Agenda packet, second session — Menifee City Council, March 1, 2023 (part 2 of 4)

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Agreement was approved by the WRCOG Executive Committee on February 6, 2023, and the allocated funds are now available for reimbursement. Because the funds were secured earlier than initially anticipated, the Project funding for Fiscal Year 2022/2023 will be updated to be captured as part 2022/2023 CIP so that the design phase can be initiated and TUMF Program funds can be utilized.

The proposed TUMF Reimbursement Agreement outlines funding requirements, conditions, and provisions, as well as a summary of designated reimbursable amounts per phase, which are reflected in Table 1 below:

Table 1: TUMF Funding By Phase
Phase TUMF Local Total
PA&ED $284,000 - $284,000
PS&E $709,000 - $709,000
R/W $1,176,000 $350,000 $1,526,000
Construction - - -
TOTAL $2,169,000 $350,000 $2,519,000
City Council action is required for approval of the proposed Agreement with WRCOG as acceptance will result in budgetary appropriation increases in both expenditures and revenues.

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community

FISCAL IMPACT
The total anticipated fiscal impact for design and R/W costs associated with the Menifee Road Widening (Garbani Road to Scott Road) Project is $2,519,000. Approval of the TUMF Reimbursement Agreement would offset $2,169,000 of the associated costs through reimbursements and allow the City to begin the design phase for the Project. The remaining $350,000 local match is not required until the R/W phase which is not anticipated to begin until Fiscal Year 2024/2025 and would be programmed into the Project’s future budget. Attached is a Budget Adjustment Resolution appropriating $2,169,000 in corresponding expenditures and revenues to account 310-4555-58166 and 310-3355.

ATTACHMENTS

1. WRCOG TUMF Reimbursement Agreement

2. Budget Amendment Resolution – Fund 310

3. Project Location Map
Item Title: 10.6
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TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM

AGREEMENT TO REIMBURSE TUMF FUNDS

MENIFEE ROAD WIDENING (GARBANI ROAD TO SCOTT ROAD)
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this __________day of __________, 20__, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and The City of Menifee, a California municipal corporation (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).

B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.

C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.

D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for Menifee Road Widening (Garbani Road to Scott Road) (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates
3) R/W – Right of Way Acquisition and Utility Relocation 4) CON – Construction
Item Title: 10.6
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2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed TWO MILLION ONE HUNDRED SIXTY-NINE THOUSAND DOLLARS ($2,169,000) to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.

3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; (8) construction costs, including change orders to construction contract approved by the AGENCY; (9) construction management, field inspection and material testing costs; and (10) any AGENCY administrative cost to deliver the Project.

4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.

5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet Item Title: 10.6
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and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.

6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.

7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.

8. AGENCY’s Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.

9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, Item Title: 10.6
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AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.

10. AGENCY’s Local Match Contribution. AGENCY local match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.

11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

12. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Armando G.

Villa, City Manager, or his or her designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.

13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.

14. Review of Services. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.

15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
(b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Item Title: 10.6
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Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

16. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq.

17. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.

18. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the Item Title: 10.6
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AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.

19. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.

Item Title: 10.6
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(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

20. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.

21. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.

23. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.

24. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

25. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California.

Item Title: 10.6
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26. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

27. Time of Essence. Time is of the essence for each and every provision of this Agreement.

28. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

29. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.

30. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.

31. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.

32. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

If to AGENCY: The City of Menifee
29844 Huan Road
Menifee, CA 92586
Attention: Nicolas Fidler, Director of Public Works
Telephone: 951-723-3704
Mobile: 951-723-7594
If to WRCOG: Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the Item Title: 10.6
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party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

33. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES.

34. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.

35. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.

36. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

37. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.

38. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Item Title: 10.6
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.

WESTERN RIVERSIDE COUNCILCITY OF MENIFEE

OF GOVERNMENTS
By: Date: By: Date:

Dr. Kurt WilsonArmando Villa, City Manager
Executive Director
Approved to Form: Approved to Form:

By: Date: By: Date:

Steven C. DeBaunJeffrey T. Melching, City Attorney
General Counsel
Attest:

By: Date:

Kay Vinson, Acting City Clerk
Item Title: 10.6
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Exhibit A

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EXHIBIT “A”

SCOPE OF WORK
SCOPE OF WORK:

PA&ED Phase includes completion of the CEQA environmental studies, documents, public meetings, submittals, and approvals by local agency and permitting agencies as required by the project.

PS&E Phase includes completion of field studies (survey, geotechnical, traffic), As-built and utility research, utility relocation coordination, public meetings, completion of plans, specification, and estimates.

R/W Phase includes all efforts related to right-of-way acquisition such as creation of R/W maps, research of title reports, preparation of R/W estimates, preparation of documents (plats and legals), appraisal, offers, negotiations, property acquisition, and property escrow.

Item Title: 10.6
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Exhibit A – 1

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EXHIBIT “A-1”

ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $ 284,000 $ 284,000
PS&E $ 709,000 $ 709,000
RIGHT OF WAY $ 1,176,000 $350,000 $1,526,000

CONSTRUCTION
TOTAL $2,169,000 $ 350,000 $2,519,000
Item Title: 10.6
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Exhibit A – 2

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EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 12/01/2022 $ 284,000
PS&E 02/15/2024 $ 709,000
RIGHT OF WAY 10/15/2023 $1,526,000

CONSTRUCTION
TOTAL $2,519,000
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Exhibit B

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Elements of Compensation
EXHIBIT “B”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.

2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.

3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.

4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.

5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.

6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.

7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:

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Exhibit B

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“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.

Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________

8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.

If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.

Item Title: 10.6
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March 1, 2023
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23-CN-MEN-1189
Exhibit B-1

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EXHIBIT “B-1”
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this Agreement, Agency will pay the Contractor compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of Agency’s City Manager [or applicable position] (“Total Compensation”).

1.ELEMENTS OF COMPENSATION.

Compensation for the Services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Contractor's personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the Contractor's personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components:

1.1.2.1 Direct Salary Costs ____________________

1.1.2.2 Payroll Additives ____________________
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

1.1.2.3 Overhead Costs ____________________
Item Title: 10.6
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March 1, 2023
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23-CN-MEN-1189
Exhibit B-1

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The Decimal Ratio of Allowable Overhead Costs to the Contractor Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier ____________________
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2 FIXED FEE.

