloped Acre $4,255 $0
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 22
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 12 MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018‐19 36299‐1 &
PM 9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC
27.68 NR Acre $1,714 $0 Several
2 2020‐21 TR 37576 65 SFR RU $539 $43 Meritage Homes 3 2020‐21 TR 28859 161 SFR RU $727 $0 Woodside O5S 4 2020‐21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of California, Inc.
5 2020‐21 TTM 36852 68 SFR RU $755 $151 Strata Holland, LLC 6 2021‐22 TTM 37668 175 SFR RU $765 $295 Meritage Homes of California, Inc.
7 2022‐23 TTM 31456 176 SFR RU $996 $0 RCFC Investments, LLC 8 2021‐22 TR 32102 &
TR 32102‐1 256 SFR RU $674 $0
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
9 2021‐22 TTM 37400 174 SFR RU $703 $0 D.R. Horton Los Angeles Holding Company, Inc.
10 2022‐23 TPM 37380 3.62 NR Acre $3,765 $1,652 Briggs & 74, LLC 11 To Be Determined
12 2022‐23 TR 37408 &
TR 37409 1,022 SFR RU $963 $5 BLC Fleming LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever
is greater.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 23
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 13 APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017‐1; as well as local roads within residential subdivisions located within CFD No. 2017‐1; and any portions adjacent to the properties within CFD
No. 2017‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by proceeds of
the special tax of CFD No. 2017‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017‐1 before CFD No. 2017‐1 was created or those provided in the territory annexed to CFD No. 2017‐1 before the territory was annexed, as applicable.
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 24
Menifee Mayor and City Council April 6, 2022
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services) 14 APPENDIX C
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 25
Menifee Mayor and City Council April 6, 2022
EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 26
Menifee Mayor and City Council April 6, 2022
Item Title: 10.5 Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 27
Menifee Mayor and City Council April 6, 2022 Page 187 of 801
Item Title: 10.5 Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 28
Menifee Mayor and City Council April 6, 2022 Page 188 of 801
EXHIBIT E
PETITION
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 29
Menifee Mayor and City Council April 6, 2022
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 30
Menifee Mayor and City Council April 6, 2022
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 31
Menifee Mayor and City Council April 6, 2022
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of Riverside, State of California, described as follows:
TENTATIVE TRACT NO. 31456, BEING A SUBDIVISION OF THE FOLLOWING:
PARCEL A:
PARCEL A OF LOT LINE ADJUSTMENT NO. LLA 13-001 RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013-0233601 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION NORTH 89°06’50" EAST 922.38 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 29°31’37" EAST 753.55 FEET; THENCE SOUTH 00°26'49” WEST 292.86 FEET;
THENCE SOUTH 50°07’01" EAST 908.53 FEET;
THENCE SOUTH, 89°32'45" EAST 600.00 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1, AS SHOWN BY PARCEL MAP ON TILE IN BOOK 215, PAGES 97 TO 99 INCLUSIVE OF PARCEL MAPS, COUNTY OF RIVERSIDE RECORDS, SAID POINT LYING 230.00 FEET SOUTH OF
THE SOUTHERLY RIGHT-OF—WAY OF VERONICA LANE, DEDICATED TO PUBLIC USE BY INSTRUMENT NUMBER 2004-0512897, RECORDED JULY 1, 2004, COUNTY OF RIVERSIDE, OFFICIAL RECORDS;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOUTH 00°20'03” WEST 1102.08 FEET TO THE CENTER OF SAID SECTION;
THENCE WESTERLY ALONG THE CENTER LINE OF SAID SECTION, SOUTH 89°53’53” WEST 2607.83 FEET TO THE WEST QUARTER CORNER OF SAID SECTION;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID SECTION LINE, NORTH 00°33’41" EAST 2628.41 FEET TO THE POINT OF BEGINNING;
EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
WEST ½ OF SOUTH ½ OF NORTH TWO-FIFTHS OF SOUTH ½ OF SOUTHWEST ¼ OF SOUTH ¼ OF EAST ½ OF WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND, AND
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 32
Menifee Mayor and City Council April 6, 2022
LEGAL DESCRIPTION
THE EAST ½ OF THE NORTH ½ OF THE SOUTH TWO-FIFTHS OF THE SOUTH ½ OF THE NORTHEAST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, AND
THE EAST ½ OF THE WEST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND, AND
THE WEST ½ OF THE SOUTH ONE-FIFTH OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE SOUTH ½ OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICAL PLAT
OF SAID LAND, AND
THE EAST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF THE NORTHWEST ¼, SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, AND
A THE EAST ½ OF THE SOUTH ONE-THIRD OF THE NORTH THREE-FIFTHS OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE NORTH ½ OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASS AND MERIDIAN,
ACCORDING
TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A1:
WEST ½ OF SOUTH ½ OF NORTH TWO-FIFTHS OF SOUTH ½ OF SOUTHWEST ¼ OF SOUTH ¼ OF EAST ½ OF WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A2:
THE EAST ½ OF THE NORTH ½ OF THE SOUTH TWO-FIFTHS OF THE SOUTH ½ OF THE NORTHEAST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A3:
THE EAST ½ OF THE WEST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL A4:
THE SOUTH ONE-FIFTH OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 33
Menifee Mayor and City Council April 6, 2022
LEGAL DESCRIPTION
WEST, SBBM.
PARCEL A5:
THE EAST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF THE NORTHWEST ¼, SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL B:
PARCEL B OF LOT LINE ADJUSTMENT NO. LLA 13-001 RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013-0233601 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 89°06'50" EAST 922.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 89°06'50" EAST 1675.54 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION;
THENCE SOUTHERLY SOUTH 00°20‘003"WEST 1561.79 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 215, PAGES 97 TO 99 INCLUSIVE OF PARCEL MAPS, COUNTY OF RIVERSIDE RECORDS, SAID POINT LYING 230.00
FEET SOUTH OF THE SOUTHERLY RIGHT-OF-WAY OF VERONICA LANE, DEDICATED TO PUBLIC USE BY INSTRUMENT NUMBER 2004-0512897, RECORDED JULY 1, 2004, COUNTY OF RIVERSIDE, OFFICIAL RECORDS;
THENCE NORTH 89°32’45" WEST 600.00 FEET
THENCE NORTH 50°07'01” WEST 908.53 FEET;
THENCE 00°26'49" EAST 292.86 FEET:
THENCE NORTH 29°31’37" WEST 753.55 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL C:
PARCEL 2 AND LETTERED LOT "A" OF PARCEL MAP 31672, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 215, PAGES 97 THROUGH 99, INCLUSIVE OF PARCEL MAPS, INSTRUMENT NO. 2006-0080518 AND RECORDED FEBRUARY 1, 2006 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT 52 PERCENT OF THE OIL AND MINERAL RIGHTS, IN, ON AND UNDER SAID LAND
WITHOUT ANY RIGHT TO INGRESS AND EGRESS OR TO ENTER UPON THE SURFACE OF SAID Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 34
Menifee Mayor and City Council April 6, 2022
LEGAL DESCRIPTION
LAND FOR THE PURPOSES OF TAKING OR MINING ANY OF SUCH RESERVED OIL OR MINERALS AS RESERVED IN THE DEED FROM GEORGE D. NEWPORT AND DOROTHEA K. NEWPORT, HUSBAND AND WIFE, RECORDED NOVEMBER 29, 1957 IN BOOK 2185, PAGE 189 OF OFFICIAL RECORDS.
APN: 339-020-002-9 and 339-020-003-0 and 339-020-004-1 and 339-020-005-2 and 339-020- 006-3 and 339-020-007-4 and 339-020-008-5 and 339-030-002-0 Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 35
Menifee Mayor and City Council April 6, 2022
Item Title: 10.5 Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 36
Menifee Mayor and City Council April 6, 2022 Page 196 of 801
EXHIBIT F
NOTICE OF PUBLIC HEARING
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 37
Menifee Mayor and City Council April 6, 2022
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 7)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on April 6, 2022 adopted its Resolution No. 2022-__, in which it declared its intention to annex territory to existing Community Facilities District No. 2017-1 (Maintenance Services) (the "CFD No. 2017-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, Wednesday, May 18, 2022 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2017- 1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the May 18, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Br own Act or an Executive Or der of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made available upon request to the Menifee City Clerk's office at 951-723-3471.
DATED: ____________, 2022 _________________________________________ City Clerk of the City of Menifee
PUB: ____________, 2022
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 38
Menifee Mayor and City Council April 6, 2022
EXHIBIT G
BALLOT
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 39
Menifee Mayor and City Council April 6, 2022
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 7
(May 18, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:
Name of Landowne
r Number of Acres Owned Total Votes
RCFC Investments, LLC 160.57 161
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels.
This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May 4, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on May 18, 2022, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on May 18, 2022.
Very truly yours,
Sarah Manwaring
City Clerk
City of Menifee
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 40
Menifee Mayor and City Council April 6, 2022
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
RCFC Investments, LLC
Attn: Gordon Youde
26071 Merit Circle, Suite 101
Laguna Hills, CA 92653
339-020-004, 339-020-005, 339-020-006,
339-020-007, 339-020-008, 339-020-040,
339-020-041, 339-020-042, 339-020-043,
339-030, 022
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on April 6, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 7 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.
RCFC Investments, LLC
Gordon Youde
Manager
Signature
Print Name
Item Title: 10.5
Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 41
Menifee Mayor and City Council April 6, 2022
Item Title: 10.5 Community Facilities District 2017-1, Annexation No. 7, Enclave – Resolution of Intention Item Page Number: 42
Menifee Mayor and City Council April 6, 2022 Page 202 of 801
CITY OF MENIFEE
SUBJECT: Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton
MEETING DATE: April 6, 2022
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute two Cooperative Agreements with Riverside County Flood Control, the Water Conservation District, and D.R. Horton Los Angeles Holding Company, Inc. for the construction, ownership, operation and maintenance of the Romoland Master Drainage Plan (MDP) Lines A-9 and A-10 Stage 1, and MDP Line A-8 Stage 2 Storm Drains located west of Barnett Road and south of McLaughlin Road.
