Menifee City Council
January 18, 2023

Please refer to Map and Incident by Battalion, Station, Jurisdiction City of Menifee-November 2022
Item Title: 10.4
Monthly Public Safety Reports
Item Page Number: 4
Menifee Mayor and City Council
January 18, 2023
Page
102 of 1063

False Alarm 5.5%59
Medical 79.4%849
Other Fire 0.7%7
Other Misc 0.5%5
Public Service Assist 6.8%73
Res Fire 0.2%2
Ringing Alarm 0.2%2
Standby 0.7%8
Traffic Collision 6.0%64
Total: 100.0%1,069
Response Activity
Incidents Reported for Date between 11/1/2022 and 11/30/2022 and City of Menifee And Both (Code 2, Alpha, Omega, Code 3, Charlie, Delta, Bravo, Echo) False Alarm 59
Medical 849
Other Fire 7
Other Misc 5
Public Service Assist 73
Res Fire 2
Ringing Alarm 2
Standby 8
Traffic Collision 64

5.0 +10 Minutes +20 Minutes Average
42 5
+5 Minutes
394 62.8%
% 0 to 5 min
Average Enroute to Onscene Time*
Incident Total: 1,069
671
<5 Minutes
Enroute Time = When a unit has been acknowledged as responding. Onscene Time = When a unit has been acknowledge as being on scene. For any other statistic outside Enroute to Onscene please contact the IT Help Desk at 951-940-6900 *CODE 3 and CODE 2 incidents are included in the total count of incidents and the average Enroute to Onscene Time.

*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.

Last Updated 12/4/2022 2:46:10AM
Item Title: 10.4
Monthly Public Safety Reports
Item Page Number: 5
Menifee Mayor and City Council
January 18, 2023
Page
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False
Alarm
Medical Other
Fire
Other
Misc
Public
Service
Assist
Res Fire Ringing
Alarm
Standby Traffic
Collision
Total
Battalion 1 Station 54
Homeland
City of Menifee 5 30 1 1 2 1 0 1 7 48
Station Total 5 30 1 1 2 1 0 1 7 48
Station 101
Perris City
City of Menifee 0 6 0 0 0 0 0 0 3 9
Station Total 0 6 0 0 0 0 0 0 3 9
Battalion Total 5 36 1 1 2 1 0 1 10 57
Battalion 13 Station 5 Quail
Valley
City of Menifee 6 52 0 3 4 0 0 0 7 72
Station Total 6 52 0 3 4 0 0 0 7 72
Station 7 Sun
City
City of Menifee 27 448 3 0 45 1 0 6 10 540
Station Total 27 448 3 0 45 1 0 6 10 540
Station 68
Menifee
City of Menifee 2 74 2 1 1 0 1 0 15 96
Station Total 2 74 2 1 1 0 1 0 15 96
Station 76
Menifee
Lakes
City of Menifee 19 239 1 0 21 0 1 1 22 304
Station Total 19 239 1 0 21 0 1 1 22 304
Battalion Total 54 813 6 4 71 1 2 7 54 1,012
Grand Total 59 849 7 5 73 2 2 8 64 1,069
Incidents by Battalion, Station and Jurisdiction

*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.

Last Updated 12/4/2022 2:46:10AM
Item Title: 10.4
Monthly Public Safety Reports
Item Page Number: 6
Menifee Mayor and City Council
January 18, 2023
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*Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in.

Last Updated 12/4/2022 2:46:10AM
Item Title: 10.4
Monthly Public Safety Reports
Item Page Number: 7
Menifee Mayor and City Council
January 18, 2023
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STATION ACTIVITIES AND EVENTS
11/11/2022 – Truck 76 and Battalion 13 participated in the Veterans Day Celebration. 11/05/2022 – Engine 68 and Medic Squad 07 participated in the opening of the Gayle Webb pump track.

School and Education Event Programs:
11/02/2022- Engine and Truck 76 participated in a School; event. 11/05/2022 – Engine and Truck 76 participated in the job fair event at MSJC 11/15/2022 – Engine 68, Engine 76 and Medic Patrol 07 participated in a job fair at Santa Rosa Academy.

Station Tours: No station tours

AUTO AID
Menifee to Canyon Lake 3
Canyon Lake to Menifee 1

ASSISTANCE
R

IVERSIDE COUNTY FIRE DEPARTMENT

OFFICE OF THE FIRE MARSHAL

CITY OF MENIFEE
M
ONTHLY ACTIVITY REPORT – OCTOBER 2022
Menifee Units out of City 108
Received into City 57

ACTIVITY TOTAL
Total Number of Plan Reviews Completed 84
Plan Review Turnaround Time (Goal is 10 Days) 12
Total Number of Inspections Conducted 269
Inspection Turnaround Time (Goal is within 3 Days of Contact) 2 Planning & Development Cases Reviewed 18
Weed Abatement Inspections 0
Special Event Inspections 4
Description of Significant Activities/Major Accomplishments: FSI Gutierrez promoted to FSS- to further assist in plan reviews, 69 Applications processed, Bernice out on medical leave for 6 weeks, Tree Lighting Event, Shop the Block Event, 3 Strategic Planning Cases reviewed- CEQA 3 HRs, ISMND 1.5 HRS Item Title: 10.4
Monthly Public Safety Reports
Item Page Number: 8
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January 18, 2023
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Bill Weiser
Significant Incident Report Form for City of Menifee
Fire Chief
Riverside County Fire Department/ CAL FIRE
Incident Description
0Scott
22CARRU173111 11/26/2022 12:27:00PM
Scott Rd. C/O Daily
Menifee
LRA Land
Acres Burned:Incident Name:

Incident Number: Incident Date:

Incident Location:

Incident Area:

Occupancy:

None ReportedActivated:

Fire Cause:

Total Saved:Total Lost:

Comments/Narrative
Cal Fire Riverside County Fire Department received several calls of a multi vehicle accident at the location above.

First unit at scene (T76) reported a 5 vehicle traffic collision with a total of 9 patients. An MPI was declared by the IC and a total of 5 ambulances were requested. One patient required the use of extrication tools (jaws of life) and was extricated within 9 minutes. A total of 5 patients were transported to local trauma center with minor to moderate injuries and 3 patients signed AMA. There was minor to moderate damage to one SCE power pole.

SCE was requested to the scene. No Firefighters were injured during this incident.

Injuries
0 0 3 2
0 0 0 0Fire Fighter:

Civilian:

FatalitiesMajorModerateMinor
Resources
First Due Station: 2 hoursIncident Duration:
0 0
0 5
0 0
1 3
0 15
0 0
0 0
1 1 0
Engines:

Truck Co's:

Breathing Support:

Firefighters:

Squads:

Medic Unit: Overhead Pers:

Haz Mat Units:Ambulance - Air: Chief Officers:

Fire Crews:

Water Tenders:

Bulldozers:

Air Attacks:

Air Tankers:

Helicopters:

Ambulance - Grd:
68 Menifee
Cooperating Agencies
Menifee PD
Southern California Edison
AMR x'5
Prepared By
Created By: JEFF ROBERTS11/26/2022 1:09:00PMCreated Date:

Approved By:Approved Date: 11/26/2022 1:09:00PM JEFF ROBERTS, BATTALION CHIEF

Item Title: 10.4
Monthly Public Safety Reports
Item Page Number: 9
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January 18, 2023
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Bill Weiser
Significant Incident Report Form for City of Menifee
Fire Chief
Riverside County Fire Department/ CAL FIRE
Incident Description
0CABRILLO
22CARRU175198 11/30/2022 12:41:00AM
27403 Cabrillo Dr
Menifee
Single Family Residence
Acres Burned:Incident Name:

Incident Number: Incident Date:

Incident Location:

Incident Area:

Occupancy:

None ReportedActivated:
$25,000.00 $600,000.00
Fire Cause:

Total Saved:Total Lost:

Comments/Narrative
CAL FIRE/ County of Riverside Firefighters responded to a reported vehicle into a structure. The first arriving Fire Captain reported one vehicle into the front living room of a single-story home at 27403 CABRILLO DR. There were no injuries to the residents or driver of the vehicle and no extrication was needed. A tow-truck removed the vehicle without causing further damage. The residents are displaced to local family members in the area. Menifee Building and Safety has been requested to tag the structure as it is no longer fit to occupy.

Evacuations/Displaced
2 1 3
AdultsChildrenTotal
Family NearbyEvacuation Location:

Resources
First Due Station: 1Incident Duration:
0 0
0 0
0 0
1 1
0 7
0 0
0 0
0 1 0
Engines:

Truck Co's:

Breathing Support:

Firefighters:

Squads:

Medic Unit: Overhead Pers:

Haz Mat Units:Ambulance - Air: Chief Officers:

Fire Crews:

Water Tenders:

Bulldozers:

Air Attacks:

Air Tankers:

Helicopters:

Ambulance - Grd:
76 Menifee Lakes
Prepared By
Created By: MIKE BALLINGER11/30/2022 2:20:00AMCreated Date:

Approved By:Approved Date: 11/30/2022 2:23:00AM MIKE BALLINGER, BATTALION CHIEF

Item Title: 10.4
Monthly Public Safety Reports
Item Page Number: 10
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January 18, 2023
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CITY OF MENIFEE
SUBJECT: Assembly Bill 1600 Annual Report
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Finance Manager
REVIEWED BY: Margarita Cornejo, Deputy Finance Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Receive and file the Fiscal Year (FY) 2021/2022 annual report on receipt and use of AB 1600 Development Fees.

DISCUSSION
The Mitigation Fee Act (hereafter the “Act”) is contained in the California State Government Code Section 66000 and governs the establishment and administration of Development Impact Fees (DIF). The Act requires that local agencies, within 180 days after the last day of each fiscal year, make available to the public an accounting review of these fees. This review summarizes each fee and includes the beginning balance, annual revenues and expenditures, interest earned, the ending balance and any refunds. Further, Section 66006(b)(2) requires that the local agency governing board review the information made available to the public pursuant to Section 66006(b)(1).

The fees are required to be used for new public capital facilities, which are necessitated by new development. The Act also requires that every five years, the City identify any fee revenue that has been held for more than five years without being expended.

Fiscal Year 2021/2022 Reporting:

The FY 2021/2022 Annual Reporting consists of the following attachments:

1. Description of Fees

2. Summary of Impact Fee

3. Summary of Fee Activity

4. Summary of Fee Expenditures

The reported period covers the period of July 1, 2021 through June 30, 2022.

Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 1
Menifee Mayor and City Council
January 18, 2023
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City of Menifee Staff Report
Assembly Bill 1600 Annual Report
January 18, 2023

1 3
4 9
Included with this staff report are schedules for the Road and Bridge Benefit Areas, the Local Park DIF, the Paloma Wash DIF, Area Plan 16, Area Plan 17 and the corresponding adopted citywide fees, summarized as follows:

TABLE 1: Summary of DIF Fees
Impact Fee Name/Title Resolution/Ordinance Number
Menifee Road & Bridge Area (RBBD) County Ordinance No. 659/ City Ordinance 2008-01
Scott Road & Bridge Area (RBBD) County Ordinance No. 659/ City Ordinance 2008-01
Local Park DIF (Quimby) County Ordinance No. 659/
City Ordinance 2008-01
Paloma Wash DIF County Ordinance No. 659/
City Ordinance 2008-01
Area Plan 16: Highway 74/79* County Ordinance No. 659/
City Ordinance 2008-01
Area Plan 17: Sun City/Menifee Valley* County Ordinance No. 659/ City Ordinance 2008-01
City Wide DIF (separate funds):
- Law Enforcement
- Fire
- Circulation
- Storm Drainage
- General Government
- Public Use Facilities
- Parks (Land Acquisition)
- Parks (Improvements)
- Master Planning and Nexus Analysis
- Library Facilities
Ordinance 2017-232
*These two area plans are now only available to previously approved development agreements.

On December 20, 2017 City Council adopted Ordinance 2017-232 adding Chapter 8.02 to the Menifee Municipal Code adopting updated citywide DIF in accordance with the Act. These new citywide DIF were to replace the existing fee schedule and be effective July 1, 2018 with the phasing in of the non-residential fees over a two year period.

The studies and supporting documentation presented or adopted as part of the established DIF identify the public improvements that the specific fees will be used towards. These studies also show that there is a reasonable relationship: a) between the fees used and the type of development project on which the fee is imposed.

Historically in the City of Menifee, the required governing board review of the annual report of the development impact fees has been achieved through the City Council’s acceptance of a report containing the required information.

Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 2
Menifee Mayor and City Council
January 18, 2023
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City of Menifee Staff Report
Assembly Bill 1600 Annual Report
January 18, 2023

1 3
4 9

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
There is no fiscal impact associated with this report. If reporting is not completed pursuant to the Act as noted above, the City may be required to refund fees collected.