1.2.1 The fixed fee is $______________________.

1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM REIMBURSEMENT RATE
[___insert charges___]
Per Diem $ /day
Car mileage $ /mile
Travel $ /trip
Computer Charges $ /hour
Photocopies $ /copy
Blueline $ /sheet
LD Telephone $ /call
Fax $ /sheet
Photographs $ /sheet
Travel by air and travel in excess of 100 miles from the Contractor's office nearest to Agency’s office must have Agency's prior written approval to be reimbursed under this Agreement.

Item Title: 10.6
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March 1, 2023
Page
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23-CN-MEN-1189
Exhibit B-1

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2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Contractor's adjustments to individual compensation. The Contractor shall notify Agency in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
[___sample___]
Principal $ .00 - $ .00/hour
Project Manager $ .00 - $ .00/hour
Sr. Engineer/Planner $ .00 - $ .00/hour
Project Engineer/Planner $ .00 - $ .00/hour
Assoc. Engineer/Planner $ .00 - $ .00/hour
Technician $ .00 - $ .00/hour
Drafter/CADD Operator $ .00 - $ .00/hour
Word Processor $ .00 - $ .00/hour

2.3 The above rates are for the Contractor only. All rates for subcontractors to the Contractor will be in accordance with the Contractor's cost proposal.

3. INVOICING.

3.1 Each month the Contractor shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to Agency's Executive Director with two (2) copies to Agency's Project Coordinator.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by Agency's Representative.

3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Services, shall be listed separately. The charges for each individual assigned by the Contractor under this Agreement shall be listed separately on an attachment to the invoice.

Item Title: 10.6
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March 1, 2023
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23-CN-MEN-1189
Exhibit B-1

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3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to Agency such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 If applicable, each invoice shall indicate payments to DBE subcontractors or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Contractor's Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed _____________________________
Title _____________________________
Date _____________________________
Invoice No. _____________________________

4. PAYMENT

4.1 Agency shall pay the Contractor within four to six weeks after receipt by Agency of an original invoice. Should Agency contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

4.2 The final payment for Services under this Agreement will be made only after the Contractor has executed a Release and Certificate of Final Payment.

Item Title: 10.6
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March 1, 2023
Page
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23-CN-MEN-1189
Exhibit B-2

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EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
3390 University Avenue; Suite 450
Riverside, California 92501
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re: Project Title - Invoice #__
Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the 2002 Measure “A” Local Streets and Roads Funding per Agreement No. ________ effective (Month/Day/Year) .

The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Authorized Agreement Amount: $0,000,000.00
Total Invoiced to Date: $0,000,000.00
Total Previously Invoiced: $0,000,000.00
Balance Remaining: $0,000,000.00
Amount due this Invoice: $0,000,000.00
===========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By: _____________________________
Name
Title
cc:

Item Title: 10.6
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March 1, 2023
Page
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23-CN-MEN-1189
Exhibit B-3

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EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/Date/Year
Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Deputy Executive Director
Attn: Accounts Payable Invoice #____________
For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year .

Invoice period covered is from Month/Date/Year to Month/Date/Year .

Total Base Contract Amount: $000,000.00
Authorized Extra Work (if Applicable) $000,000.00
------------------
TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00
Total Invoice to Date: $000,000.00
Total Previously Billed: $000,000.00
Balance Remaining: $000,000.00
Amount Due this Invoice: $000,000.00
==========
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ____________________
Name
Title
Item Title: 10.6
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March 1, 2023
Page
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23-CN-MEN-1189
Exhibit B-4

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EXHIBIT B-4

SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
Item Title: 10.6
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March 1, 2023
Page
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23-CN-MEN-1189
Exhibit B-5

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EXHIBIT B-5
Sample Progress Report
REPORTING PERIOD: Month/Date/Year to Month/Date/Year
PROGRESS REPORT: #1
A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01 – 100% PS&E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Item Title: 10.6
Menifee Mayor and City Council
March 1, 2023
Page
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RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

TUMF Fund 310 Adopted FY 2022/23 Revenue Budget: $0

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget Carry-
Over)
310-3355

$8,255,000
October 19, 2022 CIP 13-03: Holland Road/I-215
Overcrossing (Amendment No. 2) 310-3355 2,000,000
March 1, 2023 CIP 23-12: Menifee Rd Widening Project 310-3355 2,169,000 TOTAL: $10,255,000
Amended TUMF Fund 310 FY 2022/23 Revenue Budget: $12,424,000 TUMF Fund 310 Adopted FY 2022/23 Expenditure Budget: $0

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget Carry-
Over)
310-4555-58021

$8,255,000
October 19, 2022 CIP 13-03: Holland Road/I-215
Overcrossing (Amendment No. 2) 310-4555-58021 2,000,000 December 7, 2022 FY21-22 Budget Carryover* Various
Accounts 8,400,769.75
March 1, 2023 CIP 23-12: Menifee Rd Widening Project 310-4555-58166 2,169,000 TOTAL: $20,824,769.75
*Includes $3,299,150.25 of existing FY2021/22 Purchase Orders (POs) carried forward into FY2022/23 under City Manager authority.

Amended TUMF Fund 310 FY 2022/23 Expenditure Budget: $20,824,769.75

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
Item Title: 10.6
Menifee Mayor and City Council
March 1, 2023
Page
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Amending the Fiscal Year 2022/23 TUMF Fund 310
CIP 23-12: Menifee Road Widening Project
2 4
3 9
7 5
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the TUMF Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

CIP 23-12: Menifee Rd Widening Project $2,169,000 Amended TUMF Fund 310 FY 2022/23 Budget: $12,424,000

Expenditures:

CIP 23-12: Menifee Rd Widening Project $2,169,000 Amended TUMF Fund 310 FY 2022/23 Budget: $20,824,769.75 PASSED, APPROVED AND ADOPTED this 1st day of March 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Kay Vinson, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.6
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March 1, 2023
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Item Title: 10.6
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March 1, 2023
Page
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CITY OF MENIFEE
SUBJECT: Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project
MEETING DATE: March 1, 2023
TO: Mayor and City Council
PREPARED BY: Luke Qu, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement with CivilPros in an amount not-to-exceed $68,941.13 to conduct design, project management and supporting services for the Bell Mountain Middle School Pedestrian Project, Capital Improvement Project No. 22-25.