DISCUSSION
D.R. Horton Los Angeles Holding Company, Inc. (D.R.Horton), is the developer of Sagewood Tract 37400, a residential housing tract of 174 lots located west of Barnett Road and south of McLaughlin Road. As part of the development’s requirements, D.R.Horton is constructing certain flood control facilities to provide flood protection and drainage for the development. The flood control facilities are identified as the Riverside County Flood Control and Water Conservation District (Flood Control District). Romoland MDP Line A-9 Stage 1, Line A-10 Stage 1, and Line A-8 Stage 2 respectively, and are listed below:
Romoland MDP Line A-9, Stage 1 is comprised of approximately 1,906 lineal feet of underground storm drain system. At its downstream terminus, Line A-9 will connect to Line A.
Romoland MDP Line A-10, Stage 1 is comprised of approximately 1,130 lineal feet of underground storm drain system. At its downstream terminus, Line A-10 will connect to Line A-8.
Romoland MDP Line A-8, Stage 2 is comprised of approximately 1,300 lineal feet of underground storm drain system. At its downstream terminus, Line A-8 will connect to Line A.
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 1
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
Cooperating Agreement
April 6, 2022
9 2
5 The described facilities will be owned and operated by the Flood Control District as District Drainage Facilities. The City would be responsible for the appurtenances associated with the facilities including catch basins, connector pipes, and storm drain lines that are 36 inches or less in diameter.
The Flood Control District Drainage Facilities and City Facilities are together called the “Project” in the attached cooperative agreements. The agreements memorialize the roles and responsibilities of each party in the construction, inspection, ownership, operation and maintenance of the District and City Facilities. The agreements were reviewed and approved by both the City Attorney and the Riverside County Counsel. Following City Council action, these items would be presented to the Riverside County Board of Supervisors. Upon approval of both bodies, the agreement would be executed.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no impact to the City General Fund. The developer was responsible for all costs that were incurred in constructing the Project. Upon acceptance of the Project, the Flood Control District will be responsible for the operation and maintenance of the District Drainage Facilities, and the City would be responsible for City Facilities.
ATTACHMENTS
1. Project Map
2. Cooperative Agreement Line A-9
3. Cooperative Agreement Lines A-10 and A-8
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 2
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6 Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 3
Menifee Mayor and City Council April 6, 2022 Page 205 of 801
Item Title: 10.6 Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 4
Menifee Mayor and City Council April 6, 2022 Page 206 of 801
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 5
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 6
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 7
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 8
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 9
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 10
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 11
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 12
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 13
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 14
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 15
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 16
Menifee Mayor and City Council April 6, 2022
Item Title: 10.6
Romoland Master Drainage Plan Agreements for Sagewood by D.R. Horton Item Page Number: 17
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CITY OF MENIFEE
SUBJECT: Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge
Development
MEETING DATE: April 6, 2022
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Assignment Assumption Agreements with Riverside County Flood Control District and Water Conservation District, Van Deale Investment Properties, LLC, and Pulte Home Company, LLC for the reassignment of the construction, inspection, ownership, operation, and maintenance of various drainage facilities associated with the development of Cimarron Ridge, located east of Goetz Road and south of McLaughlin Road, to Pulte Home Company, LLC.
DISCUSSION
On February 17, 2021 the City Council approved various cooperative agreements between the Riverside County Flood Control District and Water Conservation District (Flood Control District), the City of Menifee (City), and Van Deale Investment Properties, LLC for the construction, inspection, ownership, operation, and maintenance of various drainage facilities associated with the Cimarron Ridge development project located east of Goetz Road and south of McLaughlin Road.
The Cimarron Ridge development project is a proposed subdivision of 740 acres of land into 756 single-family residential lots. The project will be developed in seven tract map phases, with each phase consisting of building backbone improvements for streets, sewer, water, and drainage facilities. The drainage facilities to be constructed included as part of the development consist of local and regional drainage facilities that would address the post development flows created by the development. Once constructed, the drainage facilities would be owned and operated by the Flood Control District while related appurtenances and auxiliary facilities generally smaller than 36 inches in diameter would be maintained by the City.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 1
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
Cimarron Ridge Assignment Assumption Agreement
April 6, 2022
9 1
7 On July 9, 2021 Pulte Home Company, LLC. acquired the project property. This acquisition requires reassignment of the rights and obligations previously held by Van Deale Investment Properties, LLC. for drainage facilities, to Pulte Home Company, LLC.
In order to memorialize the reassignment of rights and obligations to Pulte Home Company, LLC, five Assignment Assumption Agreements between Flood Control District, City, Van Deale Investment Properties, LLC, and Pulte Home Company, LLC must be entered into for the various drainage facilities associated with the Cimarron Ridge development project.
A summary of the agreements identifying the drainage facilities covered by each Assignment Assumption Agreement are detailed in Table 1. Locations of said drainage facilities are included in the attached Location Map.
Table 1- Assignment Assumption Agreement Summary
Cooperative
Agreement
Project No.
Agreement Title Tract Map Phase
4-0-00308 Sun City- Cedar Court Storm Drain, Stages 2 and 3 Tract 36658-1 and Tract 36658-2
4-0-00444 Sun City- Mica Court Storm Drain, Stage 1 Tract 36658-6 and Tract 36658
4-0-00443
4-0-00436
4-0-00445
4-0-00446
Romoland MDP Line A-14, Stage 1
Romoland MDP Line A-14a, Stage 1
Romoland- Ethanac Road Storm Drain, Stage 1
Romoland-Byers Road Storm Drain, Stage 1
Tract 36658-5 and
Tract 36658-6
4-0-00304 Sun City- Hillman Street Storm Drain, Stage 3 Tract 36658-1 and Tract 36658-2
4-0-00309
4-0-00191
4-0-00192
Sun City- Skyward Trail Storm Drain, Stage 2 and 3
Sun City- Skyward Trail Storm Drain Northern Lateral, Stage 1 Sun City- Skyward Trail Storm Drain Southern Lateral. Stage 1 Tract 36658-3 and
Tract 36658-4
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The developer is responsible for constructing all the drainage facilities that are referenced in the agreements. Upon completion and acceptance of the improvements, Flood Control District would be responsible for the operation and maintenance of the Flood Control District drainage facilities, and the City would be responsible for the drainage appurtenances and other auxiliary facilities identified in the original cooperative agreements.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 2
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
Cimarron Ridge Assignment Assumption Agreement
April 6, 2022
9 1
7 ATTACHMENTS
1. Location Map
2. Cedar Court Storm Drain Stage 2 & 3 Assignment Assumption Agreement
3. Mica Court Storm Drain Stage 1 Assignment Assumption Agreement
4. Romoland MDP Lines A-14 and A-14a Stage 1 Assignment Assumption Agreement
5. Hillman Street Storm Drain Stage 3 Assignment Assumption Agreement
6. Skyward Trail Storm Drain Assignment Assumption Agreement Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 3
Menifee Mayor and City Council April 6, 2022
Item Title: 10.7 Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 4
Menifee Mayor and City Council April 6, 2022 Page 288 of 801
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 5
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ASSIGNMENT AND ASSUMPTION AGREEMENT
Sun City – Cedar Court Storm Drain, Stages 2 and 3
Project No. 4-0-00308
Tract Nos. 36658-1 and 36658-2
This Assignment and Assumption Agreement ("ASSIGNMENT") is made by and between (i) the Riverside County Flood Control and Water Conservation District , a body politic ("DISTRICT"); (i i) the City of Menifee, a California municipal corporation ("CITY") ; (iii) Cimarron Ridge, LLC, a California limited liability company ("ASSIGNOR"); and (iv) Pulte Home Company, LLC, a Michigan limited liability company ("ASSIGNEE"), together, referred to as the "Parties" and individually as "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT, CITY and ASSIGNOR have previously entered into that certain Agreement which was executed on March 2, 2021 (DISTRICT Board Agenda Item No. 11.3) and recorded as Document No. 2021-0177977 in the Official Records of the County of Riverside ("AGREEMENT"), setting forth the Parties' respective rights and obligations concerning ASSIGNOR's proposed design and construction of certain flood control and drainage facilities required as a condition of approval for Tract Nos. 36658 -1 and 36658-2 located in the city of Menifee, in the State of California, hereinafter called "PROPERTY"; and B. Subsequent to the execution of said AGREEMENT , ASSIGNEE has acquired fee title to PROPERTY pursuant to a certain Grant Deed dated July 9, 2021 and plans to proceed in accordance with AGREEMENT; and
C. A t rue and correct copy of AGREEMENT has been provided to ASSIGNEE.
AGREEMENT describes the terms and conditions by which those certain flood con trol and drainage improvements that are required in connection with the development of Tract Nos. 36658- 1 and 36658-2 are to be designed and constructed by ASSIGNOR and inspected and accepted for operation and maintenance by DISTRICT, CITY and ASSIGNOR; and Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 6
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D. Section IV.15 of AGREEMENT stipulates that ASSIGNOR may assign its rights and responsibilities as set forth therein subject to the written consent of the Parties thereto; and E. The totality of ASSIGNOR's rights, title, interests, benefits and privileges pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR RIGHTS", and the totality of ASSIGNOR's obligations or responsibilities pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR OBLIGATIONS"; and
F. ASSIGNOR RIGHTS and AS SIGNOR OBLIGATIONS are hereinafter altogether called "RIGHTS AND OBLIGATIONS"; and
G. ASSIGNOR, ASSIGNEE, CITY and DISTRICT intend that, by execution of this ASSIGNMENT, ASSIGNEE shall assume and agrees to perform all RIGHTS AND OBLIGATIONS as stated in AGREEMENT; and
H. Section IV.17 of AGREEMENT specify that AGREEMENT may be changed or modified subject to the written consent of the Parties thereto; and NOW, THEREFORE, in consideration of the preceding Recitals and the mutual covenants hereinafter contained, the Parties hereto do hereby mutually agree as follows:
1. The above Recitals are true and correct and are incorporated into the terms of this ASSIGNMENT in their entirety.
2. By execution of this ASSIGNMENT, ASSIGNOR hereby assigns all of its RIGHTS AND OBLIGATIONS to ASSIGNEE and ASSIGNEE accepts the RIGHTS AND OBLIGATIONS.