ATTACHMENTS

1. Description of Fees

2. Summary of Impact Fee

3. Summary of Fee Activity

4. Summary of Fee Expenditures
Item Title: 10.5
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Item Title: 10.5
Assembly Bill 1600 Annual Report
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Item Title: 10.5
Assembly Bill 1600 Annual Report
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Item Title: 10.5
Assembly Bill 1600 Annual Report
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Item Title:&nbsp;10.5 Assembly Bill 1600 Annual Report
Item Page Number: 7
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Item Title:&nbsp;10.5 Assembly Bill 1600 Annual Report
Item Page Number: 8
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Item Title:&nbsp;10.5 Assembly Bill 1600 Annual Report
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Item Title:&nbsp;10.5 Assembly Bill 1600 Annual Report
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CITYWIDE DEVELOPMENT IMPACT FEES (As of January 1, 2022) Land Use Law Enf. Fire Circulation
MDP South
Storm
Drainage
Animal
Shelter
General
Govt.

Public Use
Facilities
Parks -
Land
Imp.

Parks -
Imp.

Master
Planning
and Nexus
Analyses
Library
Facilities
Total
Maximum
Justified
Single Family Unit 250$ 665$ 5,060$ 2,477$ 160$ 1,106$ 167$ 233$ 716$ 25$ 72$ 10,932$ Multi-Family Unit 183$ 490$ 3,534$ 1,363$ 118$ 815$ 122$ 172$ 528$ 18$ 52$ 7,396$ Accessory Dwelling Unit 130$ 347$ 2,035$ 1,363$ 83$ 576$ 87$ 122$ 373$ 13$ 37$ 5,167$ Senior/Assisted Living 96$ 259$ 1,953$ 1,363$ 62$ 431$ 64$ 91$ 278$ 10$ 28$ 4,636$ Commercial / Retail 63$ 464$ 8,383$ 1,759$ 133$ 284$ -$ -$ -$ 5$ -$ 11,091$ Commercial / Service / Office 83$ 607$ 6,443$ 619$ 173$ 371$ -$ -$ -$ 7$ -$ 8,302$ Industrial / Business Park 31$ 225$ 4,270$ 1,015$ 64$ 138$ -$ -$ -$ 2$ -$ 5,746$

MDP SOUTH STORM DRAIN AREA
Residential Fee Per Dwelling Unit
Nonresidential Fee Per 1,000 Sq. Ft.

Attachment B
Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 11
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January 18, 2023
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CITYWIDE DEVELOPMENT IMPACT FEES (As of January 1, 2022) Attachment B
Land Use Law Enf. Fire Circulation
Encanto Dr.

Storm
Drainage
Animal
Shelter
General
Govt.

Public Use
Facilities
Parks -
Land
Imp.

Parks -
Imp.

Master
Planning
and Nexus
Analyses
Library
Facilities
Total
Maximum
Justified
Single Family Unit 250$ 665$ 5,060$ 1,123$ 160$ 1,106$ 167$ 233$ 716$ 25$ 72$ 9,578$ Multi-Family Unit 183$ 490$ 3,534$ 618$ 118$ 815$ 122$ 172$ 528$ 18$ 52$ 6,650$ Accessory Dwelling Unit 130$ 347$ 2,035$ 618$ 83$ 576$ 87$ 122$ 373$ 13$ 37$ 4,421$ Senior/Assisted Living 96$ 259$ 1,953$ 618$ 62$ 431$ 64$ 91$ 278$ 10$ 28$ 3,890$ Commercial / Retail 63$ 464$ 8,383$ 796$ 133$ 284$ -$ -$ -$ 5$ -$ 10,128$ Commercial / Service / Office 83$ 607$ 6,443$ 281$ 173$ 371$ -$ -$ -$ 7$ -$ 7,964$ Industrial / Business Park 31$ 225$ 4,270$ 461$ 64$ 138$ -$ -$ -$ 2$ -$ 5,191$

ENCANTO DRIVE STORM DRAIN AREA
Residential Fee Per Dwelling Unit
Nonresidential Fee Per 1,000 Sq. Ft.

Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 12
Menifee Mayor and City Council
January 18, 2023
Page
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CITYWIDE DEVELOPMENT IMPACT FEES (As of January 1, 2022) Attachment B
Land Use
Law Enf. Fire Circulation
Outisde
Both Storm
Drainage
Animal
Shelter
General
Govt.

Public Use
Facilities
Parks -
Land
Imp.

Parks -
Imp.

Master
Planning
and Nexus
Analyses
Library
Facilities
Total
Maximum
Justified
Single Family Unit 250$ 665$ 5,060$ -$ 160$ 1,106$ 167$ 233$ 716$ 25$ 72$ 8,455$ Multi-Family Unit 183$ 490$ 3,534$ -$ 118$ 815$ 122$ 172$ 528$ 18$ 52$ 6,032$ Accessory Dwelling Unit 130$ 347$ 2,035$ -$ 83$ 576$ 87$ 122$ 373$ 13$ 37$ 3,803$ Senior/Assisted Living 96$ 259$ 1,953$ -$ 62$ 431$ 64$ 91$ 278$ 10$ 28$ 3,272$ Commercial / Retail 63$ 464$ 8,383$ -$ 133$ 284$ -$ -$ -$ 5$ -$ 9,332$ Commercial / Service / Office 83$ 607$ 6,443$ -$ 173$ 371$ -$ -$ -$ 7$ -$ 7,684$ Industrial / Business Park 31$ 225$ 4,270$ -$ 64$ 138$ -$ -$ -$ 2$ -$ 4,731$ OUTSIDE BOTH MDP SOUTH AND ENCANTO DR. STORM DRAIN AREAS Residential Fee Per Dwelling Unit
Nonresidential Fee Per 1,000 Sq. Ft.

Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 13
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January 18, 2023
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Attachment C
City of Menifee
Fee Fund:

Cash Balance
July 1, 2021 Impact Fees Interest Income
GASB 31
Adjustment
Project
Expenditures Admin Fee
Purchase
Orders and
Budgeted
Projects
Available
Balance @
June 30,2022
Paloma Wash 6,202$ -$ 11$ (37)$ -$ -$ -$ 6,175$ Scott Road - RBBD 1,268,156 593,967 10,962 (71,143) 385,522 - - 1,416,420 Menifee Valley - RBBD 7,893,132 1,528,544 58,166 (417,844) 400,013 - - 8,661,984 Local Parks 409,922 590,838 1,789 (7,926) 82,728 - - 911,895 Total 9,577,411$ 2,713,349$ 70,928$ (496,951)$ 868,263$ -$ -$ 10,996,474$ Fee Activity Summary (Fees imposed as Conditions of Approval) For the Year Ended June 30, 2022
Attachment "C"
Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 14
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January 18, 2023
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Attachment C
City of Menifee
Development Impact Fee Activity Summary
For the Year Ended June 30, 2022: Area Plan 16
Fee Fund:

Cash Balance
July 1, 2021 Impact Fees
Interest
Income
GASB 31
Adjustment
Project
Expenditures Admin Fee
Purchase
Orders and
Budgeted
Projects
Available
Balance @
June 30,2022
Public Facilities 125,773$ -$ 151$ (531)$ - - - 125,393$ Fire Facilities 62,335 - 96 (338) - - - 62,093$ Transportation-Signals 92,433 - 158 (554) - - - 92,037$ Regional Parks 34,209 - 47 (164) - - - 34,091$ Regional Multipurpose Trails 11,536 - 20 (69) - - - 11,486$ Library Books 13,130 - 14 (48) - - - 13,096$ Fee Program Administration 1,354 - - - - - - 1,354$ Total 340,770$ -$ 484$ (1,704)$ -$ -$ -$ 339,550$ Attachment "C"
Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 15
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January 18, 2023
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Attachment C
City of Menifee
Development Impact Fee Activity Summary
For the Year Ended June 30, 2022: Area Plan 17
Fee Fund:

Cash Balance
July 1, 2021 Impact Fees Transfers In
Interest
Income
GASB 31
Adjustment
Project
Expenditures Admin Fee
Purchase
Orders and
Budgeted
Projects
Available
Balance @
June 30,2022
Public Facilities 2,922,299$ 74,828$ -$ 2,198$ (4,989)$ 772,277$ -$ -$ 2,222,058$ Fire Facilities 3,138,910 72,100 - 16,724 (107,180) 651,533 - - 2,469,021$ Transportation-Major Improvements 3,466,874 107,778 - 33,376 (244,928) 92,318 - - 3,270,782$ Transportation-Signals 139,179 172,828 - 296 (1,012) - - - 311,291$ Regional Parks 1,545,797 33,375 - 6,094 (24,212) 1,035,757 - - 525,297$ Regional Multipurpose Trails 1,732,993 18,707 - 8,419 (42,941) 1,301,324 - - 415,855$ Library Books 2,013,689 - - 12,770 (101,348) 49,996 - - 1,875,115$ Fee Program Administration 377,168 4,500 - 1,383 (4,946) - - - 378,105$ Total 15,336,910$ 484,116$ -$ 81,259$ (531,555)$ 3,903,206$ -$ -$ 11,467,524$ Attachment "C"
Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 16
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January 18, 2023
Page
124 of 1063

Attachement C
City of Menifee
Development Impact Fee Activity Summary
For the Year Ended June 30, 2022: Citywide
Fee Fund:

Cash Balance
July 1, 2021 Impact Fees
Interest
Income
GASB 31
Adjustment
Project
Expenditures Admin Fee
Purchase
Orders and
Budgeted
Projects
Available
Balance @
June 30,2022
Public Use & Community Facility 204,935$ 137,147$ 1,923$ (20,093)$ -$ -$ -$ 323,912$ Fire Facilities 815,755 556,283 7,026 (58,103) 11,829 - - 1,309,131$ Park Improvements 621,934 589,097 5,288 (41,811) 537,385 - - 637,123$ Library Books 88,065 58,919 339 (17) - - - 147,306$ General Government (Fac,Veh,Equip) 1,395,431 914,845 11,946 (96,380) 172,843 - - 2,052,999$ Law Enforcement 315,334 207,005 3,128 (33,873) - - - 491,594$ Circulation 6,553,805 4,327,081 60,428 (509,559) 620,957 - - 9,810,798$ Storm Drain Facilities 690,561 (53,013) 6,088 (51,048) - - - 592,588$ Animal Shelter 213,037 134,588 751 (3,865) - - - 344,511$ Land Acquisition 3,441 331 - - - - - 3,772$ Master Plan & Nexus Analysis 31,257 20,332 - - - - - 51,588$ Total 10,933,554$ 6,892,614$ 96,916$ (814,748)$ 1,343,014$ -$ -$ 15,765,322$ Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 17
Menifee Mayor and City Council
January 18, 2023
Page
125 of 1063

Scott Road RBBD - Fund 410 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description

Construction
Start
Estimated
Completion
CIP20-01 Bundy Cyn/Scott Rd Widening 43% Civilpros 84,497$ Design Services 2025/26 2027/28 CIP20-05 Garbani Road/I-215 Interchange 85% Kimley-Horn & Associates 301,025$ Design Services 2030/31 2033/34 Total Expenditures 385,522$
Menifee Valley RBBD - Fund 415 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description

Construction
Start
Estimated
Completion
CIP13-03 Holland Road Overpass 43% T.Y. Lin International 330,746$ Design Services 2022/23 2023/24 CIP13-03 Holland Road Overpass 43% Southstar Engineering 69,268$ Construction 2022/23 2023/24 Total Expenditures 400,013$
Local Park - Fund 620 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description

Construction
Start
Estimated
Completion
CIP21-18 Permanent Park Restrooms 34% MTGL, Inc 11,000$ Environmental & Testing 2022/23 2022/23 CIP21-18 Permanent Park Restrooms 34% Diamond Environmental 3,312$ Fence supplies 2022/23 2022/23 CIP21-18 Permanent Park Restrooms 34% Eastern Municipal Water Dcistrict 22,102$ Sewer & water line connection, water meter 2022/23 2022/23 N/A Nova Park & Calle Tomas Trails 47% Great Western Recreation 2,626$ Playground border 2021/22 2021/22 N/A Nova Park & Calle Tomas Trails 47% Game Time 35,108$ Play Trail Equipment 2021/22 2021/22 CIP17-01 Evans Park Acquisition, Design, & Con. 1% Paleowest, LLC 8,580$ Cultural & Paleontological services 2022/23 2022/23 Total Expenditures 82,728$
DIF - 17 Public Facilities - Fund 507 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
CIP16-13 City Public Works Yard 88% Wallace & Associates 873$ Labor Compliance 2020/21 2021/22 CIP19-15 Central Park Amphitheatre 95% T.Y. Lin International 365,700$ Design 2022/23 2023/24 CIP19-16 Lazy Creek Campus Improvements 28% Dennis Janda, INC 825$ Survey & Mapping services 2020/21 2021/22 CIP19-16 Lazy Creek Campus Improvements 28% Sky Technology Solutions 2,786$ Building Improvements 2020/21 2021/22 CIP19-16 Lazy Creek Campus Improvements 28% Optima RPM, Inc 397,513$ Campus Improvements 2020/21 2021/22 CIP19-16 Lazy Creek Campus Improvements 28% Southern California News Group 1,900$ Project advertising 2020/21 2021/22 CIP19-16 Lazy Creek Campus Improvements 28% Southern California Edison 2,681$ Electric meter 2020/21 2021/22 Total Expenditures 772,277$
Attachment D
City of Menifee
Impact Fee Expenditures
For Fiscal Year 2021-2022
Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 18
Menifee Mayor and City Council
January 18, 2023
Page
126 of 1063