DISCUSSION
The Bell Mountain Middle School Pedestrian Project (Project), Capital Improvement Project (CIP) No. 22-25, would resurface the roadway, restripe the existing four-lane road to a two-lane roadway to incorporate class II bicycle lanes in both directions, reconstruct 15 non-compliant ADA ramps including installation of truncated domes and high visibility crosswalks at several locations along La Piedra Road between Antelope Road and Menifee Road. Rectangular rapid flashing beacons would also be installed along the crosswalk east of the intersection of La Piedra Road and Spring Deep Terrace. The new roadway configuration would also include dedicated parking lanes along both sides of La Piedra Road. The Project was identified in the City’s Active Transportation Plan as a priority project to promote safety for students commuting to and from Bell Mountain Middle School, as well as residents in the surrounding area.

On January 6, 2023, staff solicited informal quotes for design services from the established short list of preapproved firms through a Request for Quotes (RFQ). The requested services included:
•Project Management
•Preliminary & Final Engineering
•Plans, Specification, and Estimates (PS&E)
•Environmental Analysis
•Utility Coordination
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 1
Menifee Mayor and City Council
March 1, 2023
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City of Menifee Staff Report
CIP 22-25 CivilPros Design Agreement
March 1, 2023

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1 4
2 7
The City received responses from two firms by the submittal deadline, as summarized in Table 1 on the following page.

Table 1- RFQ Response Summary
Firm Name Fee Proposal
CivilPros $68,941.13
Kimley-Horn and Associates, Inc. $123,661.00
Staff has determined that the fee proposed by CivilPros is reasonable for the scope of work to be performed and satisfies the deliverables outlined within the RFQ.

City Council action is required for approval of the proposed professional services agreement (PSA) for the design services with CivilPros as the total amount of the agreement exceeds the City Manager’s signing authority.

STRATEGIC PLAN OBJECTIVE
Accessibility and Interconnectivity

FISCAL IMPACT
The total anticipated cost for the Project’s professional design services is $68,941.13. Funding to support the proposed professional services agreement is available through established Project budgets in fiscal year 2022/23, as summarized in Table 2 below.

Table 2- Existing Project Funding
Fund Project Account
Number
Available
Balance
Cost of
Services
Capital Projects
Bell Mountain
M.S. Pedestrian
Project
526-4555-58143 $209,205.00 $68,941.13

ATTACHMENTS

1. Project Location Map

2. Agreement
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 2
Menifee Mayor and City Council
March 1, 2023
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\BellMountainPedestrianImprovements\BellMountainPedestrianImprovements.aprx Date: 2/8/2022 Bell Mountain Middle School Pedestrian Project
Project Location Map
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 3
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March 1, 2023
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2671/031858-0001
7630376.2 a01/11/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 22-25 BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT FOR

CIVIL DESIGN PLANS, SPECIFICATIONS AND ESTIAMTE (PS&E) SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and CIVILPROS, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on March 1, 2023 and shall end on June 30, 2024 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 4
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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 SIXTY EIGHT THOUSAND NINE HUNDRED FORTY ONE DOLLARS AND THIRTEEN CENTS ($68,941.13) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 5
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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: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 6
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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: 10.7
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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: 10.7
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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 22-25 BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT FOR CIVIL DESIGN PLANS, SPECIFICATIONS AND ESTIAMTE (PS&E) 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.

Item Title: 10.7
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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.

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, Item Title: 10.7
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“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.

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 Item Title: 10.7
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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.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

Item Title: 10.7
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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: 10.7
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c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Item Title: 10.7
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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 Matt Britten, Senior Project Manager (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Item Title: 10.7
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Jenny McConville, Management Analyst I (“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:

CIVILPROS
Attn: Matt Britten, Senior Project Manager
3850 Vine Street, Suite 110
Riverside, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jenny McConville, Management Analyst I
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: 10.7
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Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

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

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.7
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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
Larry Shaw, San Diego Regional Manger
Matt Britten, Civil Engineering Department
Manger
[Corporation must have two signatures]
Item Title: 10.7
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7630376.2 a01/11/23 EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include CIP 22-25 Bell Mountain Middle School Pedestrian Project for Civil Design Plans, Specifications and Estimate (PS&E) Services in the amount not to exceed SIXTY EIGHT

THOUSAND NINE HUNDRED FORTY ONE DOLLARS AND THIRTEEN
CENTS ($68,941.13) as further detailed in the following page(s).

Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 19
Menifee Mayor and City Council
March 1, 2023
Page
161 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A.

Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 20
Menifee Mayor and City Council
March 1, 2023
Page
162 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -2-
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 21
Menifee Mayor and City Council
March 1, 2023
Page
163 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -3-
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 22
Menifee Mayor and City Council
March 1, 2023
Page
164 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -4-
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 23
Menifee Mayor and City Council
March 1, 2023
Page
165 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -5-
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 24
Menifee Mayor and City Council
March 1, 2023
Page
166 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -6-
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 25
Menifee Mayor and City Council
March 1, 2023
Page
167 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -7-
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 26
Menifee Mayor and City Council
March 1, 2023
Page
168 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -8-
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 27
Menifee Mayor and City Council
March 1, 2023
Page
169 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A. -9-
Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 28
Menifee Mayor and City Council
March 1, 2023
Page
170 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A.

Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 29
Menifee Mayor and City Council
March 1, 2023
Page
171 of 677

2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A.

Item Title: 10.7
Agreement with CivilPros for Design Services for the Bell Mountain Middle School Pedestrian Project Item Page Number: 30
Menifee Mayor and City Council
March 1, 2023
Page
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CITY OF MENIFEE
SUBJECT: Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC MEETING DATE: March 1, 2023
TO: Mayor and City Council
PREPARED BY: Daniel Padilla, City Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the filing of final map 36803, Menifee 80, by FPG Sun Menifee, LLC, located at the southeast corner of Holland Road and Evans Road; and

2. Approve and authorize the City Manager to execute the Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 36803.

DISCUSSION
Tract Map 36803, also known as Menifee 80 and/or Estrella (“Project”), is a proposed subdivision of 30 gross acres of land into 80 residential lots accommodating 160 dwelling units as shown in the attached final map and site plan. The Project is located at the southeast corner of Holland Road and Evans Road. Each lot will have a primary dwelling unit and an accessory dwelling unit (“ADU”) consistent with state law.