3. For the benefit of DISTRICT and COUNTY, ASSIGNEE hereby agrees to be fully bound by the terms of AGREEMENT that are stated and imposed on ASSIGNOR in AGREEMENT. ASSIGNOR is referred to as DEVELOPER in the AGREEMENT. As such, upon execution of this ASSIGNMENT, ASSIGNEE will become the new "DEVELOPER" under the terms of AGREEMENT.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 7
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4. In regard to the assignment of RIGHTS AND OBLIGATIONS set forth herein, DISTRICT and CITY hereby consent and agree to (i) the assignment of RIGHTS AND OBLIGATIONS in favor of ASSIGNEE, and (ii) the assumption by ASSIGNEE of said RIGHTS AND OBLIGATIONS. In further clarification of the intent of the Parties, ASSIGNEE and ASSIGNOR specifically agree with DISTRICT and CITY that access and/or grant of real property interests required by DISTRICT and CITY pursuant to AGREEMENT, if any, shall be satisfied by ASSIGNEE, and in regard to all financial obligations, DISTRICT and/or CITY shall invoi ce ASSIGNEE for all charges incurred pursuant to AGREEMENT. Further, in executing this ASSIGNMENT, neither DISTRICT or CITY are waiving their rights to seek redress or relief from ASSIGNOR, in addition to ASSIGNEE, for any breach of the AGREEMENT that may have accrued prior to the effective date of this ASSIGNMENT.
5. The assignment and assumption of RIGHTS AND OBLIGATIONS pursuant to 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.
6. In the event that any action or suit by the Party hereto is brought against another Party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other Party arising out of this ASSIGNMENT, the prevailing Party shall be entitled to have and recover of and from the other Party all costs and expenses of the action or suit, including reasonable attorneys' fees.
7. This ASSIGNMENT is to be construed in accordance with the laws of the State of California.
8. If any provision in this ASSIGNMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 8
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9. Nothing in the provisions of this ASSIGNMENT is intended to create duties or obligations to or rights in third parties not Parties to this ASSIGNMENT.
10. This ASSIGNMENT may be changed or modified only upon the written consent of the Parties hereto.
11. Any and all notices sent or required to be sent to ASSIGNEE arising from either this ASSIGNMENT or the obligations contained in AGREEMENT will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF MENIFEE
AND WATER CONSERVATION DISTRICT 29844 Haun Road
1995 Market Street Menifee, CA 92586
Riverside, CA 92501 Attn: Daniel Padilla
Attn: Contract Services Section City Engineer, Land Development Section
CIMARRON RIDGE, LLC PULTE HOME COMPANY, LLC
2900 Adams Street, Suite C25 27401 Los Altos, Suite 400 Riverside, CA 92504 Mission Viejo, CA 92691
Attn: Craig Mazzara Attn: Steven J. Ford
12. The individuals executing this ASSIGNMENT on behalf of ASSIGNEE and ASSIGNOR hereby certify that they have the authority within their respect ive companies to enter into and execute this ASSIGNMENT, and have been authorized to do so by any and all boards of directors, legal counsel and/or any other board, committee or other entity within their respective companies which have the authority to authorize or deny entering into this ASSIGNMENT.
13. This ASSIGNMENT may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. //
//
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 9
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IN WITNESS WHEREOF, the Parties hereto have executed this ASSIGNMENT on .
(to be filled in by General Manager-Chief Engineer)
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
APPROVED AS TO FORM:
COUNTY COUNSEL
By
SARAH K. MOORE
Deputy County Counsel
Assignment and Assumption Agreement:
Sun City – Cedar Court Storm Drain, Stages 2 and 3
Project No. 4-0-00308
Tract Nos. 36658-1 and 36658-2
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 10
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RECOMMENDED FOR APPROVAL:
CITY OF MENIFEE
By
DANIEL PADILLA
City Engineer
By
ARMANDO G. VILLA
City Manager
APPROVED AS TO FORM:
ATTEST:
By
JEFFREY T. MELCHING
City Attorney
By
SARAH MANWARING
City Clerk
(SEAL)
Assignment and Assumption Agreement:
Sun City – Cedar Court Storm Drain, Stages 2 and 3
Project No. 4-0-00308
Tract Nos. 36658-1 and 36658-2
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 11
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ASSIGNOR
CIMARRON RIDGE, LLC,
a California limited liability company
By: Van Deale Investment Properties, LLC
Its Managing Member
By ____________________________
JEFFREY M. HACK
President
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City – Cedar Court Storm Drain, Stages 2 and 3
Project No. 4-0-00308
Tract Nos. 36658-1 and 36658-2
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 12
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ASSIGNEE
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By _______________________________
DARREN WARREN
Division Vice President of Land
Acquisition and Development
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City – Cedar Court Storm Drain, Stages 2 and 3
Project No. 4-0-00308
Tract Nos. 36658-1 and 36658-2
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 13
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ASSIGNMENT AND ASSUMPTION AGREEMENT
Sun City – Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
This Assignment and Assumption Agreement ("ASSIGNMENT") is made by and between (i) the Riverside County Flood Control and Water Conservation District , a body politic ("DISTRICT"); (i i) the City of Menifee, a California municipal corporation ("CITY") ; (iii) Cimarron Ridge, LLC, a California limited liability company ("ASSIGNOR"); and (iv) Pulte Home Company, LLC, a Michigan limited liability company ("ASSIGNEE"), together, referred to as the "Parties" and individually as "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT, CITY and ASSIGNOR have previously entered into that certain Agreement which was executed on March 2, 2021 (DISTRICT Board Agenda Item No. 11.3) and recorded as Document No. 2021-0177974 in the Official Records of the County of Riverside ("AGREEMENT"), setting forth the Parties' respective rights and obligations concerning ASSIGNOR's proposed design and construction of certain flood control and drainage facilities required as a condition of approval for Tract Nos. 36658-6 and 36658 located in the city of Menifee, in the State of California, hereinafter called "PROPERTY"; and B. Subsequent to the execution of said AGREEMENT , ASSIGNEE has acquired fee title to PROPERTY pursuant to a certain Grant Deed dated July 9, 2021 and plans to proceed in accordance with AGREEMENT; and
C. A t rue and correct copy of AGREEMENT has been provided to ASSIGNEE.
AGREEMENT describes the terms and conditions by which those certain flood con trol and drainage improvements that are required in connection with the development of Tract Nos. 36658- 6 and 36658 are to be designed and constructed by ASSIGNOR and inspected and accepted for operation and maintenance by DISTRICT, CITY and ASSIGNOR; and Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 14
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D. Section IV.15 of AGREEMENT stipulates that ASSIGNOR may assign its rights and responsibilities as set forth therein subject to the written consent of the Parties thereto; and E. The totality of ASSIGNOR's rights, title, interests, benefits and privileges pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR RIGHTS", and the totality of ASSIGNOR's obligations or responsibilities pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR OBLIGATIONS"; and
F. ASSIGNOR RIGHTS and ASSIGNOR OBLIGATIONS are hereinafter altogether called "RIGHTS AND OBLIGATIONS"; and
G. ASSIGNOR, ASSIGNEE, CITY and DISTRICT intend that, by execution of this ASSIGNMENT, ASSIGNEE shall assume and agrees to pe rform all RIGHTS AND OBLIGATIONS as stated in AGREEMENT; and
H. Section IV.17 of AGREEMENT specify that AGREEMENT may be changed or modified subject to the written consent of the Parties thereto; and NOW, THEREFORE, in consideration of the preceding Recitals and the mutual covenants hereinafter contained, the Parties hereto do hereby mutually agree as follows:
1. The above Recitals are true and correct and are incorporated into the terms of this ASSIGNMENT in their entirety.
2. By execution of this ASSIGNMENT, ASSIGNOR hereby assigns all of its RIGHTS AND OBLIGATIONS to ASSIGNEE and ASSIGNEE accepts the RIGHTS AND OBLIGATIONS.
3. For the benefit of DISTRICT and COUNTY, ASSIGNEE hereby agrees to be fully bound by the terms of AGREEMENT that are stated and impo sed on ASSIGNOR in AGREEMENT. ASSIGNOR is referred to as DEVELOPER in AGREEMENT. As such, upon execution of this ASSIGNMENT, ASSIGNEE will become the new "DEVELOPER" under the terms of AGREEMENT.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 15
Menifee Mayor and City Council April 6, 2022
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4. In regard to the assignment of RIGHTS AND OBLIGATIONS set forth herein, DISTRICT and CITY hereby consent and agree to (i) the assignment of RIGHTS AND OBLIGATIONS in favor of ASSIGNEE, and (ii) the assumption by ASSIGNEE of said RIGHTS AND OBLIGATIONS. In further clarification of the intent of the Parties, ASSIGNEE and ASSIGNOR specifically agree with DISTRICT and CITY that access and/or grant of real property interests required by DISTRICT and CITY pursuant to AGREEMENT, if any, shall be satisfied by ASSIGNEE, and in regard to all financial obligations, DIS TRICT and/or CITY shall invoice ASSIGNEE for all charges incurred pursuant to AGREEMENT. Further, in executing this ASSIGNMENT, neither DISTRICT or CITY are waiving their rights to seek redress or relief from ASSIGNOR, in addition to ASSIGNEE, for any bre ach of AGREEMENT that may have accrued prior to the effective date of this ASSIGNMENT.