Attachment D
City of Menifee
Impact Fee Expenditures
For Fiscal Year 2021-2022
DIF - 17 Fire Facilities Fund 508 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
CIP21-04 New Fire Station #5 100% Cannon Design 623,439$ Design Services 2022/23 2023/24 CIP21-04 New Fire Station #5 100% Wallace & Associates 7,699$ Labor compliance services 2022/23 2023/24 CIP21-04 New Fire Station #5 100% Gary F. Hoyt Landscape 2,520$ Landscape construction services 2022/23 2023/24 CIP21-04 New Fire Station #5 100% Southern California News Group 860$ Project advertising 2022/23 2023/24 CIP21-04 New Fire Station #5 100% City of Menifee 17,014$ MSHCP Fees 2022/23 2023/24 Total Expenditures 651,533$
DIF - 17 Roads - Fund 509 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
CIP13-04 Bradley Bridge 100% NV5 Inc. 89,005$ Design Services 2023/24 2025/26 CIP13-04 Bradley Bridge 100% State Water Resource Control Board 2,031$ Permit Fee 2023/24 2025/26 CIP13-04 Bradley Bridge 100% Riverside County Flood Control 1,282$ Plan Review 2023/24 2025/26 Total Expenditures 92,318$
DIF - 17 Signals - Fund 510 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
N/A
Total Expenditures -$
DIF - 17 Parks - Fund 511 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
CIP21-18 Permanent Restrooms 66% Kimley-Horn Associates 71,269$ Design Services 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 37% KOA Corporation 1,880$ Pump Track Design 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 37% Helix Environmental, Inc. 70,716$ Environmental Consultant 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 37% American Ramp Company 292,605$ Construction 2021/22 2022/23 CIP19-16 Lazy Creek Campus Improvements 41% Optima RPM, Inc 599,287$ Building Improvements 2020/21 2021/22 Total Expenditures 1,035,757$
Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 19
Menifee Mayor and City Council
January 18, 2023
Page
127 of 1063

Attachment D
City of Menifee
Impact Fee Expenditures
For Fiscal Year 2021-2022
DIF - 17 Trails - Fund 512 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
CIP17-01 Evans Park Design & Construction 29% Helix Environmental 63,894$ Environmental Consultant 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 29% Diamond Environmental 297$ Environmental Consultant 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 29% Souther California News Group 471$ Project advertising 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 29% Eastern Municipal Water District 1,989$ Pump Truck water usuage 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 29% Soboba Band of Luiseno Indians 4,351$ Monitoring services 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 29% Riverside County Recorder 2,598$ Project recordings 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 29% Paleowest, LLC 308$ Cultural & Paleontological services 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 29% American Ramp Company 213,602$ Construction 2021/22 2022/23 CIP20-04 Paloma Wash Trail Improvements 63% Gary F. Hoyt Landscape 3,198$ Landscape Construction Services 2021/22 2022/23 CIP20-04 Paloma Wash Trail Improvements 63% Riverside County Flood Control 1,813$ Encroachment & Inspection 2021/22 2022/23 CIP20-04 Paloma Wash Trail Improvements 63% Hillcrest Contracting 1,007,701$ Construction 2021/22 2022/23 CIP20-13 Paloma Wash Pedestrian Bridge 100% Engineering Resources of Southern Cali 1,103$ Design 2023/24 2024/25 Total Expenditures 1,301,324$
DIF - 17 Library - Fund 513 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
N/A Library Books 100% Riverside County 49,996$ Reimbursement for Library Book Purchases 2021/22 2021/22 Total Expenditures 49,996$
DIF - 17 Administration - Fund 514 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
N/A
Total Expenditures -$
New DIF Fire Facilities - Fund 521 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
CIP21-03 Fire Station #68 Remodel 100% TR Design Group 10,108$ Design 2022/23 2022/23 CIP21-03 Fire Station #68 Remodel 100% Southern California News Group 1,599$ Project advertising 2022/23 2022/23 CIP21-03 Fire Station #68 Remodel 100% City of Menifee 121$ MSHCP Fee 2022/23 2022/23 Total Expenditures 11,829$
Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 20
Menifee Mayor and City Council
January 18, 2023
Page
128 of 1063

Attachment D
City of Menifee
Impact Fee Expenditures
For Fiscal Year 2021-2022
New DIF Park Improvements - Fund 522 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
CIP17-01 Evans Park Design & Construction 33% American Ramp Company 317,585$ Construction 2021/22 2022/23 CIP17-01 Evans Park Design & Construction 33% Soboba Band of Luiseno Indians 1,553$ Monitoring services 2021/22 2022/23 CIP19-16 Lazy Creek Campus Improvements 15% Wallace & Associates 1,600$ Labor compliance services 2021/22 2021/22 CIP19-16 Lazy Creek Campus Improvements 15% Roadway Engineering 213,940$ Construction 2020/21 2021/22 CIP19-16 Lazy Creek Campus Improvements 15% Geocon 2,708$ Sub-Grade/Base testing and repair 2020/21 2021/22 Total Expenditures 537,385$
New DIF Circulation - Fund 526 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
CIP21-07 Menifee Rd/La Piedra Traffic Signal 100% STC Traffic, Inc. 7,045$ Design Services 2021/22 2022/23 CIP21-07 Menifee Rd/La Piedra Traffic Signal 100% Calpromax Engineering 66,168$ Construction 2021/22 2022/23 CIP21-07 Menifee Rd/La Piedra Traffic Signal 100% Riverside County Recorder 50$ Project recordings 2021/22 2022/23 CIP21-07 Menifee Rd/La Piedra Traffic Signal 100% Southern California News Group 1,022$ Project advertising 2021/22 2022/23 CIP21-07 Menifee Rd/La Piedra Traffic Signal 100% Wallace & Associates 320$ Labor compliance services 2021/22 2022/23 CIP21-07 Menifee Rd/La Piedra Traffic Signal 100% Southern California Edison 1,467$ Project electric meter installation 2021/22 2022/23 CIP21-09 Murrieta Rd/Sun City Blvd. Traffic Signal 80% Rick Engineering 6,200$ Project Management 2021/22 2022/23 CIP21-09 Murrieta Rd/Sun City Blvd. Traffic Signal 80% L. C. Paving 56,811$ Construction 2021/22 2022/23 CIP21-09 Murrieta Rd/Sun City Blvd. Traffic Signal 80% Riverside County Recorder 50$ Project recordings 2021/22 2022/23 CIP21-10 Murrieta Rd.Rouse Rd Traffic Signal 100% STC Traffic, Inc. 4,747$ Design Services 2021/22 2022/23 CIP21-10 Murrieta Rd.Rouse Rd Traffic Signal 100% Riverside County Recorder 50$ Project recordings 2021/22 2022/23 CIP21-10 Murrieta Rd.Rouse Rd Traffic Signal 100% Southern California Edison 9,275$ Electric line extension 2021/22 2022/23 CIP21-10 Murrieta Rd.Rouse Rd Traffic Signal 100% Southern California News Group 1,022$ Project advertising 2021/22 2022/23 CIP21-10 Murrieta Rd.Rouse Rd Traffic Signal 100% Calpromax Engineering 72,533$ Construction 2021/22 2022/23 CIP21-10 Murrieta Rd.Rouse Rd Traffic Signal 100% Riverside County TLMA 240$ Traffic Signal inspection 2021/22 2022/23 CIP21-10 Murrieta Rd.Rouse Rd Traffic Signal 100% Wallace & Associates 320$ Labor compliance services 2021/22 2022/23 CIP21-11 Menifee Rd.Garbani Rd Traffic Signal 100% Kimley-Horn and Associates 8,646$ Design Services 2021/22 2022/23 CIP21-11 Menifee Rd.Garbani Rd Traffic Signal 100% Roadway Engineering 176,850$ Construction 2021/22 2022/23 CIP21-11 Menifee Rd.Garbani Rd Traffic Signal 100% NV5 Inc 8,291$ Material Testing 2021/22 2022/23 CIP21-11 Menifee Rd.Garbani Rd Traffic Signal 100% Anser Advisory 4,048$ Labor compliance services 2021/22 2022/23 CIP21-11 Menifee Rd.Garbani Rd Traffic Signal 100% Southern California Edison 11,479$ Electric line extension 2021/22 2022/23 CIP21-11 Menifee Rd.Garbani Rd Traffic Signal 100% Riverside County Recorder 50$ Project recordings 2021/22 2022/23 CIP21-11 Menifee Rd.Garbani Rd Traffic Signal 100% Southern California News Group 1,958$ Project advertising 2021/22 2022/23 CIP22-02 Valley Blvd. Widening 100% Dennis Janda, Inc 44,330$ Topographical survey services 2025/26 2026/27 CIP22-02 Valley Blvd. Widening 100% Dokken Engineering 79,064$ Design Services/Preliminary Engineering 2025/26 2026/27 CIP22-15 Antelope Rd/MSJC Traffic Signal 100% Kimley-Horn and Associates 43,822$ Design Services 2022/23 2023/24 CIP22-15 Antelope Rd/MSJC Traffic Signal 100% C Below 13,030$ Sub-surface Utility Investigation 2022/23 2023/24 CIP22-15 Antelope Rd/MSJC Traffic Signal 100% Dennis Janda, Inc 2,070$ Topographical survey services 2022/23 2023/24 Total Expenditures 620,957$
Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 21
Menifee Mayor and City Council
January 18, 2023
Page
129 of 1063

Attachment D
City of Menifee
Impact Fee Expenditures
For Fiscal Year 2021-2022
New DIF Master Drainage - Fund 527 Percent
Project
Number Project
Funded by
DIF* Vendor Amount Description
Estimated
Construction
Start
Estimated
Completion
N/A
Total Expenditures -$
*Percent of the current fiscal year expenditures for this project that are funded by DIF Item Title: 10.5
Assembly Bill 1600 Annual Report
Item Page Number: 22
Menifee Mayor and City Council
January 18, 2023
Page
130 of 1063

CITY OF MENIFEE
SUBJECT: Resolution of Intention for Community Facilities District 2017- 1, Annexation No. 19, Popeye’s
MEETING DATE: January 18, 2023
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 DMSD Cajun Properties, LLC, PLN 22-0199 located south of Newport Road just east of Winter Hawk Road into Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1” or “CFD”) as Annexation Area No. 19; and

2. Adopt a Resolution of Intention to add Annexation Area No. 19 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 March 1, 2023.

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.

DMSD Cajun Properties, LLC (“Owner”) is the Owner of Popeyes Newport, PLN 22-0199 (“PLN 22-0199”), which consists of approximately 0.96 gross acres of a vacant lot which to be developed into a Popeye’s restaurant. The property is located south of Newport Road just east of Winter Hawk Road, as shown in the attached project location map.

The Owner has requested that the City assist it in annexing PLN 22-0199 into CFD 2017-1 to cover the costs associated with the maintenance of public improvements. The area proposed for annexation would be designated “Annexation No. 19,” and would include property within PLN 22- 0199, to include Popeyes restaurant. Per the Owner’s request, the City would establish a rate and Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 1
Menifee Mayor and City Council
January 18, 2023
Page
131 of 1063

City of Menifee Staff Report
CFD 2017-1 Annex 19 – Popeye’s
January 18, 2023

1 3
3 2
method of apportionment and authorize the levy of special taxes on the taxable property within Annexation Area No. 19 to pay for those services.

Annexation Area No. 19 would have a maximum annual tax of $2,995 per acre and would be included in CFD No. 2017-1 as “Tax Zone 19.” 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 attached CFD Maintenance Site Plan Exhibit is to illustrate which services are being maintained by the CFD.

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 PLN 22-0199 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 March 1, 2023, and at that time the Council would formally consider approval of the Annexation No. 19.

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 development that there would be an annual collection of special tax revenues of approximately $2,875 to be used to pay for maintenance costs.