This project is a build-to-rent, private, gated community. The developer/owner entity will initially own and maintain all lots and private community infrastructure and facilities. There is the potential for each separate individual residential lot to be sold in the future. The future sale of the first lot, will trigger and require an HOA to own and maintain all private community infrastructure and facilities.

On June 7, 2017, the City Council adopted Resolution No. 17-611 approving Tentative Tract Map 36803. FPG Sun Menifee, LLC (“Developer”) is now requesting approval and filing of the final map for Tract 36803 and approval of the associated Subdivision Improvement Agreement (“SIA”) as required by the Project’s conditions of approval. The SIA requires that improvement securities be posted to guarantee the completion of the required onsite and offsite improvements. The SIA Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 1
Menifee Mayor and City Council
March 1, 2023
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City of Menifee Staff Report
Final Map 36803 Menifee 80
March 1, 2023

Page 2 of 3 ends

1 3
9 8
requires that public improvements be completed within 12 months from the date of City Council approval.

Staff has reviewed the Developer’s request and determined that the SIA meets the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in the tables on the following page.

Table 1 – Offsite Public Improvements
Improvement Security Faithful
Performance Material and Labor
Streets and Drainage
(Evans Road) 225122F $ 1,540,000 $ 770,000
Streets and Drainage
(Holland Road) 225122G $ 1,555,000 $ 777,500
Street and Drainage
(Corson Avenue) 225122D $ 690,000 $ 345,000
Water/ Recycled Water/Sewer
(Corson Avenue) 225122J $ 62,500 $ 31,250
Water/ Recycled Water/Sewer
(Evans Road) 225122K $ 169,000 $ 84,500
Water/ Recycled Water/Sewer
(Holland Road) 225122M $ 123,000 $ 61,500
Total $ 4,139,500 $ 2,069,750
Table 2 – Onsite Public Improvements
Improvement Security Faithful
Performance Material and Labor
Streets and Drainage 225121N $ 4,333,000 $ 2,166,500
Sewer System 225121P $ 302,200 $ 151,000
Water System 278954Q $ 652,000 $ 326,000
Total $ 5,287,200 $ 2,643,600
The total securities required for all improvements have been provided by the Developer in the total amount of $9,426,700.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Final Map

2. Site Plan
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 2
Menifee Mayor and City Council
March 1, 2023
Page
174 of 677

City of Menifee Staff Report
Final Map 36803 Menifee 80
March 1, 2023

Page 3 of 3 ends

1 3
9 8

3. Subdivision Improvement Agreement

4. Bonds
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 3
Menifee Mayor and City Council
March 1, 2023
Page
175 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 4
Menifee Mayor and City Council
March 1, 2023
Page
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 5
Menifee Mayor and City Council
March 1, 2023
Page
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 6
Menifee Mayor and City Council
March 1, 2023
Page
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VICINITY MAP

CITY OF MENIFEECOUNTY OF RIVERSIDE
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 7
Menifee Mayor and City Council
March 1, 2023
Page
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 8
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March 1, 2023
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 9
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March 1, 2023
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 10
Menifee Mayor and City Council
March 1, 2023
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 11
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March 1, 2023
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VICINITY MAP

CITY OF MENIFEECOUNTY OF RIVERSIDE
···
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 12
Menifee Mayor and City Council
March 1, 2023
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 13
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 14
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Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 15
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 16
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 17
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 18
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 19
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 20
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 21
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 22
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 23
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 24
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 25
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 26
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 27
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 28
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 29
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 30
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 31
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 32
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 33
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March 1, 2023
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 34
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Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 35
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March 1, 2023
Page
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EXHIBIT “A”

Improvement Construction Cost Estimates
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 36
Menifee Mayor and City Council
March 1, 2023
Page
208 of 677

OFFSITE EVANS ROAD (STREET&SD)
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 1,540,231.69 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 0.00 $ $
Rec Wtr EMWD $ 0.00 $ $
Sewer EMWD $ 0.00 $ $
Total 1,540,231.69 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts
○ do ● do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).

Signature Date
Name Typed or printed RCE# Exp. Date
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.
1,540,000.00 770,000.00
154,000.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***

0.00 0.00

0.00 0.00
Construction Costs) Construction Costs)
1,540,000.00 770,000.00

0.00 0.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
IP21-013SSD

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36803 7/20/2022
08/29/22

RICHARD D REAVES
80614 03/31/23
ENG/PW
City of Menifee
08/30/2022

RECEIVED

APPROVED
COST

ESTIMATE
9/28/22 E.S.

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 37
Menifee Mayor and City Council
March 1, 2023
Page
209 of 677

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS

UNIT
ROADWAY SECTION 1 Area = S.F.

Excavation
Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 200,403.72
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 143,178.24
Thickness in Feet =
Ton $ 600.00 $ 1,374.51
L.F. $ 1.00 $ 985.00
S.Y. $ 0.60 $ 315.60
S.Y. $ 8.00 $ 23,560.00
L.F. $ 3.00 $ 3,549.00
S.F. $ 0.90 $ 4,261.50
L.F. $ 14.00 $ 14,770.00
L.F. $ 8.00 $ 3,120.00
S.F. $ 6.00 $ 34,422.00
EA. $ 5,000.00 $ 30,000.00
C.Y. $ 400.00 $ 400.00
EA. $ 500.00 $ 500.00
C.Y. $ 80.00 $ 80.00
L.F. $ 113.00 $ 8,588.00
L.F. $ 178.00 $ 17,800.00
EA. $ 6,500.00 $ 6,500.00
EA. $ 3,500.00 $ 3,500.00
L.F. $ 0.63 $ 4,864.86
L.F. $ 0.78 $ 1,065.48
S.F. $ 2.25 $ 2,376.00
EA. $ 150.00 $ 1,350.00
EA. $ 200.00 $ 1,600.00
EA. $ 200.00 $ 1,800.00
A. $ 1,283,526.41
B. Administrative Contingency (20% x A) $ 256,705.28
C. CM - Inspection - LC (8%) $ 102,682.11
D. $ 1,540,231.69
E. $ 0.00
F. Streets/Drainage Total (D + E) $ 1,540,231.69
Headwall for 36" or smaller storm drain 1