5. The assignment and assumption of RIGHTS AND OBLIGATIONS pursuant to 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.
6. In the event that any action or suit by the Party hereto is brought against another Party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other Party arising out of this ASSIGNMENT, the prevailing Party shall be entitled to have and recover of and from the other Party all costs and expenses of the action or suit, including reasonable attorneys' fees.
7. This ASSIGNMENT is to be construed in accordance with the laws of the State of California.
8. If any provision in this ASSIGNMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 16
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9. Nothing in the provisions of this ASSIGNMENT is intended to create duties or obligations to or rights in third parties not Parties to this ASSIGNMENT.
10. This ASSIGNMENT may be changed or modified only upon the written consent of the Parties hereto.
11. Any and all notices sent or required to be sent to ASSIGNEE arising from either this ASSIGNMENT, or the obligations contained in AGREEMENT will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF MENIFEE
AND WATER CONSERVATION DISTRICT 29844 Haun Road
1995 Market Street Menifee, CA 92586
Riverside, CA 92501 Attn: Daniel Padilla
Attn: Contract Services Section City Engineer, Land Development Section
CIMARRON RIDGE, LLC PULTE HOME COMPANY, LLC
2900 Adams Street, Suite C25 27401 Los Altos, Suite 400 Riverside, CA 92504 Mission Viejo, CA 92691
Attn: Craig Mazzara Attn: Steven J. Ford
12. The individuals executing this ASSIGNMENT on behalf of ASSIGNEE and ASSIGNOR hereby certify that they have the authority within the ir respective companies to enter into and execute this ASSIGNMENT, and have been authorized to do so by any and all boards of directors, legal counsel and/or any other board, committee or other entity within their respective companies which have the authority to authorize or deny entering into this ASSIGNMENT.
13. This ASSIGNMENT may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. //
//
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 17
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IN WITNESS WHEREOF, the Parties hereto have executed this ASSIGNMENT on .
(to be filled in by General Manager-Chief Engineer)
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
APPROVED AS TO FORM:
COUNTY COUNSEL
By
SARAH K. MOORE
Deputy County Counsel
Assignment and Assumption Agreement:
Sun City – Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 18
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RECOMMENDED FOR APPROVAL:
CITY OF MENIFEE
By
DANIEL PADILLA
City Engineer
By
ARMANDO G. VILLA
City Manager
APPROVED AS TO FORM:
ATTEST:
By
JEFFREY T. MELCHING
City Attorney
By
SARAH MANWARING
City Clerk
(SEAL)
Assignment and Assumption Agreement:
Sun City – Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 19
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ASSIGNOR
CIMARRON RIDGE, LLC,
a California limited liability company
BY: Van Deale Investment Properties, LLC
Its Managing Member
By ____________________________
JEFFREY M. HACK
President
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City – Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 20
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ASSIGNEE
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By _______________________________
DARREN WARREN
Division Vice President of Land
Acquisition and Development
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City – Mica Court Storm Drain, Stage 1
Project No. 4-0-00444
Tract Nos. 36658-6 and 36658
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 21
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ASSIGNMENT AND ASSUMPTION OF, AND
AMENDMENT TO COOPERATIVE AGREEMENT
Romoland MDP Line A-14, Stage 1
Romoland MDP Line A-14a, Stage 1
Romoland - Ethanac Road Storm Drain, Stage 1
Romoland - Byers Road Storm Drain, Stage 1
Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6
This Assignment and Assumption of, and Amendment to Cooperative Agreement ("ASSIGNMENT") is made by and between (i) the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"); (ii) the City of Menifee, a California municipal corporation ("CITY") ; (iii) Cimarron Ridge, LLC, a California limited liability co mpany ("ASSIGNOR"); and (iv) Pulte Home Company, LLC, a Michigan limited liability company ("ASSIGNEE"), together, referred to as the "Parties" and individually as "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT, CITY and ASSIGNOR have previously entered into that certain Agreement which was executed on March 2, 2021 (DISTRICT Board Agenda Item No. 11.3) and recorded as Document No. 2021-0177973 in the Official Records of the County of Riverside ("AGREEMENT"), setting forth the Parties' respective rights and obligations concerning ASSIGNOR's proposed design and construction of certain flood control and drainage facilities required as a condition of approval for Tract Nos. 36658 -5 and 36658 -6 located in the city of Menifee, in the State of California, hereinafter called "PROPERTY"; and B. Subsequent to the execution of said AGREEMENT , ASSIGNEE has acquired fee title to PROPERTY pursuant to a certain Grant Deed dated July 9, 2021 and plans to proceed in carrying out ASSIGNOR’s obligations in accordance with AGREEMENT; and C. A t rue and correct copy of AGREEMENT has been provided to ASSIGNEE.
AGREEMENT describes the terms and conditions by which those certain flood control and Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 22
Menifee Mayor and City Council April 6, 2022
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drainage improvements that are required in connection with the development of Tract Nos. 36658- 5 and 36658-6 are to be designed and constructed by ASSIGNOR and inspected and accepted for operation and maintenance by DISTRICT, CITY and ASSIGNOR; and D. Section IV.15 of AGREEMENT stipulates that ASSIGNOR may assign its rights and responsibilities as set forth therein subject to the written consent of the Parties thereto; and E. The totality of ASSIGNOR's rights, title, interests, benefits and privileges pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR RIGHTS", and the totality of ASSIGNOR's obligations or responsibilities pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR OBLIGATIONS"; and
F. ASSIGNOR RIGHTS and ASSIGNOR OBLIGATIONS are hereinafter altogether called "RIGHTS AND OBLIGATIONS"; and
G. ASSIGNOR, ASSIGNEE, CITY and DISTRICT intend that, by execution of this ASSIGNMENT, ASSIGNEE shall assume and agrees to perform all RIGHTS AND OBLIGATIONS as stated in AGREEMENT; and
H. Concurrently with the assignment and assumption of AGREEMENT, DISTRICT desires to make certain amendments to AGREEMENT in its entirety, which together encompass this ASSIGNMENT; and
I. Section IV.17 of AGREEMENT specify that AGREEMENT may be changed or modified subject to the written consent of the Parties thereto; and NOW, THEREFORE, in consideration of the preceding Recitals and the mutual covenants hereinafter contained, the Parties hereto do hereby mutually agree as follows:
1. The above Recitals are true and correct and are incorporated into the terms of this ASSIGNMENT in their entirety.
2. By execution of this ASSIGNMENT, ASSIGNOR hereby assigns all of its RIGHTS AND OBLIGATIONS to ASSIGNEE and ASSIGNEE accepts RIGHTS AND OBLIGATIONS.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 23
Menifee Mayor and City Council April 6, 2022
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3. For the benefit of DISTRICT and COUNTY, ASSIGNEE hereby agrees to be fully bound by the terms of AGREEMENT that are stated and imposed on ASSIGNOR in AGREEMENT. ASSIGNOR is referred to as DEVELOPER in the AGREEMENT. As such, upon execution of this ASSIGNMENT, ASSIGNEE will become the new "DEVELOPER" under the terms of the AGREEMENT.
4. AGREEMENT is hereby amended as follows:
I. RECITALS F of AGREEMENT is hereby deleted in its entirety.
II. RECITALS G of AGREEMENT is hereby deleted in its entirety.
III. RECITALS H of AGREEMENT is hereby deleted in its entirety.
IV. RECITALS I of AGREEMENT is hereby deleted in its entirety.
V. RECITALS J of AGREEMENT is hereby deleted in its entirety.
5. In regard to the assignment of RIGHTS AND OBLIGATIONS set forth herein, DISTRICT and CITY hereby consent and agree to (i) the assignment of RIGHTS AND OBLIGATIONS in favor of ASSIGNEE and (ii) the assumption by ASSIGNEE of said RIGHTS AND OBLIGATIONS. In further clarification of the intent of the Parties, ASSIGNEE and ASSIGNOR specifically agree with DISTRICT and CITY that access and/or grant of real property interests required by DISTRICT and CITY pursuant to AGREEMENT, if any, shall be satisfied by ASSIGNEE, and in regard to all financial obligations, DISTRICT and/or CITY shall invoice ASSIGNEE for all charges incurred pursuant to AGREEMENT. Further, in executing this ASSIGNMENT, neither DISTRICT or CITY are waiving their rights to seek redress or relief from ASSIGNOR, in addition to ASSIGNEE, for any breach of AGREEMENT that may have accrued prior to the effective date of this ASSIGNMENT.
6. The assignment and assumption of RIGHTS AND OBLIGATIONS pursuant to 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.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 24
Menifee Mayor and City Council April 6, 2022
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7. In the event that any action or suit by the Party hereto is brought against another Party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other Party arising out of this ASSIGNMENT, the prevailing Party shall be entitled to have and recover of and from the other Party all costs and expenses of the action or suit, including reasonable attorneys' fees.
8. This ASSIGNMENT is to be construed in accordanc e with the laws of the State of California.
9. If any provision in this ASSIGNMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
10. Nothing in the provisions of this ASSIGNMENT is intended to create duties or obligations to or rights in third parties not Parties to this ASSIGNMENT.