On June 1 of each year, every taxable acre 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 2
Menifee Mayor and City Council
January 18, 2023
Page
132 of 1063

City of Menifee Staff Report
CFD 2017-1 Annex 19 – Popeye’s
January 18, 2023

1 3
3 2

ATTACHMENTS

1. Project Location Map

2. Resolution of Intention and Exhibits

3. CFD Maintenance Site Plan Exhibit
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 3
Menifee Mayor and City Council
January 18, 2023
Page
133 of 1063

WINTER
HAWK
RD

NEWPORT RD
EVANS
RD

LANDS END WAY
W
INGATE
LN

CACTUS CREEK WAY
RIM

CREEK PATH
^_EVANSRD

GARBANI RD

NEWPORT RD

MURRIETARD

MENIFEE
RD

BRADLEY RD

AUDIE MURPHY RD

MCCALL BLVD

PALOMA WAY

PACKARD ST

RIDGEMOOR RD

BALDY PEAK DR BRADLEY
RD
§¨¦215
CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 19

PROJECT MAP
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 4
Menifee Mayor and City Council
January 18, 2023
Page
134 of 1063

1 RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ,

DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017- 1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED (ANNEXATION NO. 19) 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. 17-654 establishing Community Facilities District No. 2017-1 (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 received 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 that the City Council of the City of Menifee, California, acting as the Legislative Body of Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, determined 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 conduct 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 C ouncil 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 facilities 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 M aps of Assessment and Community Facilities Districts, at Page 69, and as Document No. 2017-0465706 in the official records of the County of Riverside, as amended by the following:

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 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017-0465707 in the official records Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 5
Menifee Mayor and City Council
January 18, 2023
Page
135 of 1063

Resolution of Intention Annex 19
Resolution No. 23-
2 of the County of 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. 19, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the Acting 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 Acting 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, March 1, 2023 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 proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.

Section 11. Notice of Public Hearing. The Acting 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.

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 6
Menifee Mayor and City Council
January 18, 2023
Page
136 of 1063

Resolution of Intention Annex 19
Resolution No. 23-
3 Section 12. Mailing Ballots. In anticipation of its action on Wednesday , March 1, 2023, 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 Acting 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.

PASSED, APPROVED AND ADOPTED this ____ day of _______, 2023

___________________________
Bill Zimmerman, Mayor

Attest:

___________________________
Kay Vinson, Acting City Clerk

Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 7
Menifee Mayor and City Council
January 18, 2023
Page
137 of 1063

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. 19 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APN).

Assessor Parcel Number(s) Owner Name
360-020-029 DMSD Cajun Properties

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 8
Menifee Mayor and City Council
January 18, 2023
Page
138 of 1063

EXHIBIT B

DESCRIPTION OF AUTHORIZED SERVICES

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 9
Menifee Mayor and City Council
January 18, 2023
Page
139 of 1063

City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services)

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 lan dscaped 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) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as loc al 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 10
Menifee Mayor and City Council
January 18, 2023
Page
140 of 1063

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 11
Menifee Mayor and City Council
January 18, 2023
Page
141 of 1063

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, 201 8, 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 admin istrative 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 buil ding 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 12
Menifee Mayor and City Council
January 18, 2023
Page
142 of 1063

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 s uch 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 Ci ty 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 se rvices 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 determin ed in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 13
Menifee Mayor and City Council
January 18, 2023
Page
143 of 1063

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 tha t 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 f orth in the documents adopted by the City Council at the time the CFD was formed as identified in Appendix B.

“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 light ing 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) Administ rative Expenses. Under no circu mstances 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 14
Menifee Mayor and City Council
January 18, 2023
Page
144 of 1063

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 exc lusive 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 Prope rty 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 Un its 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 15
Menifee Mayor and City Council
January 18, 2023
Page
145 of 1063

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 nu mber 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 M aximum 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, t he 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 an d 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 16
Menifee Mayor and City Council
January 18, 2023
Page
146 of 1063

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, 201 9 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 17
Menifee Mayor and City Council
January 18, 2023
Page
147 of 1063

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, 201 9 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 Cate gory. T he 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 18
Menifee Mayor and City Council
January 18, 2023
Page
148 of 1063

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, 201 9 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 S pecial 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 19
Menifee Mayor and City Council
January 18, 2023
Page
149 of 1063

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 s hall 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 a ggregate 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 S pecial 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 Maxi mum 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 20
Menifee Mayor and City Council
January 18, 2023
Page
150 of 1063

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 t he 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 o wner, 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 21
Menifee Mayor and City Council
January 18, 2023
Page
151 of 1063

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 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 19.

TAX ZONE 19 (SERVICES)
PLN 22-0199
Item Description Estimated Cost
1 Landscaping $657
2 Lighting $185
3 Streets $744
4 Reserves $153
5 Administration $1,136
Total $2,875
Special Tax B Contingent Services – 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 19.

TAX ZONE 19
FY 2023-24 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed Acre $2,995 $0
Approved Acre $2,995 $0
Undeveloped Acre $2,995 $0

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 22
Menifee Mayor and City Council
January 18, 2023
Page
152 of 1063

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 $3,588 $1,646 Briggs & 74, LLC 11 To Be Determined
12 2022-23 TR 37408 &
TR 37409 1,022 SFR RU $963 $5 BLC Fleming LLC
13 2022-23 TR 36803 80 SFR RU $556 $171 FPG Sun Menifee 80 LLC 14 2022-23 TR 32628 303 SFR RU $281 $45 FPG Tricon Menifee Property LLC
15 2022-23 PLN 20-0167 9.92 MFR/NR Acre $3,865 $2,375 Boulders Menifee LLC 16 2022-23 LLA 17-007 12.48 MFR Acre $3,273 $2,119 Jefferson Menifee, LLC 17 2023-24 PM 37145 4.82 NR Acre $3,137 $0 VSK Investments, LLC 18 To Be Determined
19 2023-24 PLN 22-0199 0.96 NR Acre $2,995 $0 DSMD Cajun Properties

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 19 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 23
Menifee Mayor and City Council
January 18, 2023
Page
153 of 1063

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 A ct, 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 e lectrical 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, parkw ays, 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; maintenanc e 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 C FD 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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 24
Menifee Mayor and City Council
January 18, 2023
Page
154 of 1063

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: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 25
Menifee Mayor and City Council
January 18, 2023
Page
155 of 1063

EXHIBIT D

ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 26
Menifee Mayor and City Council
January 18, 2023
Page
156 of 1063

WINTER HAWK RD

NEWPORT RD

WINGATE LN
CACTUS
CREE
K WAY
360-020-029
ANNEXATION MAP NO. 19
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET

T H I S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY O F R I V E R S I D E , S T A T E O F C A L I F O R N I A .

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 69 AND
AS INSTRUMENT NO. 2017-0465706 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
S T A T E O F C A L I F O R N I A .

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY

OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE

CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________

CITY CLERK

C IT Y OF MENIF EE
FILED THIS ____ DAY OF _______________, 20____ AT
T H E H O U R O F _ _ _ _ O ' C L O C K _ _ M I N B O O K _ _ _ _ _

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
D I S T R I C T S A T P A G E _ _ _ _ _ _ I N T H E O F F I C E O F T H E

COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE,
ST ATE OF CALIFORNIA.

FEE: _____________ NO.: ______________________

PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________

DEP UT Y

FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS _______ DAY OF _________________, 20___.
___________________________________

CITY CLERK

C IT Y OF MENIF EE

CFD 2017-1
TAX ZONE 19
^_
·|}þ74
§¨¦
215
§¨¦
15 ·|}þ79

MENIFEE

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2022-23.
-
LEGEND

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

XXX-XXX-XXX ASSESSOR PARCEL NUMBER
19 TAX ZONE
19 Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 27
Menifee Mayor and City Council
January 18, 2023
Page
157 of 1063

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 28
Menifee Mayor and City Council
January 18, 2023
Page
158 of 1063

EXHIBIT E

PETITION

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 29
Menifee Mayor and City Council
January 18, 2023
Page
159 of 1063

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 30
Menifee Mayor and City Council
January 18, 2023
Page
160 of 1063

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 31
Menifee Mayor and City Council
January 18, 2023
Page
161 of 1063

INSERT EXHIBIT A: LEGAL DESCRIPTION
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 32
Menifee Mayor and City Council
January 18, 2023
Page
162 of 1063

INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 33
Menifee Mayor and City Council
January 18, 2023
Page
163 of 1063

Tax Map 26765 Newport Rd, Menifee, CA 92584
Tax Map 26765 Newport Rd, Menifee, CA 92584 5/18/2020 Page 1 (of 1) ©2005-2020 First American Financial Corporation and/or its affiliates. All rights reserved.

Limitation of Liability for Informational Report
IMPORTANT – READ CAREFULLY:THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN’S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR

WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS-IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN’S SOLE LIABILITY FOR ANY LOSS OR

DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT’S USE OF THE INFORMATION HEREIN.

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 34
Menifee Mayor and City Council
January 18, 2023
Page
164 of 1063

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 35
Menifee Mayor and City Council
January 18, 2023
Page
165 of 1063

EXHIBIT F

NOTICE OF PUBLIC HEARING

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 36
Menifee Mayor and City Council
January 18, 2023
Page
166 of 1063

NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 19)

NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on January 18, 2023 adopted its Resolution No. 2023-__, in which it declared its intention to annex territory to existing Community Facilities District No. 201 7-1 (Maintenance Services) (the "CFD No. 201 7-1"), 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, March 1, 2023 in the City Council Chambers located at 29 844 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 terri tory to CFD No. 201 7-1. 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 March 1, 2023 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for par ticipating 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: ____________, 2023 _________________________________________ Acting City Clerk of the City of Menifee
PUB: ____________, 2023

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 37
Menifee Mayor and City Council
January 18, 2023
Page
167 of 1063

EXHIBIT G
BALLOT

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 38
Menifee Mayor and City Council
January 18, 2023
Page
168 of 1063

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 19

(March 1, 2023)
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 Landowner Number of Acres Owned Total Votes
DMSD Cajun Properties 0.96 1

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 pr operty 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 Acting 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 si gned 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 Acting 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 February 15 , 2023, 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 Acting City Clerk at any time up to 5:00 p.m. on March 1, 2023, 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 March 1, 2023.

Very truly yours,

Kay Vinson
Acting City Clerk
City of Menifee
Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 39
Menifee Mayor and City Council
January 18, 2023
Page
169 of 1063

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

DMSD Cajun Properties
Attn: Dawood Beshay
41760 Ivy Street, Suite 201
Murrieta, CA 92562
360-020-029

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. 20 17-1 (Maintenance Services) adopted by the City Council on January 18, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 19 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__.

Dawood Beshay
Managing Member

Signature

Print Name

Item Title: 10.6
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 40
Menifee Mayor and City Council
January 18, 2023
Page
170 of 1063

EV/CLEAN AIR

NOPARKING

NOPARKING
CL
6N00°14'35"E 232.28'N00°14'30"E 232.28'
N89°53'00"E 180.43'
N89°53'00"E 180.43'N00°14'30"E 20.00'
30X48

NEWPORT ROAD
POPEYES LITTLE LEAGUECFD MAINTENTANCESITE PLAN EXHIBITSHEET 1OF 1DATE: 11/21/22

CFD MAINTENTANCE AREASIDEWALK
STREET TREE 956 S.F. = 0.02 ACSTREETSCAPE1,968 S.F. = 0.04 AC4 EASTREET LIGHT1 EACITY STD. 50312 STREET IMPROVEMENT 10,558 S.F. =.24 AC180 L.F.

Item Title:&nbsp;10.6 Resolution of Intention for Community Facilities District 2017-1, Annexation No. 19, Popeyes Item Page Number: 41
Menifee Mayor and City Council&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;January 18, 2023&nbsp;Page&nbsp;171 of 1063

CITY OF MENIFEE
SUBJECT: Resolution of Intention for Community Facilities District 2017- 1, Annexation No. 17, On Deck
MEETING DATE: January 18, 2023
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 VSK Investments, LLC, PM 37145 located east of I-215 on the northwest corner of Highway 74 and Trumble Road to annex into Community Facilities District No. 2017- 1 (Maintenance Services) (CFD No. 2017-1) as Annexation Area No. 17; and

2. Adopt a Resolution of Intention to add Annexation Area No. 17 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 March 1, 2023.

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.

VSK Investments, LLC (Owner) is the owner of On Deck Center, PM 37145, which consists of approximately 4.82 gross acres of a vacant lot which would include commercial lots and a hotel.

The property is located east of I-215 on the northwest corner of Highway 74 and Trumble Road, as shown in the attached project location map.