SIGNING, STRIPING AND SIGNALS
20% x C

BOND AMOUNT FOR RECORDATION PRIOR TO

HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
Subtotal
Streets/Drainage Total (A + B)
Sign 9
Install Sign ( Strap and Saddle Bracket Method) 9
Sign & Post 8
Marking 1,056.0
8" Thermoplastic Channelizing Line 1,366
6" Thermoplastic Bike Lane Stripes 7,722
Rip Rap ( 1/4 Ton ) Methob B ( 1.9 tons /CY) 1
Cut Off Wall ( Std 2' ) 1
A. C. Overside Drain 1
Manhole No. 2 1
36" R.C.P. round, arch or elliptical 100
18" R.C.P. round, arch or elliptical 76
A.C. Dike (6")(incl. material & labor) 390
AC overlay (min. 0.10') 4,735
Curb and Gutter (Type A-6) 1,055

DRAINAGE
Street Lights (including conduit) 6
P.C.C. Sidewalk 5,737

1.25 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

2.3 Remove A.C. Dike 1,183
Grinding A.C. , in place 526
Remove A.C. Pavement 2,945
Sawcut Exist. A.C. Pavement 985

0.5 Agg Base Class II 2,864
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual costs
to assure that work will be corrected to eliminate
(a.) Excavate and Fill -
(b.) Excavate and Export -
C.Y. $
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) 2,227
Area x 0.50' (hinge point to hinge point)

2. Projects without a Grading Plan
61,853

1. Projects with Grading Plan for Roadway
30,927
COST

25.00 $ 773,162.50

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 38
Menifee Mayor and City Council
March 1, 2023
Page
210 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 1,540,231.69
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 46,206.95
Total

INSPECTION DEPOSIT CALCULATION
Street/DrainageA. Street/Drainage ( % x I.)
NOTE: Use 3% for Inspection
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

COST ESTIMATE CALCULATION SHEET
36803 7/20/2022
IMPROVEMENT COSTS (Including Contingencies)
I. Streets/Drainage (Line C from Street Improvement Calculations) II. Domestic Water (Line C from Domestic Water Improvement Calculations) III. Recycled Water (Line C from Recycled Water Improvement Calculations) Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 39
Menifee Mayor and City Council
March 1, 2023
Page
211 of 677

OFFSITE HOLLAND ROAD (STREET&SD)
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 1,554,935.32 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 0.00 $ $
Rec Wtr EMWD $ 0.00 $ $
Sewer EMWD $ 0.00 $ $
Total 1,554,935.32 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts ○ do ● do not include additional 20% for recordat ion prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

IP21-013SSD

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36803 7/20/2022

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
Construction Costs) Construction Costs)
1,555,000.00 777,500.00

0.00 0.00

0.00 0.00
1,555,000.00 777,500.00
155,500.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
08/29/22

RICHARD D REAVES
80614 03/31/23
ENG/PW
City of Menifee
08/30/2022

RECEIVED

APPROVED
COST

ESTIMATE
9/28/22 E.S.

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 40
Menifee Mayor and City Council
March 1, 2023
Page
212 of 677

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS

UNIT
ROADWAY SECTION 1 Area = S.F.

Excavation
Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 124,545.60
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 83,073.11
Thickness in Feet =
Ton $ 600.00 $ 854.22
L.F. $ 1.00 $ 1,037.00
S.F. $ 0.50 $ 0.00
S.Y. $ 0.60 $ 425.40
S.Y. $ 8.00 $ 14,872.00
L.F. $ 3.00 $ 1,539.00
S.F. $ 0.90 $ 5,746.50
L.F. $ 16.00 $ 15,232.00
S.F. $ 6.00 $ 31,302.00
EA. $ 1,500.00 $ 1,500.00
EA. $ 10,000.00 $ 10,000.00
EA. $ 5,000.00 $ 25,000.00
L.F. $ 178.00 $ 190,460.00
L.F. $ 235.00 $ 264,845.00
EA. $ 4,500.00 $ 4,500.00
EA. $ 6,500.00 $ 26,000.00
EA. $ 2,700.00 $ 0.00
EA. $ 6,500.00 $ 6,500.00
C.Y. $ 400.00 $ 400.00
EA. $ 6,000.00 $ 6,000.00
L.F. $ 0.82 $ 1,172.60
EA. $ 275.00 $ 275.00
A. $ 1,295,779.43
B. Administrative Contingency (20% x A) $ 259,155.89
C. CM - Inspection - LC (8%) $ 103,662.35
D. $ 1,554,935.32
E $ 0.00
F Streets/Drainage Total (D + E) $ 1,554,935.32

ITEM QUANTITY UNIT AMOUNT

25.00 $ 480,500.00

38,440

1. Projects with Grading Plan for Roadway
19,220
COST
C.Y. $
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) 1,384
Area x 0.50' (hinge point to hinge point)

2. Projects without a Grading Plan

0.5 Agg Base Class II 1,661
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual costs
to assure that work will be corrected to eliminate
hazardous conditions.)
(a.) Excavate and Fill -
(b.) Excavate and Export -

1.167
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

1.4 Sawcut Exist. A.C. Pavement 1,037
Cold Plane A.C. Pavement
Remove A.C. Dike 513
Grinding A.C. , in place 709
Remove A.C. Pavement 1,859
Curb and Gutter (Type A-8) 952
AC overlay (min. 0.10') 6,385
P.C.C. Sidewalk 5,217
ADA Access Ramp (w/ new construction) 1
Relocate Power Pole 1
Street Lights (including conduit) 5

DRAINAGE
48" R.C.P. round, arch or elliptical 1127
36" R.C.P. round, arch or elliptical 1070
Junction Structure No. 2 1
Structural Reinforcement Concrete 1
Headwall for 48" or smaller storm drain 1
Manhole No. 2 4
Manhole No. 3
Manhole No. 4 1

BOND AMOUNT FOR RECORDATION PRIOR TO

HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
20% x C
Subtotal
Streets/Drainage Total (A + B)

SIGNING, STRIPING AND SIGNALS
8" Painted Channelizing Line 1,430
Street Name Sign 1
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 41
Menifee Mayor and City Council
March 1, 2023
Page
213 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 1,554,935.32
$ 0.00
$ 0.00
$ 0.00
$ 1,554,935.32
$ 46,648.06
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