11. This ASSIGNMENT may be changed or modified only upon the written consent of the Parties hereto.
12. Any and all notices sent or required to be sent to ASSIGNEE arising from either this ASSIGNMENT, or the obligations contained in AGREEMENT will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF MENIFEE
AND WATER CONSERVATION DISTRICT 29844 Haun Road
1995 Market Street Menifee, CA 92586
Riverside, CA 92501 Attn: Daniel Padilla,
Attn: Contract Services Section City Engineer, Land Development Section
CIMARRON RIDGE, LLC PULTE HOME COMPANY, LLC
2900 Adams Street, Suite C25 27401 Los Altos, Suite 400 Riverside, CA 92504 Mission Viejo, CA 92691
Attn: Craig Mazzara Attn: Steven J. Ford
13. The individuals executing this ASSIGNMENT on behalf of ASSIGNEE and ASSIGNOR hereby certify that they have the authority within their respective companies to enter into and execute this ASSIGNMENT, and have been authorized to do so by any and all boards of Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 25
Menifee Mayor and City Council April 6, 2022
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- 5 -
directors, legal counsel and/or any other board, committee or other entity within their respective companies which have the authority to authorize or deny entering into this ASSIGNMENT.
14. This ASSIGNMENT may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. //
//
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 26
Menifee Mayor and City Council April 6, 2022
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment on
.
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM:
ATTEST:
COUNTY COUNSEL
KECIA HARPER
Clerk of the Board
By
SARAH K. MOORE
Deputy County Counsel
By
Deputy
(SEAL)
Assignment and Assumption of and Amendment to Cooperative Agreement:
Romoland MDP Line A-14, Stage 1
Romoland MDP Line A-14a, Stage 1
Romoland - Ethanac Road Storm Drain, Stage 1
Romoland - Byers Road Storm Drain, Stage 1
Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 27
Menifee Mayor and City Council April 6, 2022
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RECOMMENDED FOR APPROVAL:
CITY OF MENIFEE
By
DANIEL PADILLA
City Engineer
By
ARMANDO G. VILLA
City Manager
APPROVED AS TO FORM:
ATTEST:
By
JEFFREY T. MELCHING
City Attorney
By
SARAH MANWARING
City Clerk
(SEAL)
Assignment And Assumption of, and Amendment to Cooperative Agreement:
Romoland MDP Line A-14, Stage 1
Romoland MDP Line A-14a, Stage 1
Romoland - Ethanac Road Storm Drain, Stage 1
Romoland - Byers Road Storm Drain, Stage 1
Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 28
Menifee Mayor and City Council April 6, 2022
242963
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ASSIGNOR
CIMARRON RIDGE, LLC,
a California limited liability company
By: Van Deale Investment Properties, LLC
Its Managing Member
By ____________________________
JEFFREY M. HACK
President
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment And Assumption of, and Amendment to Cooperative Agreement:
Romoland MDP Line A-14, Stage 1
Romoland MDP Line A-14a, Stage 1
Romoland - Ethanac Road Storm Drain, Stage 1
Romoland - Byers Road Storm Drain, Stage 1
Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 29
Menifee Mayor and City Council April 6, 2022
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ASSIGNEE
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By _______________________________
DARREN WARREN
Division Vice President of Land
Acquisition and Development
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment And Assumption of, and Amendment to Cooperative Agreement:
Romoland MDP Line A-14, Stage 1
Romoland MDP Line A-14a, Stage 1
Romoland - Ethanac Road Storm Drain, Stage 1
Romoland - Byers Road Storm Drain, Stage 1
Project Nos. 4-0-00443, 4-0-00436, 4-0-00445 and 4-0-00446 Tract Nos. 36658-5 and 36658-6
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 30
Menifee Mayor and City Council April 6, 2022
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ASSIGNMENT AND ASSUMPTION AGREEMENT
Sun City – Hillman Street Storm Drain, Stage 3
Project No. 4-0-00304
Tract Nos. 36658-1 and 36658-2
This Assignment and Assumption Agreement ("ASSIGNMENT") is made by and between (i) the Riverside County Flood Control and Water Conservation District , a body politic ("DISTRICT"); (i i) the City of Menifee, a California municipal corporation ("CITY") ; (iii) Cimarron Ridge, LLC, a California limited liability company ("ASSIGNOR"); and (iv) Pulte Home Company, LLC, a Michigan limited liability company ("ASSIGNEE"), together, referred to as the "Parties" and individually as "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT, CITY and ASSIGNOR have previously entered into that certain Agreement which was executed on March 2, 2021 (DISTRICT Board Agenda Item No. 11.3) and recorded as Document No. 2021-0177976 in the Official Records of the County of Riverside ("AGREEMENT"), setting forth the Parties' respective rights and obligations concerning ASSIGNOR's proposed design and construction of certain flood control and drainage facilities required as a condition of approval for Tract Nos. 36658 -1 and 36658-2 located in the city of Menifee, in the State of California, hereinafter called "PROPERTY"; and B. Subsequent to the execution of said AGREEMENT , ASSIGNEE has acquired fee title to PROPERTY pursuant to a certain Grant Deed dated July 9, 2021 and plans to proceed in accordance with AGREEMENT; and
C. A t rue and correct copy of AGREEMENT has been provided to ASSIGNEE.
AGREEMENT describes the terms and conditions by which those certain flood con trol and drainage improvements that are required in connection with the development of Tract Nos. 36658- 1 and 36658-2 are to be designed and constructed by ASSIGNOR and inspected and accepted for operation and maintenance by DISTRICT, CITY and ASSIGNOR; and Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 31
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D. Section IV.15 of AGREEMENT stipulates that ASSIGNOR may assign its rights and responsibilities as set forth therein subject to the written consent of the Parties thereto; and E. The totality of ASSIGNOR's rights, title, interests, benefits and privileges pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR RIGHTS", and the totality of ASSIGNOR's obligations or responsibilities pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR OBLIGATIONS"; and
F. ASSIGNOR RIGHTS and AS SIGNOR OBLIGATIONS are hereinafter altogether called "RIGHTS AND OBLIGATIONS"; and
G. ASSIGNOR, ASSIGNEE, CITY and DISTRICT intend that, by execution of this ASSIGNMENT, ASSIGNEE shall assume and agrees to perform all RIGHTS AND OBLIGATIONS as stated in AGREEMENT; and
H. Section IV.17 of AGREEMENT specify that AGREEMENT may be changed or modified subject to the written consent of the Parties thereto; and NOW, THEREFORE, in consideration of the preceding Recitals and the mutual covenants hereinafter contained, the Parties hereto do hereby mutually agree as follows:
1. The above Recitals are true and correct and are incorporated into the terms of this ASSIGNMENT in their entirety.
2. By execution of this ASSIGNMENT, ASSIGNOR hereby assigns all of its RIGHTS AND OBLIGATIONS to ASSIGNEE and AS SIGNEE accepts the RIGHTS AND OBLIGATIONS.
3. For the benefit of DISTRICT and COUNTY, ASSIGNEE hereby agrees to be fully bound by the terms of AGREEMENT that are stated and imposed on ASSIGNOR in AGREEMENT. ASSIGNOR is referred to as DEVELOPER in AGREEME NT. As such, upon execution of this ASSIGNMENT, ASSIGNEE will become the new "DEVELOPER" under the terms of AGREEMENT.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 32
Menifee Mayor and City Council April 6, 2022
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4. In regard to the assignment of RIGHTS AND OBLIGATIONS set forth herein, DISTRICT and CITY hereby consent and agree to (i) the assignm ent of RIGHTS AND OBLIGATIONS in favor of ASSIGNEE, and (ii) the assumption by ASSIGNEE of said RIGHTS AND OBLIGATIONS. In further clarification of the intent of the Parties, ASSIGNEE and ASSIGNOR specifically agree with DISTRICT and CITY that access and/or grant of real property interests required by DISTRICT and CITY pursuant to AGREEMENT, if any, shall be satisfied by ASSIGNEE, and in regard to all financial obligations, DISTRICT and/or CITY shall invoice ASSIGNEE for all charges incurred pursuant to AG REEMENT. Further, in executing this ASSIGNMENT, neither DISTRICT or CITY are waiving their rights to seek redress or relief from ASSIGNOR, in addition to ASSIGNEE, for any breach of AGREEMENT that may have accrued prior to the effective date of this ASSIGNMENT.
5. The assignment and assumption of RIGHTS AND OBLIGATIONS pursuant to 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.
6. In the event that any action or suit by the Party hereto is brought against another Party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other Party arising out of this ASSIGNMENT, the prevailing Party shall be entitled to have and recover of and from the other Party all costs and expenses of the action or suit, including reasonable attorneys' fees.
7. This ASSIGNMENT is to be construed in accordance with the laws of the State of California.
8. If any provision in this ASSIGNMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 33
Menifee Mayor and City Council April 6, 2022
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9. Nothing in the provisions of this ASSIGNMENT is intended to create duties or obligations to or rights in third parties not Parties to this ASSIGNMENT.
10. This ASSIGNMENT may be changed or modified only upon the written consent of the Parties hereto.
11. Any and all notices sent or required to be sent to ASSIGNEE arising from either this ASSIGNMENT or the obligations contained in AGREEMENT will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF MENIFEE
AND WATER CONSERVATION DISTRICT 29844 Haun Road
1995 Market Street Menifee, CA 92586
Riverside, CA 92501 Attn: Daniel Padilla
Attn: Contract Services Section City Engineer,
Land Development Section
CIMARRON RIDGE, LLC PULTE HOME COMPANY, LLC
2900 Adams Street, Suite C25 27401 Los Altos, Suite 400 Riverside, CA 92504 Mission Viejo, CA 92691
Attn: Craig Mazzara Attn: Steven J. Ford
12. The individuals executing this ASSIGNMENT on behalf of ASSIGNEE and ASSIGNOR hereby certify that they have the authority within their respective com panies to enter into and execute this ASSIGNMENT, and have been authorized to do so by any and all boards of directors, legal counsel and/or any other board, committee or other entity within their respective companies which have the authority to authorize or deny entering into this ASSIGNMENT.