The Owner has requested that the City assist it in annexing PM 37145 into CFD 2017-1 to cover the costs associated with the maintenance of public improvements. The area proposed for annexation would be designated “Annexation No. 17,” and would include property within PM 37145, to include a gas station, car wash, fast food restaurant, and a hotel. Per the Owner’s Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 1
Menifee Mayor and City Council
January 18, 2023
Page
172 of 1063

City of Menifee Staff Report
CFD 2017-1 Annex 17 – On Deck
January 18, 2023

1 3
3 1
request, the City would establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation Area No. 17 to pay for those services.

Annexation Area No. 17 would have a maximum annual tax of $3,137 per acre and would be included in CFD No. 2017-1 as “Tax Zone 17.” 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 CFD No. 2017-1. The attached CFD Maintenance Site Plan Exhibit is to illustrate which services are being maintained by the CFD.

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 PM 37145 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 March 1, 2023, and at that time the Council would formally consider approval of the Annexation No. 17.

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 development that there would be an annual collection of special tax revenues of approximately $15,122 to be used to pay for maintenance costs.

On June 1 of each year, every taxable acre 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 2
Menifee Mayor and City Council
January 18, 2023
Page
173 of 1063

City of Menifee Staff Report
CFD 2017-1 Annex 17 – On Deck
January 18, 2023

1 3
3 1

ATTACHMENTS

1. Project Location Map

2. Resolution of Intention and Exhibits

3. CFD Maintenance Site Plan Exhibit
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 3
Menifee Mayor and City Council
January 18, 2023
Page
174 of 1063

·|}þ74
§¨¦
215

SHERMAN
RD

WATSON RD

TRUMBLE
RD
CASE
RD
^_

CHAMBER S AVE

ROUSE RD

WATSON RD

MCCALL BLVD

SHERMAN RD

PALOMA WAY

PACKARD ST

MATTHEWS
RD

EVANS RD

BRADLEY
RD
§¨¦215
·|}þ74
CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 17

PROJECT MAP
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 4
Menifee Mayor and City Council
January 18, 2023
Page
175 of 1063

1 RESOLUTION NO. 23-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ,

DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017- 1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED (ANNEXATION NO. 17) 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. 17-654 establishing Community Facilities District No. 2017-1 (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 received 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 that the City Council of the City of Menifee, California, acting as the Legislative Body of Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, determined 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 conduct p roceedings 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 facilities district is known as “Community Facilities District No. 2017-1 (Maintenance Services).” Section 3. Description of Territory Included in Existing CFD No. 201 7-1. 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 M aps of Assessment and Community Facilities Districts, at Page 69, and as Document No. 2017-0465706 in the official records of the County of Riverside, as amended by the following:

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 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017-0465707 in the official records Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 5
Menifee Mayor and City Council
January 18, 2023
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Resolution of Intention Annex 17
Resolution No. 23-
2 of the County of 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. 17, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the Acting 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 Acting 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, March 1, 2023 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 proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.

Section 11. Notice of Public Hearing. The Acting 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.

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 6
Menifee Mayor and City Council
January 18, 2023
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177 of 1063

Resolution of Intention Annex 17
Resolution No. 23-
3 Section 12. Mailing Ballots. In anticipation of its action on Wednesday , March 1, 2023, 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 Acting 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.

PASSED, APPROVED AND ADOPTED this ____ day of _______, 2023

___________________________
Bill Zimmerman, Mayor

Attest:

___________________________
Kay Vinson, Acting City Clerk

Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 7
Menifee Mayor and City Council
January 18, 2023
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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. 17 is currently comprised of two (2) parcels, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APN).

Assessor Parcel Number(s) Owne r Name
329-020-009 VSK Investments, LLC
329-020-022 VSK Investments, LLC

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 8
Menifee Mayor and City Council
January 18, 2023
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EXHIBIT B

DESCRIPTION OF AUTHORIZED SERVICES

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 9
Menifee Mayor and City Council
January 18, 2023
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City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services)

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 lan dscaped 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) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as loc al 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 10
Menifee Mayor and City Council
January 18, 2023
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181 of 1063

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 11
Menifee Mayor and City Council
January 18, 2023
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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, 201 8, 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 admin istrative 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 be en 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 12
Menifee Mayor and City Council
January 18, 2023
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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 determin ed in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 13
Menifee Mayor and City Council
January 18, 2023
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184 of 1063

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 tha t 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 f orth in the documents adopted by the City Council at the time the CFD was formed as identified in Appendix B.

“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 light ing 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) Administ rative Expenses. Under no circu mstances 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 14
Menifee Mayor and City Council
January 18, 2023
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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 exc lusive 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 Prope rty 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 Un its 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 15
Menifee Mayor and City Council
January 18, 2023
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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 nu mber 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 M aximum 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, t he 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 an d 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 16
Menifee Mayor and City Council
January 18, 2023
Page
187 of 1063

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, 201 9 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 17
Menifee Mayor and City Council
January 18, 2023
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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 a nnexed 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, 201 9 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 Cate gory. 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 propert y 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 18
Menifee Mayor and City Council
January 18, 2023
Page
189 of 1063

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, 201 9 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 S pecial Tax A shall be levied Proportionately on all Assessor’s Parcels of Deve loped Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;

Second: I f additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall b e levied Proportionately on each Parcel of Approved Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 19
Menifee Mayor and City Council
January 18, 2023
Page
190 of 1063

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 s hall 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 a ggregate 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 S pecial 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: I f 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 Appro ved 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 20
Menifee Mayor and City Council
January 18, 2023
Page
191 of 1063

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 t he 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 o wner, 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 21
Menifee Mayor and City Council
January 18, 2023
Page
192 of 1063

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 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 17.

TAX ZONE 17 (SERVICES)
PM 37145
Item Description Estimated Cost
1 Landscaping $4,437
2 Lighting $738
3 Streets $2,064
4 Drainage $4,923
5 Reserves $1,608
6 Administration $1,352
Total $15,122
Special Tax B Contingent Services – 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 17.

TAX ZONE 17
FY 2023-24 MAXIMUM SPECIAL TAX RATES
L
and Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed Acre $3,137 $0
Approved Acre $3,137 $0
Undeveloped Acre $3,137 $0
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 22
Menifee Mayor and City Council
January 18, 2023
Page
193 of 1063

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 $3,588 $1,646 Briggs & 74, LLC 11 To Be Determined
12 2022-23 TR 37408 &
TR 37409 1,022 SFR RU $963 $5 BLC Fleming LLC
13 2022-23 TR 36803 80 SFR RU $556 $171 FPG Sun Menifee 80 LLC 14 2022-23 TR 32628 303 SFR RU $281 $45 FPG Tricon Menifee Property LLC
15 2022-23 PLN 20-0167 9.92 MFR/NR Acre $3,865 $2,375 Boulders Menifee LLC 16 2022-23 LLA 17-007 12.48 MFR Acre $3,273 $2,119 Jefferson Menifee, LLC 17 2023-24 PM 37145 4.82 NR Acre $3,137 $0 VSK Investments, LLC 18 To Be Determined
19 2023-24 PLN 22-0199 0.96 NR Acre $2,995 $0 DSMD Cajun Properties

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 19 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 23
Menifee Mayor and City Council
January 18, 2023
Page
194 of 1063

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 A ct, 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 e lectrical 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, parkw ays, 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; maintenanc e 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 C FD 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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 24
Menifee Mayor and City Council
January 18, 2023
Page
195 of 1063

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: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 25
Menifee Mayor and City Council
January 18, 2023
Page
196 of 1063

EXHIBIT D

ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 26
Menifee Mayor and City Council
January 18, 2023
Page
197 of 1063

·|}þ74

TRUMBLE RD
329-020-022
329-020-009
ANNEXATION MAP NO. 17
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET

T H I S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY O F R I V E R S I D E , S T A T E O F C A L I F O R N I A .

THE BOUNDARIES OF WHICH COMMUNITY FACILITIES

DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP

THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 69 AND
AS INSTRUMENT NO. 2017-0465706 IN THE OFFICE OF THE

COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
S T A T E O F C A L I F O R N I A .

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY

OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE

CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________

CITY CLERK

C IT Y OF MENIF EE

FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS _______ DAY OF _________________, 20___.
___________________________________

CITY CLERK

C IT Y OF MENIF EE
FILED THIS ____ DAY OF _______________, 20____ AT
T H E H O U R O F _ _ _ _ O ' C L O C K _ _ M I N B O O K _ _ _ _ _

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
D I S T R I C T S A T P A G E _ _ _ _ _ _ I N T H E O F F I C E O F T H E

COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE,
ST ATE OF CALIFORNIA.

FEE: _____________ NO.: ______________________

PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY
CFD 2017-1
TAX ZONE 17
^_·|}þ74
§¨¦
215
§¨¦
15 ·|}þ79

MENIFEE

THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR

PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS

CONCERNING THE LINES AND DIMENSIONS OF LOTS OR

PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2022-23.
-
LEGEND

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

XXX-XXX-XXX ASSESSOR PARCEL NUMBER
17 TAX ZONE
17 Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 27
Menifee Mayor and City Council
January 18, 2023
Page
198 of 1063

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 28
Menifee Mayor and City Council
January 18, 2023
Page
199 of 1063

EXHIBIT E

PETITION

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 29
Menifee Mayor and City Council
January 18, 2023
Page
200 of 1063

PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) OF PROPERTY WITHIN THE CITY OF MENIFEE AND

A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO

THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO

BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT

1. The undersigned requests that the City Council of the City of Menifee, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2017-1 (Maintenance Services) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the Community Facilities District.

2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.

3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District described in Exhibit A hereto and as shown on the map Exhibit B hereto.

4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed annexation into Community Facilities District No. 2017-1. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2017-1 or at the next available meeting.

5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.

6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2017-1 of the portion of the incorporated Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 30
Menifee Mayor and City Council
January 18, 2023
Page
201 of 1063

area of the City of Menifee or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.

IN WITNESS WHEREOF, I hereunto set my hand this 4 day of JANUARY , 20 23____.

[NAME OF LANDOWNER]

By:

Name: Sunny Goyal
Title: Memeber

OWNER'S PROPERTY:

TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.

OWNER'S MAILING ADDRESS:

41805 Albrae Street

Fremont, CA 94538

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF MENIFEE THIS DAY OF , 20 .

City Clerk of the City Council of the City of
Menifee

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 31
Menifee Mayor and City Council
January 18, 2023
Page
202 of 1063

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 32
Menifee Mayor and City Council
January 18, 2023
Page
203 of 1063

EXHIBIT “A”

LEGAL DESCRIPTION

PARCELS OF LAND BEING PARCELS 1 THROUGH 4, INCLUSIVE, OF PARCEL MAP 37145, AS SHOWN BY MAP ON FILE IN PARCEL MAP BOOK 253, AT PAGES 99 THROUGH 102, INCLUSIVE, OFFICIAL RECORDS, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.

CONTAINING: 5.01 ACRES, GROSS.

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 33
Menifee Mayor and City Council
January 18, 2023
Page
204 of 1063

EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 34
Menifee Mayor and City Council
January 18, 2023
Page
205 of 1063

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 35
Menifee Mayor and City Council
January 18, 2023
Page
206 of 1063

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 36
Menifee Mayor and City Council
January 18, 2023
Page
207 of 1063

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 37
Menifee Mayor and City Council
January 18, 2023
Page
208 of 1063

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 38
Menifee Mayor and City Council
January 18, 2023
Page
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EXHIBIT F

NOTICE OF PUBLIC HEARING

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 39
Menifee Mayor and City Council
January 18, 2023
Page
210 of 1063

NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 17)

NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on January 18, 2023 adopted its Resolution No. 2023-__, in which it declared its intention to annex territory to existing Community Facilities District No. 201 7-1 (Maintenance Services) (the "CFD No. 201 7-1"), 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, March 1, 2023 in the City Council Chambers located at 29 844 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. 201 7-1. 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 March 1, 2023 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for s aid 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: ____________, 2023 _________________________________________ Acting City Clerk of the City of Menifee
PUB: ____________, 2023

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 40
Menifee Mayor and City Council
January 18, 2023
Page
211 of 1063

EXHIBIT G
BALLOT

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 41
Menifee Mayor and City Council
January 18, 2023
Page
212 of 1063

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 17

(March 1, 2023)
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 Landowner Number of Acres Owned Total Votes
VSK Investments, LLC 4.82 5

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 Acting 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 Acting 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 February 15 , 2023, 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 Acting City Clerk at any time up to 5:00 p.m. on March 1, 2023, 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 March 1, 2023.

Very truly yours,

Kay Vinson
Acting City Clerk
City of Menifee
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 42
Menifee Mayor and City Council
January 18, 2023
Page
213 of 1063

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

VSK Investments, LLC
Attn: Sunny Goyal
41805 Albrae Street
Fremont, CA 94538
329-020-009 and 329-020-022

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. 20 17-1 (Maintenance Services) adopted by the City Council on January 18, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 17 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__.