COST ESTIMATE CALCULATION SHEET
36803 6/2/2022
IMPROVEMENT COSTS (Including Contingencies)
I. Streets/Drainage (Line C from Street Improvement Calculations) II. Domestic Water (Line C from Domestic Water Improvement Calculations) III. Recycled Water (Line C from Recycled Water Improvement Calculations) Total

INSPECTION DEPOSIT CALCULATION
Street/DrainageA. Street/Drainage ( % x I.)
NOTE: Use 3% for Inspection
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 42
Menifee Mayor and City Council
March 1, 2023
Page
214 of 677

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 690,061.60 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 0.00 $ $
Rec Wtr EMWD $ 0.00 $ $
Sewer EMWD $ 0.00 $ $
Total 690,061.60 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts ○ do ● do not include additional 20% for recordat ion prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

690,000.00 345,000.00
69,000.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***

0.00 0.00

0.00 0.00
Construction Costs) Construction Costs)
690,000.00 345,000.00

0.00 0.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
IP21-013S

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
OFFSITE CORSON AVENUE (STREET&SD/DOM. WATER)
36803 7/19/2022
07/20/22

RICHARD REAVES
80614 03/31/23
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 43
Menifee Mayor and City Council
March 1, 2023
Page
215 of 677

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS

UNIT
ROADWAY SECTION 1 Area = S.F.

Excavation
Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 67,579.86
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 29,262.04
Thickness in Feet =
Ton $ 600.00 $ 702.29
L.F. $ 3.00 $ 615.00
L.F. $ 10.00 $ 740.00
L.F. $ 14.00 $ 17,542.00
L.F. $ 8.00 $ 648.00
S.F. $ 6.00 $ 40,998.00
S.F. $ 8.00 $ 1,376.00
EA. $ 1,500.00 $ 3,000.00
EA. $ 1,000.00 $ 1,000.00
EA. $ 5,000.00 $ 15,000.00
L.F. $ 0.55 $ 238.70
S.F $ 3.61 $ 433.20
EA. $ 50.00 $ 50.00
EA. $ 275.00 $ 275.00
EA. $ 150.00 $ 150.00
EA. $ 250.00 $ 250.00
EA. $ 150.00 $ 150.00
EA. $ 3.75 $ 3.75
A. $ 575,051.33
B. Administrative Contingency (20% x A) $ 115,010.27
C. CM - Inspection - LC (8%) $ 46,004.11
D. $ 690,061.60
E. $ 0.00
F Streets/Drainage Total (D + E) $ 690,061.60
Streets/Drainage Total (A + B)
Subtotal
Pavement Marker, Reflective 1
Street Name Sign 1
Install Sign ( Strap and Saddle Bracket Method) 1
Stop Sign & Post 1
1 Remove, Sign, Salvage 1
Thermoplastic Pavement Markings 120
6" Painted Double Solid Stripes 434

SIGNING, STRIPING AND SIGNALS
Street Lights (including conduit) 3
Pipe Gate 1
ADA Access Ramp (w/ new construction) 2
P.C.C. Sidewalk 6,833
P.C.C. Driveway Approach 172
A.C. Dike (6")(incl. material & labor) 81
Curb and Gutter (Type A-6) 1,253
Remove A.C. Dike 205
Remove Barricade 74
Sign

0.5 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

1.2 751

0.33 Agg Base Class II 585
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual costs
to assure that work will be corrected to eliminate
hazardous conditions.)
(a.) Excavate and Fill -
(b.) Excavate and Export -

BOND AMOUNT FOR RECORDATION PRIOR TO

HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
20% x C

ITEM QUANTITY UNIT AMOUNT
COST

25.00 $ 395,037.50 Area x 0.50' (hinge point to hinge point)

2. Projects without a Grading Plan
31,603

1. Projects with Grading Plan for Roadway
15,802 C.Y. $
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft)
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 44
Menifee Mayor and City Council
March 1, 2023
Page
216 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 690,061.60
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 20,701.85
Total

INSPECTION DEPOSIT CALCULATION
Street/DrainageA. Street/Drainage ( % x I.)
NOTE: Use 3% for Inspection
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

COST ESTIMATE CALCULATION SHEET
36803 7/19/2022
IMPROVEMENT COSTS (Including Contingencies)
I. Streets/Drainage (Line C from Street Improvement Calculations) II. Domestic Water (Line C from Domestic Water Improvement Calculations) III. Recycled Water (Line C from Recycled Water Improvement Calculations) Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 45
Menifee Mayor and City Council
March 1, 2023
Page
217 of 677

OFFSITE CORSON AVE (REC WATER/DOM WATER)
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 0.00 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 61,702.80 $ $
Rec Wtr EMWD $ 378.00 $ $
Sewer EMWD $ 720.00 $ $
Total 62,800.80 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts
○ do ● do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

IP21-013U Corson Ave.

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36803 10/25/2022

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
Construction Costs) Construction Costs)

0.00 0.00

0.00 0.00
61,500.00 30,750.00
500.00 250.00
500.00 250.00
62,500.00 31,250.00
6,250.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
10-25-22
RICHARD REAVES 80614 03-31-23

COST ESTIMATE

APPROVED FOR
BONDS 10/25/22 E.S.

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 46
Menifee Mayor and City Council
March 1, 2023
Page
218 of 677

UNIT
L.F. $ 25.00 $ 875.00
L.F. $ 30.00 $ 2,100.00
L.F. $ 35.00 $ 22,330.00
EA. $ 715.00 $ 715.00
EA. $ 830.00 $ 830.00
EA. $ 4,000.00 $ 4,000.00
EA. $ 4,500.00 $ 9,000.00
EA. $ 250.00 $ 250.00
EA. $ 35.00 $ 70.00
EA. $ 5.00 $ 5.00
EA. $ 772.00 $ 772.00
EA. $ 572.00 $ 572.00
EA. $ 300.00 $ 300.00
EA. $ 3,200.00 $ 3,200.00
EA. $ 3,000.00 $ 3,000.00
EA. $ 1,800.00 $ 1,800.00
EA. $ 1,000.00 $ 1,000.00
EA. $ 300.00 $ 600.00
A. $ 51,419.00
B. $ 10,283.80
C. $ 61,702.80
D. $ 0.00
E. $ 61,702.80