13. This ASSIGNMENT may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. //
//
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 34
Menifee Mayor and City Council April 6, 2022
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- 5 -
IN WITNESS WHEREOF, the Parties hereto have executed this ASSIGNMENT on .
(to be filled in by General Manager-Chief Engineer)
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
APPROVED AS TO FORM:
COUNTY COUNSEL
By
SARAH K. MOORE
Deputy County Counsel
Assignment and Assumption Agreement:
Sun City – Hillman Street Storm Drain, Stage 3
Project No. 4-0-00304
Tract Nos. 36658-1 and 36658-2
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 35
Menifee Mayor and City Council April 6, 2022
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RECOMMENDED FOR APPROVAL:
CITY OF MENIFEE
By
DANIEL PADILLA
City Engineer
By
ARMANDO G. VILLA
City Manager
APPROVED AS TO FORM:
ATTEST:
By
JEFFREY T. MELCHING
City Attorney
By
SARAH MANWARING
City Clerk
(SEAL)
Assignment and Assumption Agreement:
Sun City – Hillman Street Storm Drain, Stage 3
Project No. 4-0-00304
Tract Nos. 36658-1 and 36658-2
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 36
Menifee Mayor and City Council April 6, 2022
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ASSIGNOR
CIMARRON RIDGE, LLC,
a California limited liability company
By: Van Deale Investment Properties, LLC
Its Managing Member
By ____________________________
JEFFREY M. HACK
President
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City – Hillman Street Storm Drain, Stage 3
Project No. 4-0-00304
Tract Nos. 36658-1 and 36658-2
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 37
Menifee Mayor and City Council April 6, 2022
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ASSIGNEE
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By _______________________________
DARREN WARREN
Division Vice President of Land
Acquisition and Development
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City – Hillman Street Storm Drain, Stage 3
Project No. 4-0-00304
Tract Nos. 36658-1 and 36658-2
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 38
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ASSIGNMENT AND ASSUMPTION AGREEMENT
Sun City – Skyward Trail Storm Drain, Stages 2 and 3
Sun City – Skyward Trail Storm Drain Northern Lateral, Stage 1 Sun City – Skyward Trail Storm Drain Southern Lateral, Stage 1 Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
This Assignment and Assumption Agreement ("ASSIGNMENT") is made by and between (i) the Riverside County Flood Control and Water Conservation District , a body politic ("DISTRICT"); (i i) the City of Menifee, a California municipal corporation ("CITY") ; (iii) Cimarron Ridge, LLC, a California limited liability company ("ASSIGNOR"); and (iv) Pulte Home Company, LLC, a Michigan limited liability company ("ASSIGNEE"), together, referred to as the "Parties" and individually as "Party". The Parties hereto agree as follows:
RECITALS
A. DISTRICT, CITY and ASSIGNOR have previously entered into that certain Agreement which was executed on March 2, 2021 (DISTRICT Board Agenda Item No. 11.3) and recorded as Document No. 2021-0177975 in the Official Records of the County of Riverside ("AGREEMENT"), setting forth the Parties' respective rights and obligations concerning ASSIGNOR's proposed design and construction of c ertain flood control and drainage facilities required as a condition of approval for Tract Nos. 36658 -3 and 36658 -4 located in the city of Menifee, in the State of California, hereinafter called "PROPERTY"; and B. Subsequent to the execution of said AGREEMENT, ASSIGNEE has acquired fee title to PROPERTY pursuant to a certain Grant Deed dated July 9, 2021 and plans to proceed in accordance with AGREEMENT; and
C. A true and correct copy of AGREEMENT has been provided to ASSIGNEE. The AGREEMENT describes the terms and conditions by which those certain flood control and drainage improvements that are required in connection with the development of Tract Nos. 36658- Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 39
Menifee Mayor and City Council April 6, 2022
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3 and 36658-4 are to be designed and constructed by ASSIGNOR and inspected and accepted for operation and maintenance by DISTRICT, CITY and ASSIGNOR; and D. Section IV.15 of AGREEMENT stipulates that ASSIGNOR may assign its rights and responsibilities as set forth therein subject to the written consent of the Parties thereto; and E. The totality of ASSIGNOR's rights, title, interests, benefits and privileges pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR RIGHTS", and the totality of ASSIGNOR's obligations or responsibilities pursuant to AGREEMENT are hereinafter collectively called "ASSIGNOR OBLIGATIONS"; and
F. ASSIGNOR RIGHTS and ASSIGNOR OBLIGATIONS are hereinafter altogether called "RIGHTS AND OBLIGATIONS"; and
G. ASSIGNOR, ASSIGNEE, CITY and DISTRICT intend that, by execution of this ASSIGNMENT, ASSIGNEE shall assume and agrees to perform all RIGHTS AND OBLIGATIONS as stated in AGREEMENT; and
H. Section IV.17 of AGREEMENT specify that AGREEMENT may be changed or modified subject to the written consent of the Parties thereto; and NOW, THEREFORE, in consideration of the preceding Recitals and the mutual covenants hereinafter contained, the Parties hereto do hereby mutually agree as follows:
1. The above Recitals are true and correct and are incorporated into the terms of this ASSIGNMENT in their entirety.
2. By execution of this ASSIGNMENT, ASSIGNOR hereby assigns all of its RIGHTS AND OBLIGATIONS to ASSIGNEE and ASSIGNEE accepts RIGHTS AND OBLIGATIONS.
3. For the benefit of DISTRICT and COUNTY, ASSIGNEE hereby agrees to be fully bound by the te rms of AGREEMENT that are stated and imposed on ASSIGNOR in AGREEMENT. ASSIGNOR is referred to as DEVELOPER in the AGREEMENT. As such, upon Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 40
Menifee Mayor and City Council April 6, 2022
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execution of this ASSIGNMENT, ASSIGNEE will become the new "DEVELOPER" under the terms of the AGREEMENT.
4. In re gard to the assignment of RIGHTS AND OBLIGATIONS set forth herein, DISTRICT and CITY hereby consent and agree to (i) the assignment of RIGHTS AND OBLIGATIONS in favor of ASSIGNEE, and (ii) the assumption by ASSIGNEE of said RIGHTS AND OBLIGATIONS. In furt her clarification of the intent of the Parties, ASSIGNEE and ASSIGNOR specifically agree with DISTRICT and CITY that access and/or grant of real property interests required by DISTRICT and CITY pursuant to AGREEMENT, if any, shall be satisfied by ASSIGNEE, and in regard to all financial obligations, DISTRICT and/or CITY shall invoice ASSIGNEE for all charges incurre d pursuant to AGREEMENT. Further, in executing this ASSIGNMENT, neither DISTRICT or CITY are waiving their rights to seek redress or relief from ASSIGNOR, in addition to ASSIGNEE, for any breach of the AGREEMENT that may have accrued prior to the effective date of this ASSIGNMENT.
5. The assignment and assumption of RIGHTS AND OBLIGATIONS pursuant to 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.
6. In the event that any action or suit by the Party hereto is brought against another Party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other Party arising out of this ASSIGNMENT, the prevailing Party shall be entitled to have and recover of and from the other Party all costs and expenses of the action or suit, including reasonable attorneys' fees.
7. This ASSIGNMENT is to be construed in accordance with the laws of the State of California.
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 41
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8. If any provision in this ASSIGNMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
9. Nothing in the provisions of this ASSIGNMENT is intended to create duties or obligations to or rights in third parties not Parties to this ASSIGNMENT.
10. This ASSIGNMENT may be changed or modified only upon the written consent of the Parties hereto.
11. Any and all notices sent or required to be sent to ASSIGNEE arising from either this ASSIGNMENT, or the obligations contained in AGREEMENT will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF MENIFEE
AND WATER CONSERVATION DISTRICT 29844 Haun Road
1995 Market Street Menifee, CA 92586
Riverside, CA 92501 Attn: Daniel Padilla
Attn: Contract Services Section City Engineer,
Land Development Section
CIMARRON RIDGE, LLC PULTE HOME COMPANY, LLC
2900 Adams Street, Suite C25 27401 Los Altos, Suite 400 Riverside, CA 92504 Mission Viejo, CA 92691
Attn: Craig Mazzara Attn: Steven J. Ford
12. The individuals executing this ASSIGNMENT on behalf of ASSIGNEE and ASSIGNOR hereby certify that they have the authority within their respective companies to enter into and execute this ASSIGNMENT, and have been authorized to do so by any and all boards of directors, legal counsel and/or any other board, committee or other entity within their respective companies which have the authority to authorize or deny entering into this ASSIGNMENT.
13. This ASSIGNMENT may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. //
//
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 42
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IN WITNESS WHEREOF, the Parties hereto have executed this ASSIGNMENT on .