Sunny Goyal
Member

Signature

Print Name

Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 43
Menifee Mayor and City Council
January 18, 2023
Page
214 of 1063

HWY 74

TRUMBLE ROAD
I-215 ON RAMP
Item Title: 10.7
Resolution of Intention for Community Facilities District 2017-1, Annexation No. 17, On Deck Item Page Number: 44
Menifee Mayor and City Council
January 18, 2023
Page
215 of 1063

CITY OF MENIFEE
SUBJECT: Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Authorize the City Manager to execute a Utility Relocation Agreement between the City of Menifee and Eastern Municipal Water District (EMWD), and any future amendments thereof, for reimbursement of costs related to adjustment of water facilities for Menifee Road Resurfacing Project, Capital Improvement Project No. 22-06.

DISCUSSION
The Menifee Road Resurfacing Project (“Project”) consists of resurfacing existing asphalt concrete pavement, upgrading existing ADA ramps, analysis of a pedestrian crosswalk, and re- striping of the roadway to include dedicated bicycle lanes. The Project would also construct a raised median on Menifee Road from Newport Road to approximately 600 feet north of Newport Road at the entrance of Fire Station No. 76.

The Project requires the adjustment of water valves and manholes as part of the project scope.

The City’s Capital Improvement Program (CIP) staff are coordinating with EMWD to identify existing water and sewer utilities that are in direct conflict with the Project. The City would administer a construction contract, which would include the necessary water facility adjustments for all existing EMWD utility conflicts within the Project area. EMWD would be liable for all utility adjustment costs associated with the Project.

Reimbursement costs for the Project are estimated to be $51,119, as reflected under section VI of the attached Utility Relocation Agreement (Agreement). Actual reimbursement costs will be determined upon completion of the work. The Agreement details the scope of the reimbursement efforts and mechanisms to reimburse the City for the work to relocate EMWD’s facilities.

STRATEGIC PLAN OBJECTIVE
Item Title: 10.8
Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project Item Page Number: 1
Menifee Mayor and City Council
January 18, 2023
Page
216 of 1063

City of Menifee Staff Report
EMWD Relocation Agreement
January 18, 2023

1 3
6 1
Safe and Attractive Community

FISCAL IMPACT
There is no additional fiscal impact associated with the recommended action. Funding is available in current project budgets to cover reimbursement costs initially. The City will be reimbursed for all costs associated with the adjustment of water utility facilities for the Project. No additional budget appropriation action is required.

ATTACHMENTS

1. Utility Relocation Agreement
Item Title: 10.8
Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project Item Page Number: 2
Menifee Mayor and City Council
January 18, 2023
Page
217 of 1063

UTILITY AGREEMENT – Eastern Municipal Water District Page 1 of 6 U

TILITY RELOCATION AGREEMENT

BETWEEN THE CITY OF MENIFEE AND EASTERN MUNICIPAL WATER DISTRICT FOR THE CIP 22-06 MENIFEE ROAD RESURFACING
This Utility Relocation Agreement (“Agreement”) is entered into by and between City of Menifee (“CITY”) and Eastern Municipal Water District (“EMWD”) whose address is 2270 Trumble, Road Perris, CA 92570
CITY proposes to improve existing Menifee Road from Holland Roa d to the south and Diamond Road (Fire Station No. 76 Entrance) to the north. Al l in the City of Menifee, California, hereinafter referred to as “PROJECT”. As part of this PROJEC T, the existing street will be impr oved. EMWD owns, operates, and maintains sewer and water pipel ines, located with in PROJECT limits. The existing sewer manholes and water valve covers will need to be adjusted vertically.

Therefore, it is hereby mutually agreed between CITY and EMWD that:

I
. WORK TO BE DONE
A. CITY
shall prepare plans for vertical adjustment of sewer manholes, and water valve covers.

B. CITY shall adjust manholes, clean out covers, and water valve covers to proposed grade.

C. All work shall be performed substantially in accordance with EMWD’s water and sewer standard.

EMWD hereby acknowledges review of CITY’s plans for work and agrees to the construction in the manner approved.

D. Deviations from the work described above, initiated by either CITY or EMWD, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by CITY and agreed to/acknowledged by EMWD, will constitute an approved revision, and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by EMWD of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the Revised Notice to Owner.

E. EMWD shall have the right to inspect the work by CITY’s contractor during the adjustment to grade of the manholes, clean out covers, and water valve covers. Upon completion of work by CITY, EMWD agrees to accept ownership and maintenance of the relocated facilities.

F. EMWD shall provide inspections of adjustment to grade of the manholes, clean out covers, and water valve covers work performed within the contract.

G. EMWD shall be responsible for all communication between CITY’s contractor performing the work and EMWD Inspector.

H. E
MWD shall provide in writing any corrective work to the CITY’s contractor. No work on EMWD facilities will be allowed to be performed by the CITY’s contractor without an EMWD Inspector on site.

I. E
MWD shall perform inspections in a timely manner to avoid project delays.

Item Title: 10.8
Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project Item Page Number: 3
Menifee Mayor and City Council
January 18, 2023
Page
218 of 1063

UTILITY AGREEMENT – Eastern Municipal Water District Page 2 of 6

II. LIABILITY FOR WORK

A. Costs for relocation by CITY are to include, but are not limited to, all elements of planning, design, construction, inspection, and project closeout.

B. The adjustment of manholes, adjustments of clean out covers, and adjustment of water valve covers will be relocated at EMWD’s expense and shall include all EMWD staff, consultant, inspection, and contractor costs.

III. PERFORMANCE OF WORK

A. CITY will administer the construction contract to adjust the manholes, clean out covers, and water valve covers to grade on CIP 22-06 Menifee Road Improvement plans. CITY will provide construction management and inspection as well.

B. EMWD shall have access to all phases of the facilities being adjusted by the CITY, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the PROJECT Construction Contract, however, all questions regarding the work being performed by CITY will be directed to CITY’s Engineer for their evaluation and reply to the question. EMWD shall retain the right to make final decisions that impact their facilities.

C. Engineering services for locating, making of surveys, preparation of plans, specifications, estimates, supervision, and inspection are to be furnished by CITY.

D. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by the CITY’s contractor is a public work under the definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirement.

E. Work performed directly by EMWD’s employees falls within the exception of Labor Code Section 1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages.

IV. PAYMENT FOR WORK

A. EMWD shall be solely responsible for costs associated with adjustment of manholes, clean out covers, and water valve covers. In the event additional work becomes necessary to complete this work, EMWD shall bear full financial responsibility for all costs associated with the additional work.

B. As indicated under Section III, Performance of Work, EMWD will perform plan check and construction inspection activities of facilities. The actual costs incurred by EMWD in its performance of said work will be paid by EMWD.

C. It is understood and agreed that CITY will not pay for any betterment or increase in capacity of EMWD’s facilities in the new location.

D. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of CITY’s final bill.

Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of EMWD.

Item Title: 10.8
Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project Item Page Number: 4
Menifee Mayor and City Council
January 18, 2023
Page
219 of 1063

UTILITY AGREEMENT – Eastern Municipal Water District Page 3 of 6

E. Detailed records from which the billing is compiled shall be retained by CITY for a period of three years from the date of the final payment and will be available for audit by CITY and/or Federal auditors. EMWD agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645.

F. As indicated under Section III, Performance of Work, CITY will: design, prepare plans, prepare specifications, oversee, and inspect all work. CITY shall perform the work at EMWD expense.

G. 90% of the reimbursements will be paid by EMWD to the CITY within the first 60 days after start of construction.

V. GENERAL CONDITIONS

A. If CITY’s PROJECT which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work described herein, CITY will notify EMWD in writing and CITY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating this Agreement and reconciling outstanding costs/reimbursements due.

B. CITY shall prepare all documentation and obtain any and all environmental clearances as necessary for the relocated facilities, including but not limited to compliance with requirements imposed under the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA).

C. CITY represents and warrants that this Agreement is not subject to 23 CFR 635.410, the Buy America provisions.

D. EMWD and CITY each hereby agree to indemnify, defend, and hold harmless the other party and their respective directors, officials, officers, employees, and agents from and against any claims, actions, damages, and liabilities arising out of or in any manner connected with the activities governed by this Agreement due to any negligent acts, errors, or omissions or willful misconduct of the indemnifying party performed in connection with such party's duties and obligations hereunder.

E. The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the respective party hereto.

F. This Agreement will be construed and interpreted under and governed and enforced according to the laws of the State of California.

G. This Agreement contains the entire agreement between the parties regarding the subject matter of this Agreement. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employee, officer, agent, or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof each of the parties acknowledges that no person has made, any representation, warranty, guaranty, or promise except as set forth herein; and no such agreement, statement, representation, or promise that is not contained herein will be valid or binding on any of the parties.

H. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures.

Item Title: 10.8
Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project Item Page Number: 5
Menifee Mayor and City Council
January 18, 2023
Page
220 of 1063

UTILITY AGREEMENT – Eastern Municipal Water District Page 4 of 6

I. Each of the parties has reviewed this Agreement and each has had the opportunity to have its respective counsel review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words “person” and “party” include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify, or aid in the interpretation, construction or meaning of the provisions of this Agreement.

J. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid.

VI. COST ESTIMATES AND WAIVERS

Please refer to Attachment A for quantities and reimbursement fees.

Reimbursement Agreement
Description EMWD CITY

Design
Adjust manholes and
water valves to grade.

CITY’s responsibility.

City’s cost to EMWD
Waived

Construction
Adjust sewer manholes
to grade.

Quantity = 17 EA
($630 each = $10,710) **
CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Install sewer manhole
false bottoms
Quantity = 17 EA
($300 each = $5,100) **
CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Adjust water valve
covers to grade (Main &
Recycled).

Quantity = 62 EA
($520 each = $32,240) **
CITY’s responsibility.

EMWD to reimburse CITY
for Construction
Paint water valve covers:

Blue & Purple.

Quantity = 62 EA
($49.50 each = $3,069) **
CITY’s responsibility.

EMWD to reimburse CITY
for Construction
TOTAL (TOTAL $51,119) **

Agency Estimate Costs:

Description EMWD CITY
Design Review Adjust manholes, clean
outs, and water valves to
grade.

EMWD’s responsibility
EMWD’s cost to City
Waived

Inspection Fees Adjust manholes, clean
outs, and water valves to
grade.

EMWD’s responsibility
EMWD’s cost to City
Waived

TOTAL $ Waive* $ Waive*

Item Title: 10.8
Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project Item Page Number: 6
Menifee Mayor and City Council
January 18, 2023
Page
221 of 1063

UTILITY AGREEMENT – Eastern Municipal Water District Page 5 of 6

*EMWD and City agree to waive all design reviews, encroachment permits, and inspection fees. **THE AC TUAL REIMBURSEMENT CO ST TO CITY BY EMWD FOR ITS SHARE OF THE ABOVE-DESCRIBED WORK SHALL BE DETERMINED AT COMPLETION OF WORK.

Item Title: 10.8
Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project Item Page Number: 7
Menifee Mayor and City Council
January 18, 2023
Page
222 of 1063

UTILITY AGREEMENT – Eastern Municipal Water District Page 6 of 6

IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.

CITY OF MENIFEE: EASTERN MUNICIPAL WATER DISTRICT:

By By
Name Date Name Joe Mouawad Date
Title Title General Manager
APPROVAL RECOMMENDED:

By By
Name Date Name Sheilia Zeleya Date
Title Title Board Secretary

Item Title: 10.8
Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project Item Page Number: 8
Menifee Mayor and City Council
January 18, 2023
Page
223 of 1063

CITY OF MENIFEE
SUBJECT: Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal 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 a Professional Services Agreement with Ninyo & Moore in an amount not-to-exceed $42,535.80 to provide materials testing services for the Menifee Road Resurfacing Project, Capital Improvement Project (CIP) No. 22-06.

DISCUSSION
The Menifee Road Resurfacing Project (Project), CIP No. 22-06, consists of resurfacing Menifee Road between Holland Road and Diamond Road (Fire Station 76 entrance) north of Newport Road. The Project resurfacing work would consist of a header grind with an asphalt overlay. The Project would also construct a raised median on Menifee Road from Newport Road north to Diamond Road, add two miles of striped bike lane, and retrofit 12 ADA ramps.