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
COST
4" Waterline PVC C-900 DR-18 35
6" Waterline PVC C-900 DR-18 70
8" Waterline PVC C-900 DR-18 638
4" Gate Valve RS 1
6" Gate Valve RS 1
6" Fire Hydrant (Standard) 1
4" Service Connection ( No Meter) 2
8" Hub Elbow 1
6" Hub Elbow 2
8"x6" Reducer 1
4" Hub Elbow 1
12"x8" Reducer 1
6" DCDA 1
2" Water Meter 1

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
Miscellaneous Fittings 2
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)
20% x C
Water Total (C + D)
3" Backflow 1
18"x8"x6" Flanged Tee
16"x6"x4" Flanged Tee
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 47
Menifee Mayor and City Council
March 1, 2023
Page
219 of 677

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

RECYCLED WATER IMPROVEMENTS

UNIT
EA. $ 315.00 $ 315.00
A. $ 315.00
B. $ 63.00
C. $ 378.00
D. $ 0.00
E. $ 378.00
COST

ITEM QUANTITY UNIT AMOUNT
2" Landscape Meter 1
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
20% x C
Water Total (C + D)
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 48
Menifee Mayor and City Council
March 1, 2023
Page
220 of 677

UNIT
EA. $ 500.00 $ 500.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 500.00
B. $ 100.00
C. $ 600.00
D. $ 120.00
E. $ 720.00

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
COST
Adjust M.H. to grade 1
20% x C
Sewer Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Sewer Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
(ORD.460, SEC. 10.3E)
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 49
Menifee Mayor and City Council
March 1, 2023
Page
221 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 0.00
$ 61,702.80
$ 378.00
$ 600.00
$ 62,680.80
$ 1,880.42
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

INSPECTION DEPOSIT CALCULATION
Street/DrainageA. Street/Drainage ( % x I.)
NOTE: Use 3% for Inspection
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 50
Menifee Mayor and City Council
March 1, 2023
Page
222 of 677

OFFSITE EVANS ROAD (REC WATER/DOM WATER)
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 0.00 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 49,442.40 $ $
Rec Wtr EMWD $ 118,878.00 $ $
Sewer EMWD $ 720.00 $ $
Total 169,040.40 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts
○ do ● do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

IP21-013U Evans Road

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36803 10/25/2022

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
Construction Costs) Construction Costs)

0.00 0.00

0.00 0.00
49,500.00 24,750.00
119,000.00 59,500.00
500.00 250.00
169,000.00 84,500.00
16,900.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
10-25-22
RICHARD REAVES 80614 03-31-23

COST ESTIMATE

APPROVED FOR
BONDS 10/25/22 E.S.

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 51
Menifee Mayor and City Council
March 1, 2023
Page
223 of 677

UNIT
L.F. $ 25.00 $ 825.00
L.F. $ 30.00 $ 2,040.00
L.F. $ 35.00 $ 4,725.00
EA. $ 715.00 $ 715.00
EA. $ 830.00 $ 830.00
EA. $ 1,340.00 $ 1,340.00
EA. $ 2,780.00 $ 5,560.00
EA. $ 4,500.00 $ 9,000.00
EA. $ 200.00 $ 200.00
EA. $ 500.00 $ 500.00
EA. $ 35.00 $ 70.00
EA. $ 5.00 $ 5.00
EA. $ 772.00 $ 772.00
EA. $ 1,700.00 $ 1,700.00
EA. $ 260.00 $ 520.00
EA. $ 300.00 $ 600.00
EA. $ 3,200.00 $ 3,200.00
EA. $ 3,000.00 $ 3,000.00
EA. $ 2,000.00 $ 2,000.00
EA. $ 1,000.00 $ 2,000.00
EA. $ 1,000.00 $ 1,000.00
EA. $ 300.00 $ 600.00
A. $ 41,202.00
B. $ 8,240.40
C. $ 49,442.40
D. $ 0.00
E. $ 49,442.40

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
COST
4" Waterline PVC C-900 DR-18 33
6" Waterline PVC C-900 DR-18 68
8" Waterline PVC C-900 DR-18 135
4" Gate Valve RS 1
6" Gate Valve RS 1
8" Gate Valve RS 1
2" Service Connection ( No Meter) 2
4" Service Connection ( No Meter) 2
Adjust Water Valve to Grade 1
Removal of Blowoff 1
6" Hub Elbow 2
4" Hub Elbow 1
12"x8" Reducer 1
6" DCDA 1
12" Cross 1

1.5" Water meter 2
2" Water Meter 2

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
Miscellaneous Fittings 2
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)
20% x C
Water Total (C + D)
3" Backflow 1

21.5" Backflow
16"x6"x4" Flanged Tee
2" Backflow 1
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 52
Menifee Mayor and City Council
March 1, 2023
Page
224 of 677

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

RECYCLED WATER IMPROVEMENTS

UNIT
L.F. $ 55.00 $ 72,380.00
EA. $ 830.00 $ 1,660.00
EA. $ 2,300.00 $ 2,300.00
EA. $ 4,000.00 $ 8,000.00
EA. $ 2,400.00 $ 2,400.00
EA. $ 2,780.00 $ 2,780.00
EA. $ 500.00 $ 500.00
EA. $ 2,000.00 $ 2,000.00
EA. $ 3,000.00 $ 3,000.00
EA. $ 120.00 $ 1,200.00
EA. $ 315.00 $ 315.00
EA. $ 1,200.00 $ 2,400.00
EA. $ 130.00 $ 130.00
A. $ 99,065.00
B. $ 19,813.00
C. $ 118,878.00
D. $ 0.00
E. $ 118,878.00
COST

ITEM QUANTITY UNIT AMOUNT
12" Waterline PVC C-900 DR-18 Purple 1,316
6" Gate Valve RS 2
12" Gate Valve RS 1
6" Blowoff 2
1" Air and Vacuum Valve. 1
2" Service Connection ( No Meter) 1
Removal of Blowoff 1
Join at existing end of 12" pipe 1
1" Backflow Preventer 1
Miscellaneous Fitting 10
1" Landscape Meter 1
12" End Cap 1
6"X12" Flanged Tee 2
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
20% x C
Water Total (C + D)
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 53
Menifee Mayor and City Council
March 1, 2023
Page
225 of 677