(to be filled in by General Manager-Chief Engineer)
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
APPROVED AS TO FORM:
COUNTY COUNSEL
By
SARAH K. MOORE
Deputy County Counsel
Assignment and Assumption Agreement:
Sun City – Skyward Trail Storm Drain, Stages 2 and 3
Sun City – Skyward Trail Storm Drain Northern Lateral, Stage 1 Sun City – Skyward Trail Storm Drain Southern Lateral, Stage 1 Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 43
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RECOMMENDED FOR APPROVAL:
CITY OF MENIFEE
By
DANIEL PADILLA
City Engineer
By
ARMANDO G. VILLA
City Manager
APPROVED AS TO FORM:
ATTEST:
By
JEFFREY T. MELCHING
City Attorney
By
SARAH MANWARING
City Clerk
(SEAL)
Assignment and Assumption Agreement:
Sun City – Skyward Trail Storm Drain, Stages 2 and 3
Sun City – Skyward Trail Storm Drain Northern Lateral, Stage 1 Sun City – Skyward Trail Storm Drain Southern Lateral, Stage 1 Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 44
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ASSIGNOR
CIMARRON RIDGE, LLC,
a California limited liability company
By: Van Deale Investment Properties, LLC
Its Managing Member
By ____________________________
JEFFREY M. HACK
President
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City – Skyward Trail Storm Drain, Stages 2 and 3
Sun City – Skyward Trail Storm Drain Northern Lateral, Stage 1 Sun City – Skyward Trail Storm Drain Southern Lateral, Stage 1 Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 45
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ASSIGNEE
PULTE HOME COMPANY, LLC
a Michigan limited liability company
_______________________________
DARREN WARREN
Division Vice President of Land
Acquisition and Development
(ATTACH NOTARY WITH CAPACITY
STATEMENT)
Assignment and Assumption Agreement:
Sun City – Skyward Trail Storm Drain, Stages 2 and 3
Sun City – Skyward Trail Storm Drain Northern Lateral, Stage 1 Sun City – Skyward Trail Storm Drain Southern Lateral, Stage 1 Project Nos. 4-0-00309, 4-0-00191 and 4-0-00192
Tract Nos. 36658-3 and 36658-4
AMR:blm
03/09/22
Item Title: 10.7
Riverside County Flood Control District and Water Conservation District Agreements for Cimarron Ridge Development Item Page Number: 46
Menifee Mayor and City Council April 6, 2022
CITY OF MENIFEE
SUBJECT: Tradewinds Community Resurfacing Project Agreement MEETING DATE: April 6, 2022
TO: Mayor and City Council
PREPARED BY: Jennifer Hernandez, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute an Owner-Contractor Agreement with Hillcrest Contracting, Inc. for construction services for Tradewinds Community Resurfacing Project, Capital Improvement Project No. CIP22-07, in the amount of $911,940.40.
DISCUSSION
The Tradewinds Community is located east of Interstate 215 and north of Highway 74 and includes the residential streets of Summer Winds Drive, North Winds Drive, West Winds Drive, Trade Winds Drive, Autumn Winds Drive, and Springs Winds Drive. The improvements consist of resurfacing/reconstruction of the existing roadway, restriping where appropriate, and reconstruction of 16 existing noncompliant curb ramps. The project was identified in the City’s five-year Capital Improvement Program.
Staff administered a competitive bid process, and the Project was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on March 8, 2022 at 10:00 AM. A total of seven bids were received and are summarized in Table 1 on the following page.
Item Title: 10.8
Tradewinds Community Resurfacing Project Agreement
Item Page Number: 1
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
CIP 22-07 Award
April 6, 2022
9 2
9 Table 1- Bid Results Summary
Bidders
(Lowest to Highest)
Base Bid
Amount
Additive Bid
Amount
Total Bid
Amount
Lowest
Responsible
Bidder
Engineer’s Estimate $890,000.00 $45,000 $935,000
Hillcrest Contracting, Inc. $772,940.40 $139,000.00 $911,940.40 X R.J. Noble Company $895,171.00 $96,500.00 $991,671.00
All American Asphalt $902,333.00 $117,000.00 $1,019,333.00 IE General Engineering,
Inc.
$799,351.50 $225,000.00
$1,024,351.50
Calmex Engineering, Inc. $918,660.00 $142,000.00 $1,060,660.00 Hardy & Harper, Inc. $951,053.00 $131,250.00 $1,082,303.00 Copp Contracting, Inc. $947,605.00 $287,000.00 $1,234,605.00 Staff reviewed the apparent lowest bidder and determined Hillcrest Contracting, Inc. met the requirements for recommendation as the lowest responsible bidder. Included in the total bid amount is the additive bid item of pulverized cement base. The additive bid item was recommended in the geotechnical testing report and would account for failing subgrade. Staff is recommending the award of the base bid and additive bid as part of the total award amount.
The total anticipated construction cost for the project is $1,015,135 (rounded), which includes the construction, materials testing, labor compliance, and other costs typically associated with construction. Construction management would be performed by City staff, while services for materials testing and labor compliance would be performed by consultants.
If approved by the City Council, the tentative project schedule would be as follows:
Construction Start April 27, 2022
Construction End June 10, 2022
City Council Acceptance July 20, 2022
*The timeline above assumes no delay due to weather or other unforeseen conditions Environmental Impact
The proposed project has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Class 1 includes the following example of a project that would be exempt under this section: (c) [minor alterations to] Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The project is for the resurfacing/reconstruction of an existing paved road and upgrades to accessible ramps as described above. All improvements are within existing city right-of-way. The proposed improvements are a negligible expansion of the existing use. The improvements described above Item Title: 10.8
Tradewinds Community Resurfacing Project Agreement
Item Page Number: 2
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
CIP 22-07 Award
April 6, 2022
9 2
9 are considered minor alterations to existing streets or similar facilities. The project is exempt per Section 15301.
The proposed project is also exempt under 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 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 15061(b)(3)). There is no possibility that the activity in question will have a significant effect on the environment because the proposed project is occurring in an area that is already heavily disturbed and is not environmentally sensitive. The Notice of Exemption was recorded with the County of Riverside on March 9, 2022.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The anticipated construction cost of the Project is estimated at $1,015,135. The available funding for this project within the fiscal year 2021-22 adopted budget is $946,078. Additional funding to support the remaining $69,057 (rounded) has been identified from project savings. A summary of existing and additional funding is provided in Tables 2 and 3 below.
Table 2- Existing Project Funding
Fund Project Account
Number
Anticipated
Project
Cost
Available
Budget
Additional
Budget
Required
General
Fund
Tradewinds
Resurfacing 100-4555-58124 $469,057 $400,000 $69,057
SB1 Tradewinds
Resurfacing 201-4555-58124 $491,781 $491,781
Measure A Tradewinds
Resurfacing 220-4555-58124 $54,297 $54,297
Total $1,015,135 $946,078 $69,057
Table 3- Additional Identified Funding
Account NumberFund Project From To
Available
Budget
Amount
Requesting
General
Fund
Potomac &
Meadows
Resurfacing Project
100-4555-58011 100-4555-58124 $120,921 $69,057
Total $120,921 $69,057
ATTACHMENTS
1. Project Location Map
2. Agreement with Hillcrest Contracting, Inc.
Item Title: 10.8
Tradewinds Community Resurfacing Project Agreement
Item Page Number: 3
Menifee Mayor and City Council April 6, 2022
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C i d e r S t
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West Winds DrNorth Winds Dr
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\TradewindsCommunityResurfacing\TradewindsCommunityResurfacing.aprx Date: 3/16/2022 Tradewinds Community Resurfacing (CIP 22-07)
Project Location Map
Item Title: 10.8
Tradewinds Community Resurfacing Project Agreement
Item Page Number: 4
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7645681.2 a03/02/22 Page 1
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 22-07 TRADEWINDS COMMUNITY STREET RESURFACING PROJECT This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and HILLCREST CONTRACTING, INC. (“Contractor”), whose principal business address is 1467 CIRCLE CITY DRIVE, Corona, CA 92879 on the ________ day of ______________, 20_______.
In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 22-07 TRADEWINDS COMMUNITY STREET RESURFACING PROJECT to be constructed at the SCOTT/MENIFEE ROAD in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.
Item Title: 10.8
Tradewinds Community Resurfacing Project Agreement
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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.
8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.8
Tradewinds Community Resurfacing Project Agreement
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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.
12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.
13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.
14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch
15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.
16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.8
Tradewinds Community Resurfacing Project Agreement
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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Menifee
By:
Armando G. Villa, City Manager
CONTRACTOR:
HILLCREST CONTRACTING, INC
By:
Name: Glenn J. Salsbury____________
Its: President
APPROVED AS TO FORM:
By:
Jeffrey T. Melching, City Attorney
By:
Name: Einer G. Lindholm___________
Its: VP/Secretary
ATTEST:
By:
Sarah A. Manwaring, City Clerk
036370
Contractor’s City Business License No.
471664, Class A
State Contractor License No. & Class
1467 CIRCLE CITY DRIVE
Street Address
Corona, CA 92879
City, State, Zip Code
Item Title: 10.8
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[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
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EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.8
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EXHIBIT B
CONTRACT PRICE
Nine Hundred Eleven Thousand Nine Hundred Forty Dollars and Forty Cents ($911,940.40) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
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Item Title: 10.8
Tradewinds Community Resurfacing Project Agreement
Item Page Number: 17
Menifee Mayor and City Council April 6, 2022
CITY OF MENIFEE
SUBJECT: Potomac and Meadows Resurfacing Project Agreement MEETING DATE: April 6, 2022
TO: Mayor and City Council
PREPARED BY: Jennifer Hernandez, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute an Owner-Contractor Agreement with Pavement Coatings Co. in the amount of $765,613 to perform roadway resurfacing for the Potomac and Meadows Resurfacing Project; and
2. Award bid and authorize the City Manager to execute a Professional Services Agreement with Leighton Consulting, Inc. in an amount not-to-exceed $27,798 for materials testing services for the project.
DISCUSSION
The Potomac and Meadows Resurfacing Project consists of resurfacing existing road by chip seal/slurry seal, restriping where appropriate, and reconstruction of 22 non-compliant curb ramps.
The work would be performed in the Menifee Meadows neighborhood east of Bradley Road and north of Holland Road, and in the neighborhood located east of Bradley Road and north of Potomac Drive as depicted in the Project Location Map. The project would be completed in two parts, beginning with a crack seal of the project area, followed by the final resurfacing by chip seal/slurry seal throughout both neighborhoods. Services for crack seal were previously awarded and will be performed under a separate contract. The project would resurface approximately 7.5 miles collectively between both neighborhoods.
Staff administered a competitive bid process, and the Project was legally advertised in accordance with the California Public Contract Code. An electronic bid opening was held on March 4, 2022. A total of six bids were received and are summarized in Table 1 on the following page.