On November 16, 2022, City Council awarded a construction contract to Hillcrest Contracting, Inc. in the amount of $1,690,663. At the time of award, Project budget in the amount of $1,715,098.29 was established for anticipated construction costs, excluding labor compliance and materials testing services, as these services were still in the process of being secured. Labor compliance services have now been administratively secured and staff is proposing to contract with Ninyo & Moore to provide materials testing services. The final total estimated construction cost of the Project, including labor compliance and materials testing services, is anticipated to be $1,877,451.84. Staff has identified available funding in Fiscal Year (FY) 2022/2023 through savings from recently completed CIP projects and operational budgets to support the full estimated Project costs. The available funding is summarized in Table 2 of the Fiscal Impact section of this report.

City Council action is required for approval of the proposed professional services agreement for materials testing services with Ninyo & Moore as the total amount of the agreement exceeds the City Manager’s signing authority.

Item Title: 10.9
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 1
Menifee Mayor and City Council
January 18, 2023
Page
224 of 1063

City of Menifee Staff Report
CIP 22-06 Ninyo & Moore Agreement
January 18, 2023

1 3
4 3

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community.

FISCAL IMPACT
The existing budget of $1,715,098.29 for this Project, as well as the anticipated total construction budget requirements, are summarized in Table 1 below.

Table 1- Existing Project Funding FY 2022/2023
Fund Project Account Number Existing
Budget
Anticipated
Construction
Budget
Measure DD Menifee Road 105-4555-58122 $135,098.29 $135,098.29 Gas Tax Menifee Road 200-4555-58122 $80,000.00 $80,000.00 RMRA (SB1) Menifee Road 201-4555-58122 $1,500,000.00 $1,500,000.00 Unfunded Menifee Road N/A $0 $162,353.55
Total $1,715,098.29 $1,877,451.84
Savings from recently completed CIP projects totaling $139,415.40 and operational budget savings totaling $22,938.15, for a total of $162,353.55 would be transferred to fund this Project, as summarized in Table 2.

Table 2- Identified Project Funding FY 2022/2023
Account NumberFund Project
From To
Available
Budget
Transfer
Amount
General
Murrieta Rd/Sun
City Blvd. Traffic
Signal
100-4555-58107 100-4555-58122 $49,943.57 $20,000.00
General
Tradewinds
Community
Resurfacing
100-4555-58124 100-4555-58122 $36,995.40 $36,995.40
Measure
DD
Peacock
Community
Resurfacing
105-4555-58116 105-4555-58122 $50,302.00 $50,302.00
Capital
Projects
Tradewinds
Community
Resurfacing
220-4555-58124 220-4555-58122 $32,118.00 $32,118.00
General CIP Professional
Services 100-4555-52800 100-4555-58122 $81,588.00 $22,938.15 Total $250,946.97 $162,353.55
Item Title: 10.9
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 2
Menifee Mayor and City Council
January 18, 2023
Page
225 of 1063

City of Menifee Staff Report
CIP 22-06 Ninyo & Moore Agreement
January 18, 2023

1 3
4 3

ATTACHMENTS

1. Project Location Map

2. Agreement
Item Title: 10.9
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 3
Menifee Mayor and City Council
January 18, 2023
Page
226 of 1063

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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\MenifeeRoadResurfacing\MenifeeRoadResurfacing\MenifeeRoadResurfacing.aprx Date: 4/25/2022 Menifee Road Resurfacing
Project Location Map
Item Title: 10.9
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 4
Menifee Mayor and City Council
January 18, 2023
Page
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 22-06 MENIFEE ROAD RESURFACING PROJECT

MATERIALS 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 Ninyo & Moore (“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 December 19, 2022 and shall end on December 31, 2023 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 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: 10.9
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 5
Menifee Mayor and City Council
January 18, 2023
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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 FORTY TWO THOUSAND FIVE HUNDRED THIRTY FIVE DOLLARS AND EIGHTY CENTS ($42,535.80) not withstanding 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: 10.9
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 6
Menifee Mayor and City Council
January 18, 2023
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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
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 7
Menifee Mayor and City Council
January 18, 2023
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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
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 8
Menifee Mayor and City Council
January 18, 2023
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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
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 9
Menifee Mayor and City Council
January 18, 2023
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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: CIP 22-06 (MENIFEE ROAD RESURFACING PROJECT) (MATERIALS 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.

Item Title: 10.9
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 10
Menifee Mayor and City Council
January 18, 2023
Page
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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.

Item Title: 10.9
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 11
Menifee Mayor and City Council
January 18, 2023
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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
Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project Item Page Number: 12
Menifee Mayor and City Council
January 18, 2023
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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.

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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.

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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 Leo Espelet, Assistant Secretary (“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.

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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Diego Guillen, Associate Engineer (“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:

Ninyo & Moore
Attn: Jeffrey T. Kent, Principal Engineer
5710 Ruffin Road
San Diego, CA 92123
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
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]
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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:

Kay Vinson, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Jeffrey T. Kent, Principal Engineer
Jeremiah J. Harrington, Project Engineer
[Corporation must have two signatures]
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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide Materials Testing Services for the CIP 22-06 Menifee Road Resurfacing Project in the amount not to exceed FORTY TWO THOUSAND FIVE HUNDRED THIRTY FIVE DOLLARS AND EIGHTY CENTS ($42,535.80) as further detailed in the following pages.

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Item Title: 10.9
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CITY OF MENIFEE
SUBJECT: Agreement with West Coast Arborist, Inc. for City-wide Tree Trimming and Maintenance Services
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager (or his designee) to execute a Professional Services Agreement with West Coast Arborist, Inc. for citywide tree trimming and maintenance services in the amount not-to-exceed $176,402 for the remainder of Fiscal Year (FY) 2022/2023; and

2. Authorize the City Manager to execute agreement amendment(s) for the remainder of FY 2022/2023, and an additional four one-year amendments for annual services, at the City’s discretion, and contingent on availability of the corresponding budget.

DISCUSSION
The City of Menifee’s Community Service Department, Parks Division, oversees the ongoing trimming and maintenance of approximately 8,000 trees of varied species. The trees are located at different locations throughout the City including parks, right-of-way, and city facilities.

On October 20, 2022, staff issued a Request for Proposal (RFP) No. 2023-4 for Citywide Tree Trimming Services. The services would include, at minimum, all labor, equipment, materials, tools, and services necessary for tree pruning, tree removal, stump grinding, and emergency services.

The City received five proposals from the following firms:
•Community Tree Service
•Integrity Arborist and Ecoscape
•Mariposa Tree Management
•Stay Green
•West Coast Arborist, Inc.

Item Title: 10.10
Agreement with West Coast Arborist, Inc. for City-wide Tree Trimming and Maintenance Services Item Page Number: 1
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City of Menifee Staff Report
West Coast Arborist Agreement
January 18, 2023

1 3
4 1
An evaluation committee consisting of City staff evaluated the submittals. As part of the City’s RFP process, the firms were evaluated based on the criteria set forth in RFP 2023-4 which included the experience/qualifications of the firm, references, project/services experience, cost proposal, and quality of responsiveness of the proposal.

Following the evaluation process and reference checks, City staff determined that West Coast Arborist, Inc. was the most qualified to conduct the requested services.

All the tabulated results from the evaluations are listed in Table 1 below:

Table 1 – RFP Evaluation Summary
Firm Name Evaluation Score
West Coast Arborist, Inc. 86.67
Mariposa Tree Management 83.00
Community Tree Service 56.00
Integrity Arborist and Ecospace 41.00
Stay Green 34.00

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
The current fiscal impact for this item is $176,402 for the remainder of FY 2022/2023. Funding is available within the current FY Budget as summarized in Table 2 below.

Table 2 – Fiscal Year 2022/2023 Funding Availability
Fund / Department Account Number Available Balance Amount Requested General / Parks 100-4663-52607 $55,000 $55,000
CSA 145 480-4554-52608 $17,500 $17,500
CFD 2012-2 491-4558-52608 $3,100 $3,100
CFD 2017-1 674-4558-52608 $8,000 $8,000
CFD 2015-2 630-4558-52608 $6,299 $6,299
CFD 2015-2 636-4558-52608 $7,000 $7,000
Zone 3, 89-1C 370-4557-52607 $16,540 $16,540
Zone 27, 89-1C 372-4557-52607 $1,052 $1,052
Zone 37, 89-1C 373-4557-52607 $6,000 $6,000
Zone 38, 89-1C 374-4557-52607 $4,500 $4,500
Zone 47, 89-1C 376-4557-52607 $2,700 $2,700
Zone 69, 89-1C 380-4557-52607 $800 $800
Zone 77, 89-1C 382-4557-52607 $1,500 $1,500
Item Title: 10.10
Agreement with West Coast Arborist, Inc. for City-wide Tree Trimming and Maintenance Services Item Page Number: 2
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City of Menifee Staff Report
West Coast Arborist Agreement
January 18, 2023

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Fund / Department Account Number Available Balance Amount Requested Zone 81, 89-1C 383-4557-52607 $1,020 $1,020
Zone 133, 89-1C 391-4557-52607 $2,000 $2,000
Zone 167, 89-1C 393-4557-52607 $1,000 $1,000
AMR, CFD 2012-1 490-4558-52607 $30,000 $30,000
Town, CFD 2014-1 492-4558-52607 $2,000 $2,000
Zone 1, CFD 2017-1 494-4558-52607 $6,760 $6,760
Zone 9, CFD 2015-2 638-4558-52607 $320 $320
Zone 14, CFD 2015-2 643-4558-52607 $100 $100
Zone 15, CFD 2015-2 644-4558-52607 $60 $60
Zone 17, CFD 2015-2 646-4558-52607 $250 $250
Zone 19, CFD 2015-2 648-4558-52607 $750 $750
Zone 21, CFD 2015-2 651-4558-52607 $400 $400
Zone 23, CFD 2015-2 653-4558-52607 $200 $200
Zone 28, CFD 2015-2 658-4558-52607 $1,551 $1,551
TOTALS $176,402 $176,402
Annual pricing for years 1 through 3 shall remain the same, unless otherwise formally amended by an executed amendment(s) modifying the scope of work. At the end of the first three years, the contractor may apply for a cost adjustment of the CPI not to exceed 5%. Future fiscal years will be funded in the corresponding fiscal year’s budget. No additional budget appropriation action is required.

ATTACHMENTS

1. Agreement with West Coast Arborist, Inc.

Item Title: 10.10
Agreement with West Coast Arborist, Inc. for City-wide Tree Trimming and Maintenance Services Item Page Number: 3
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CONTRACT SERVICES AGREEMENT FOR

CITY OF MENIFEE

CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this _________ day of ___________, 2023 by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and WEST COAST ARBORISTS INC, a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

R E C I T A L S
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.

C. Pursuant to the City of Menifee’s Municipal Code, City has authority to enter into this Contract Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “Scope of Services” attached hereto as Exhibit B” and incorporated herein by this reference, which services may be referred to herein as the “Services.” As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein.

Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances.

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1.2 Contractor’s Proposal. The “Scope of Services” shall include Contractor’s scope of work or bid which is attached as incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor 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 Contractor’s employee and subcontractors. It is understood that it is the responsibility of Contractor 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.

Contractor 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 Contractor 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 Contractor 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), Contractor 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. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. Contractor 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 for the performance of the Services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed Item Title: 10.10
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against City hereunder. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Officer.

1.6 Care of Services. Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Warranty. Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work.

For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and Item Title: 10.10
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any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand. This provision may be waived in Exhibit A if the services hereunder do not include construction of any improvements or the supplying of equipment or materials.

1.8 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects.

If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated in this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site.

The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.9 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.

1.10 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council of City.

It is expressly understood by Contractor that the provisions of this Section shall not apply to work specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope Item Title: 10.10
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of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the Scope of Services and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Seventy Six Thousand Four Hundred Two Dollars and Zero Cents ($176,402.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the “Schedule of Compensation” in the Scope of Services, if any and incorporated herein by this reference, provided that time estimates are provided for the performance of subtasks, but not exceeding the Contract Sum, or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses with advance written approval by the Contract Officer, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub- contractor contracts. Subcontractor charges shall also be detailed by such categories.

City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Contractor to be paid within forty-five (45) days of receipt of Contractor’s correct and undisputed Item Title: 10.10
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invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.

Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.5 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services provided under this Agreement extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Section shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

2.6 Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in Exhibit C “Schedule of Performance” and incorporated herein by this reference. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

Item Title: 10.10
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3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forth five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Article 5, pertaining to indemnification and insurance, respectively.

3.5 Term. The term of this Agreement shall begin on January 18, 2023. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2023, whichever is later.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees, or agents of City. City shall not be liable for compensation or Item Title: 10.10
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indemnification to Contractor 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, Contractor 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. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer. The “Contract Officer” shall be such person as may be designated by the City Manager of City. It shall be Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City.

Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, Item Title: 10.10
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repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

4.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.10 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

4.8 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

4.9 Covid-19 Safety. If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Contractor 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) Item Title: 10.10
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maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverage.

Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. Claims-made, modified, limited, or restricted occurrence forms are not acceptable without prior written consent from City. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, TWO MILLION DOLLARS ($2,000,000.00) in the general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. The general aggregate limit shall apply separately to the Services to be performed under this Agreement.

The policy definition of “insured contract” shall include assumptions of liability arising out of both ongoing operations and products-completed operations hazard as set forth in “f” definition in form CG 0001, or equivalent.

The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately.

The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (b) Worker’s Compensation Insurance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California, including Section 3700 of the California Labor Code, and which shall indemnify, insure, and provide legal defense for both Contractor and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Contractor in the course of carrying out the Services contemplated in this Agreement. The worker’s compensation policy of insurance shall be in an amount 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. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). Said policy shall include coverage for owned, non- owned, leased, and hired cars.

Item Title: 10.10
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(d) Professional Liability. Professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage. (e) Pollution Liability. A policy of pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement.

The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit A.

5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name City, its elected and appointed officers, employees, agents, and authorized volunteers as additional insureds and any insurance maintained by City or its officers, employees, agents, or authorized volunteers shall apply in excess of, and not contribute with, Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers.

Prior written consent from City is required if any of the said policies have a deductible or self-insured retention in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000).

Contractor 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. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.

No Services under this Agreement shall commence until Contractor has provided City with original endorsements effecting coverage set forth in this Article 5. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsement is to be on forms provided by or approved by City. As an alternative to City-approved forms, Contractor may provide complete certified copies of all required insurance policies, including endorsements affecting the coverage. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the Item Title: 10.10
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reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

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 Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor 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. Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City or its respective elected or appointed officers, officials, employees, and volunteers or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses, and claims. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5.3.

In the event Contractor subcontracts any portion of the Services in compliance with Section 4.5 of this Agreement, the contract between Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless City, its officers, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all actions, either judicial, administrative, arbitration, or regulatory, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities whether actual or threatened (“Claims or Liabilities”) that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the performance of the Services, operations, or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“Indemnors”), or arising from Contractor’s reckless or willful misconduct, or arising from Contractor’s or Indemnors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Contractor shall defend (with counsel selected by City) any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims or Liabilities arising out of or in connection Item Title: 10.10
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with the performance of or failure to perform such Services, operations or activities of Contractor hereunder; and Contractor agrees to save and hold City, its officers, agents, and employees harmless therefrom;
(c) In the event City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the performance of or failure to perform the Services, operation or activities of Contractor hereunder, Contractor agrees to pay to City, its officers, agents, or employees, any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services hereunder.

The provisions of this Section do not apply to Claims or Liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Payment and Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade A or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Officer due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals.

5.5 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Officer due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Contract Officer determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.4 may be changed accordingly upon receipt of written notice from the Contract Officer; provided that Contractor shall have the right to appeal a determination of Item Title: 10.10
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increased coverage by the Contract Officer to the City Council of City within ten (10) days of receipt of notice from the Contract Officer.

5.6 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION.

6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. 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.

6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, 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 (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the Item Title: 10.10
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expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein.

All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

6.4 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 the Documents and Materials.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6.5 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered voluntary so long as Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs, and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery Item Title: 10.10
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request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION.

7.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

7.2 Disputes; Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds. Contractor hereby authorizes City to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the Contract Sum (whether or not arising out of this Agreement) as security for performance of this Agreement. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City Council of City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement.

7.4 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver Item Title: 10.10
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of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative. 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.

7.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term. This Section 7.8 shall govern any termination of this Agreement except as specifically provided in the following Section 7.9 for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be such shorter time as Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Contractor has initiated termination, Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event Contractor has initiated termination, Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the Item Title: 10.10
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Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of set-off or partial payment of the amounts owed City as previously stated.

7.10 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; 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. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

7.11 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contractor Item Title: 10.10
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agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that 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 in the performance of this Agreement.

Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Contractor so employ such unauthorized aliens for the performance of the Services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of City, to the City Manager and to the attention of the Contract Officer, CITY OF MENIFEE, 29844 Haun Road, Menifee, CA 92586 and in the case of Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

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9.3 Interpretation. 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.

9.4 Article and Section Headings and Subheadings. The article and 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.

9.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.6 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete, and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by the City Council of City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.8 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.

9.9 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. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

AGENCY:

CITY OF MENIFEE
______________________________
Armando G. Villa, City Manager
CONTRACTOR:

WEST COAST ARBORISTS INC_________
By:

Patrick Mahoney, President
By:

Richard Mahoney, Assistant Secretary
_______039148_________________________
Contractor’s City Business License
__#_366764, Class C-61, D-49, C-27________
State Contractor License No. & Class
ATTEST:

Kay Vinson, Acting City Clerk
Address:
2200 E Via Burton Street___________________
Anaheim, CA 92806_______________________
APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney
Two signatures are required if a corporation.

NOTE: APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED

BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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2671/031858-0001
7630667.2 a05/31/18 EXHIBIT B

EXHIBIT A

SPECIAL REQUIREMENTS
Section 5.4 (Payment and Performance Bond) and Section 7.3 (Retention of Funds) are hereby intentionally omitted from the Agreement and shall not apply to the Services provided hereunder.

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7630667.2 a05/31/18 EXHIBIT B

EXHIBIT B

SCOPE OF SERVICES

CITY OF MENIFEE

CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
One Hundred Seventy Six Thousand Four Hundred Two Dollars and Zero Cents ($176,402.00).

The Contract Sum for performing all Services described in the Scope of Services, 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 City. The Scope of Services is further detailed on the following pages.

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Item Title: 10.10
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2671/031858-0001
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EXHIBIT C

SCHEDULE OF PERFORMANCE
The services to be performed pursuant to this Agreement are to be completed on a timely basis, with an estimated completion date of no later than June 30, 2023.

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CITY OF MENIFEE
SUBJECT: Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Christopher Heron, Assistant 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 a Landscape Maintenance Agreement with Caltrans for maintenance of public improvements for Parcel Map 37145, located on the north side of Highway 74, west of Trumble Road.

DISCUSSION
Parcel Map 37145, also known as the On Deck project, is a proposed subdivision of 5.01 gross acres of land into 4 lots for commercial use located on the north side of State Highway 74 (HWY 74) and west of Trumble Road. As part of the development’s conditions of approval, the developer is required to construct public improvements, including landscape, within the public right-of-way along HWY 74.

The On Deck project is also conditioned to be included in the City’s Community Facilities District (CFD) for public improvement maintenance. Being that the improvements will be constructed in Caltrans right-of-way, and in order for the City to perform maintenance of these landscape improvements through the CFD, the City must enter into a Landscape Maintenance Agreement with Caltrans. The proposed agreement would provide the City with the authorization necessary to carry out landscape maintenance activities along the HWY 74 frontage of the On Deck property.

It would also establish each agencies roles and responsibilities related to the maintained areas.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 1
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1 3
2 4

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Costs associated with landscape maintenance would be supported by the annexation of this parcel into maintenance CFD 2017-1.

ATTACHMENTS

1. Project Location Map

2. Agreement
Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 2
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On Deck

PROJECT LOCATION MAP
Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 3
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LANDSCAPE MAINTENANCE AGREEMENT

WITH THE CITY OF MENIFEE

THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Menifee; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”

1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Permit Number 08-21-6-CD-0260.

2. This Agreement addresses CITY responsibility for the landscape, plantings, and irrigation systems (collectively the “ LANDSCAPING”) placed within State Highway right of way on State Route 74, as shown on Exhibit A, attached to and made a part of this Agreement.

3. Maintenance responsibilities that include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”

4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES ’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.

5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives.

No formal amendment to this Agreement will be required.

6. CITY agrees, at CITY expense, to do the following:

6.1. CITY may install, or contract , authorizing a licensed contractor with appropriate class of license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.

Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 4
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6.2. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and approval and will obtain and have in place a valid necessary encroachment permit prior to the start of any work within STATE’ S right of way. All proposed LANDSCAPING must meet STATE’s applicable standards.

6.2.1. CITY contractors will be required to obtain an Encroachment Permit prior to the start of any work within STATE’s right of way.

6.2.2. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way

6.3. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.

6.3.1. To p rune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

6.3.2. To replace unhealthy or dead plantings when observed or w ithin 30 days when notified in writing by STATE that plant replacement is required.

6.3.3. To expeditiously MAINTAIN, replace, repair, or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

6.4. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY. No state resources will be utilized for electrical services.

6.5. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

6.6. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 5
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Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 08 Maintenance at 464 w 4 Street San Bernardino Ca 9240.

6.7. CITY shall ensure LANDSCAPING within the Agreement limits will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

6.8. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

6.9. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

7. STATE m ay provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.

8. STATE shall Issue encroachment permits to CITY and CITY contractors at no cost to them.

9. LEGAL RELATIONS AND RESPONSIBILITIES:

9.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the desig n, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

9.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any M AINTENANCE or removing LANDSCAPING , STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.

Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 6
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9.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

9.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited t o, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

9.5. PREVAILING WAGES:

9.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CI TY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1 -7.

CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY' s own forces is exempt from the Labor Code's Prevailing Wage requirements.

9.5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 7
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10. INSURANCE-

10.1. SELF-INSURED - CITY/COUNTY is self -insured. CITY/COUNTY agrees to deliver evidence of self -insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self -insurance letter (“Letter of Self - Insurance”), satisfactory to STATE, certifying that CITY/COUNTY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the location as depicted in EXHIBIT A. CITY/COUNTY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

10.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY/COUNTY‘s contractor(s), CITY/COUNTY shall require its contractor( s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

11. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and ha ve delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.

Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 8
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IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF MENIFEE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

By: __________________________
Bill Zimmerman, Mayor

Initiated and Approved

By: ___________________________
Armando Villa, City Manager

By: ___________________________
Jim A. Rogers
Deputy District Director
Maintenance District 08
ATTEST:

By: __________________________
Stephanie Roseen, Acting City Clerk

By: __________________________
Jeffery T. Melching, City
Attorney

Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 9
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HIGHWAY 74
NB I-215 O/R

TRUMBLE ROAD
EXHIBIT "A" LANDSCAPE MAINTENANCE AGREEMENT EXECUTED ENCROACHMENT PERMIT NO.08-21-6-CD-0260SIGNATURECITY OF MENIFEEDATESIGNATURECALTRANS APPROVALDATE DATESCALESHEET 1 OFOCTOBER 18, 2022NOT TO SCALE1
STATE ROUTE 74 AND TRUMBLE ROADEXHIBIT "A"Post mile 27.75

LANDSCAPE AREA TO BE MAINTAINED BY THE CITY OF MENIFEECAL TRANS RIGHT OF WAY Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 10
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District 08 Maintenance MS 1107
464 W 4th
Street San Bernardino Ca 9240 October 11, 2022
ATTN: David Gilbert

RE: Maintenance agreement with the City of Menifee

Dear MR. Gilbert

The purpose of this letter is to certify that the CITY of Menifee is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY of Menifee is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY of Menifee appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY of Menifee.

The CITY of Menifee certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 10.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY of Menifee further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

Nick Fidler
Public Works Director
City of Menifee

Item Title: 10.11
Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145 Item Page Number: 11
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CITY OF MENIFEE
SUBJECT: Landscape Improvement Agreement and Bond for Tract Map 37668, Sumac Ridge, by Meritage Homes of California, Inc.

MEETING DATE: January 18, 2023
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 a Landscape Improvement Agreement to guarantee the completion of required landscape improvements associated with Tract 37668, located north of Scott Road at the intersection of Lindenberger Road.

DISCUSSION
Tract Map 37668, also known as Sumac Ridge (“Project”), is a subdivision of 56.58 gross acres of land subdivided into 175 total lots for residential use. The project is located north of Scott Road at the intersection of Lindenberger Road.

Meritage Homes of California, Inc. (“Developer”), is now requesting approval of the Landscape Improvement Agreement (“LIA”) for landscape improvements as required by the project’s conditions of approval. The LIA also requires that improvement securities are posted to guarantee the completion of the required improvements within 24 months from the City Council approval date of the agreements.

Staff has reviewed the developer’s request and determined that the LIA meets the requirements of the project’s conditions. A summary of the bond being posted to guarantee the required landscape improvements is shown in the table below.

Table 1- TM37668, IP21-076, Offsite Improvements
Improvement Security Faithful Performance Labor & Materials Landscape 0818209 $1,300,150 $650,075
Total $1,300,150 $650,075
Item Title: 10.12
Landscape Improvement Agreement and Bond for Tract Map 37668, Sumac Ridge, by Meritage Homes of California, Inc.

Item Page Number: 1
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City of Menifee Staff Report
TM37668 Landscape Improvement Agreement
January 18, 2023