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 1
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
PMP 22-02 Agreement
April 6, 2022
9 2
8 Table 1 – Bid Result Summary
Firm Name Total Bid Amount Lowest Responsible Bidder
Engineer’s Estimate $1,048,000.00
Pavement Coatings Co. $765,613.00 X
All American Asphalt $777,777.00
American Asphalt South, Inc. $786,409.00
VSS International, Inc. $787,120.00
Roy Allan Slurry Seal $820,672.30
Copp Contracting, Inc. $871,896.00
Staff reviewed the apparent lowest bidder and determined Pavement Coatings, Co. met the requirements for recommendation as the lowest responsive and responsible bidder.
On February 21, 2022, staff solicited fee proposals for materials testing services through a request for proposal/quotation (RFQ) from the list of firms previously approved by the City. Solicitations for materials testing services were requested from the following firms:
Geocon
Leighton Consulting, Inc.
MTGL
Staff had received two proposals as of the submittal deadline. To obtain the additional proposal, City staff conducted follow up outreach to Geocon. After several outreach attempts were made, Geocon was deemed unresponsive. City staff determined a re-issuance of the RFQ would result in a similar outcome. Results of the solicitations are summarized in Table 2 below:
Table 2- RFQ Summary
Firm Name Fee Proposal
Leighton Consulting, Inc. $27,798
MTGL $35,574
Geocon Unresponsive
After review of the fee proposal, staff selected Leighton Consulting, Inc. as the recommended firm to provide materials testing services.
The anticipated construction cost for the project is $878,473 (rounded) which includes the construction, materials testing, labor compliance, and other costs typically associated with construction. Construction management would be performed by City staff, while materials testing and labor compliance services would be performed by a consultant.
If approved by the City Council, the tentative project schedule would be as follows:
Construction Start: July 20, 2022
Construction End: August 20, 2022
City Council Acceptance: September 7, 2022
*The timeline above assumes no delays due to weather or unforeseen conditions.
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 2
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
PMP 22-02 Agreement
April 6, 2022
9 2
8 Environmental Impact
The proposed project has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Class 1 includes the following example of a project that would be exempt under this section: (c) [minor alterations to] Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The project is for the resurfacing of an existing paved road and upgrades to accessible ramps as described above. All improvements are within existing city right-of-way. The proposed improvements are a negligible expansion of the existing use. The improvements described above are considered minor alterations to existing streets or similar facilities. The project is exempt per Section 15301.
The proposed project is also exempt under 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 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 15061(b)(3)). There is no possibility that the activity in question will have a significant effect on the environment because the proposed project is occurring in an area that is already heavily disturbed and is not environmentally sensitive. The Notice of Exemption for the Project was recorded with the County of Riverside on February 2, 2022.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The anticipated construction cost of the Project is estimated at $878,473. The available funding for this project within the fiscal year 2021-22 adopted budget is $1,004,686. Therefore, the total anticipated construction cost is within the total available funding as summarized in Table 3 below.
Table 3- Existing Project Funding
Fund Project Account
Number
Available
Budget
Project Cost
General Fund Potomac & Meadows
Crack Seal
100-4555-58011 $1,004,686 $878,473
Total $1,004,686 $878,473
ATTACHMENTS
1. Project Location Map
2. Agreement with Pavement Coatings Co.
3. Agreement with Leighton Consulting, Inc.
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 3
Menifee Mayor and City Council April 6, 2022
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Crews Hill Dr
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Project Location Map
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 4
Menifee Mayor and City Council April 6, 2022
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Project Location Map
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 5
Menifee Mayor and City Council April 6, 2022
290/031858-0008
7645681.2 a03/02/22 Page 1
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
PMP 22-02 POTOMAC AND MEADOWS RESURFACING PROJECT
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and PAVEMENT COATINGS, CO. (“Contractor”), whose principal business address is 10240 SAN SEVAINE WAY, JURUPA VALLEY, CA 91752 on the ________ day of ______________, 20_______.
In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the PMP 22-02 POTOMAC AND MEADOWS RESURFACING PROJECT to be constructed at the Potomac and Meadows in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 6
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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.
8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 7
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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.
12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.
13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.
14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch
15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.
16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 8
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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Menifee
By:
Armando G. Villa, City Manager
CONTRACTOR:
PAVEMENT COATINGS CO.
By:
Name: James Wu, Vice President______
Its:
APPROVED AS TO FORM:
By:
Jeffrey T. Melching, City Attorney
By:
Name: Tom Mucenski, Secretary
Its:
ATTEST:
By:
Stephanie Roseen, Acting City Clerk
043474
Contractor’s City Business License No.
303609
State Contractor License No. & Class
10240 SAN SEVAINE WAY
Street Address
JURUPA VALLEY, CA 91752
City, State, Zip Code
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
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[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 10
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EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
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EXHIBIT B
CONTRACT PRICE
Seven Hundred Fifty Six Thousand Six Hundred Thirteen Dollars and Zero Cents ($765,613.00)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
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Potomac and Meadows Resurfacing Project Agreement
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Potomac and Meadows Resurfacing Project Agreement
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Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
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Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 17
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630376.2 a01/03/22
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
PMP 22-02 POTOMAC AND MEADOWS RESURFACING PROJECT
(MATERIAL TESTING SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and LEIGHTON CONSULTING, INC, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on April 6, 2022 and shall end on December 31, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWENTY SEVEN
THOUSAND SEVEN HUNDRED NINETY EIGHT DOLLARS AND ZERO
CENTS ($27,798.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees Item Title: 10.9
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection Item Title: 10.9
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the Item Title: 10.9
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: PMP 22-02 POTOMAC AND MEADOWS RESURFACING PROJECT (MATERIAL TESTING SERVICES). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
Item Title: 10.9
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Item Title: 10.9
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Item Title: 10.9
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9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Simon I. Saiid, Principal Engineer (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Kevin Bohne, (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
LEIGHTON CONSULTING, INC
Attn: Simon I. Saiid, Principal Engineer
17781 Cowan, Suite 200
Irvine, CA 92614
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kevin Bohne,
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Item Title: 10.9
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. 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.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 31
Menifee Mayor and City Council April 6, 2022
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Thomas C. Benson Jr., President/CEO
Terrance M. Brennan, Chairman of the Board
[Corporation must have two signatures]
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 32
Menifee Mayor and City Council April 6, 2022
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7630376.2 a01/03/22 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include Material Testing for PMP 22-02 Potomac and Meadows Resurfacing Project in the amount not to exceed TWENTY SEVEN THOUSAND SEVEN HUNDRED NINETY EIGHT DOLLARS AND ZERO CENTS ($27,798.00) as further detailed in the following page(s).
Item Title: 10.9
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7630376.2 a01/03/22 EXHIBIT A.
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 34
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Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 35
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -3-
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 36
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -4-
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 37
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -5-
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 38
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -6-
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 39
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A. -7-
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 40
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630376.2 a01/03/22 EXHIBIT A.
Item Title: 10.9
Potomac and Meadows Resurfacing Project Agreement
Item Page Number: 41
Menifee Mayor and City Council April 6, 2022
CITY OF MENIFEE
SUBJECT: City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone
Change
MEETING DATE: April 6, 2022
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with LSA Associates, Inc. in the amount of $35,870, for the preparation of an Addendum to the General Plan Environmental Impact Report for the Economic Development Corridor Land Use Amendment.
DISCUSSION
The City-initiated CEQA document will include an Addendum to the General Plan Environmental Impact Report for the General Plan Amendment (PLN21-0404) and Zoning Change (PLN21- 0405) for the Economic Development Corridor land use amendment. The General Plan Amendment would apply to approximately 2,880 acres of land within the City and update the land use designation definition for the Business Park (BP), Heavy Industrial (HI), and Economic Development Corridors (EDC) land uses. The land use and zoning change would propose to rezone approximately 539 acres of land in the EDC-Southern Gateway between Garbani Road and Scott Road to EDC-Community Core.
In the spring of 2019, the City’s Community Development Department issued a competitive Request for Qualifications (RFQ) for qualified firms to provide various on-call professional planning services. A selection/evaluation committee comprised of internal Community Development staff evaluated and ranked each proposal on the following criteria:
qualifications of the firm, proposed team and organization, past experiences and references, and project management system. An on-call list resulting from the RFQ was approved at the June 19, 2019 City Council meeting.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
General Plan EIR Addendum for EDC Land Use Amendment
April 6, 2022
8 8
8 For this project, a total of three proposal responses were received from MIG, LSA Associates, Inc., and Kimley-Horn. The fee proposals are outlined in Table 1 below.
Table 1
Firm Name Fee Proposal
LSA Associates $35,870
MIG $45,940
Kimley-Horn $63,000
The proposals were evaluated by Community Development staff for completeness in meeting the requested services, cost proposals, project teams, and past experiences. Through that evaluation process, it was determined that LSA Associates, Inc. provided the best proposal for the Project, at a cost of $35,870.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
FISCAL IMPACT
The fiscal impact of the proposed Professional Services Agreement with LSA Associates, Inc. for this project is $35,870. The cost would be funded from existing funds of the approved fiscal year 2021/22 adopted budget in Account No. 100-4330-52800 (Professional Services). No additional funding would be required.
ATTACHMENTS
1. Professional Services Agreement with LSA Associates, Inc.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630421.2 a01/24/22
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL CONSULTING SERIVCES FOR PLANNING CASE NUMBERS 21-0404 AND 21-0405
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and LSA ASSOCIATES, INC, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on March 2, 2022 and shall end on December 31, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630421.2 a01/24/22 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THIRTY FIVE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($35,870.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630421.2 a01/24/22 -3-
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
2671/031858-0001
7630421.2 a01/24/22 -4-
and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022