UNIT
EA. $ 500.00 $ 500.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 500.00
B. $ 100.00
C. $ 600.00
D. $ 120.00
E. $ 720.00

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
COST
Adjust M.H. to grade 1
20% x C
Sewer Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Sewer Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
(ORD.460, SEC. 10.3E)
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 54
Menifee Mayor and City Council
March 1, 2023
Page
226 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 0.00
$ 49,442.40
$ 118,878.00
$ 600.00
$ 168,920.40
$ 0.00
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

INSPECTION DEPOSIT CALCULATION
Street/DrainageA. Street/Drainage ( % x I.)
NOTE: Use 3% for Inspection
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 55
Menifee Mayor and City Council
March 1, 2023
Page
227 of 677

OFFSITE HOLLAND ROAD (REC WATER/DOM WATER/SEWER)
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 0.00 $ $
*Flood Control $ 0.00 $ $
Dom Wtr EMWD $ 11,052.00 $ $
Rec Wtr EMWD $ 71,280.00 $ $
Sewer EMWD $ 40,578.00 $ $
Total 122,910.00 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts ○ do ● do not include additional 20% for recordat ion prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

123,000.00 61,500.00
12,300.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
11,000.00 5,500.00
71,500.00 35,750.00
40,500.00 20,250.00
Construction Costs) Construction Costs)

0.00 0.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
IP21-013U Holland Road

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36803 10/25/2022
10-25-22
RICHARD REAVES 80614 03-31-23

COST ESTIMATE

APPROVED FOR
BONDS 10/25/22 E.S.

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 56
Menifee Mayor and City Council
March 1, 2023
Page
228 of 677

UNIT
L.F. $ 30.00 $ 930.00
EA. $ 830.00 $ 830.00
EA. $ 4,000.00 $ 4,000.00
EA. $ 3,150.00 $ 3,150.00
EA. $ 300.00 $ 300.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 9,210.00
B. $ 1,842.00
C. $ 11,052.00
D. $ 0.00
E. $ 11,052.00
20% x C
Water Total (C + D)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)
12" Hot Tap 1
Miscellaneous Fittings 1
6" Fire Hydrant (Standard) 1
6" Gate Valve RS 1
COST
6" Waterline PVC C-900 DR-18 31

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 57
Menifee Mayor and City Council
March 1, 2023
Page
229 of 677

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

RECYCLED WATER IMPROVEMENTS

UNIT
L.F. $ 35.00 $ 34,160.00
EA. $ 715.00 $ 1,430.00
EA. $ 1,340.00 $ 2,680.00
EA. $ 3,500.00 $ 7,000.00
EA. $ 2,780.00 $ 2,780.00
EA. $ 1,750.00 $ 1,750.00
EA. $ 3,500.00 $ 3,500.00
EA. $ 1,500.00 $ 3,000.00
EA. $ 350.00 $ 350.00
EA. $ 50.00 $ 50.00
EA. $ 300.00 $ 2,700.00
$ $ 0.00
A. $ 59,400.00
B. $ 11,880.00
C. $ 71,280.00
D. $ 0.00
E. $ 71,280.00
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
20% x C
Water Total (C + D)
8" End Cap 1
Miscellaneous Fittings 9
12"x8" Flange Tee 1
8"x4" Flange Tee 2
1" Meter 1
1" Backflow Preventer 1
2" Service Connection ( No Meter) 1
4" Blowoff 2
8" Gate Valve RS 2
4" Gate Valve RS 2
8" Waterline PVC C-900 DR-18 Purple 976
COST

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 58
Menifee Mayor and City Council
March 1, 2023
Page
230 of 677

UNIT
L.F. $ 35.00 $ 22,295.00
EA. $ 3,140.00 $ 9,420.00
EA. $ 2,100.00 $ 2,100.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 33,815.00
B. $ 6,763.00
C. $ 40,578.00
D. $ 0.00
E. $ 40,578.00Sewer Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Sewer Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
(ORD.460, SEC. 10.3E)
20% x C
Tie to Existing Manhole 1
Standard Manhole 48" 3
8" PVC SDR 35 Green 637
COST

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 59
Menifee Mayor and City Council
March 1, 2023
Page
231 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 0.00
$ 11,052.00
$ 71,280.00
$ 40,578.00
$ 122,910.00
$ 0.00
Total

INSPECTION DEPOSIT CALCULATION
Street/DrainageA. Street/Drainage ( % x I.)
NOTE: Use 3% for Inspection
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

COST ESTIMATE CALCULATION SHEET
36803
IMPROVEMENT COSTS (Including Contingencies)
I. Streets/Drainage (Line C from Street Improvement Calculations) II. Domestic Water (Line C from Domestic Water Improvement Calculations) III. Recycled Water (Line C from Recycled Water Improvement Calculations) 10/25/2022
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 60
Menifee Mayor and City Council
March 1, 2023
Page
232 of 677

ONSITE (STREET&SD) (PRIVATE)
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 4,333,093.73 $ $
*Flood Control $ 0.00 $ $
Dom Wtr $ 0.00 $ $
Rec Wtr $ 0.00 $ $
Sewer $ 0.00 $ $
Total 4,333,093.73 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts
○ do ●do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***

0.00 0.00

0.00 0.00
Construction Costs) Construction Costs)
4,333,000.00 2,166,500.00

0.00 0.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
IP21-014SSD

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36803 5/31/2022
06/03/22

RICHARD REAVES
80614 06/02/2022
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 61
Menifee Mayor and City Council
March 1, 2023
Page
233 of 677

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS

UNIT
ROADWAY SECTION 1 Area = S.F.

Excavation
Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 359,614.73
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 155,712.96
Thickness in Feet =
Ton $ 600.00 $ 3,737.11
ROADWAY SECTION 2 Area = S.F.

Excavation

2. Projects without a Grading Plan:

Cut (c) = C.Y.

Road area and side slopes to daylight Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 0.00
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 0.00
Thickness in Feet =
Ton $ 600.00 $ 0.00
ROADWAY SECTION 3 Area = S.F.

Excavation

2. Projects without a Grading Plan:

Cut (c) = C.Y.

Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 0.00
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 0.00
Thickness in Feet =
Ton $ 600.00 $ 0.00Asphalt Emulsion (Fog Seal/Paint Binder) (1 ton = 240 gals)
-
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) -
Agg Base Class II -
(a.) Excavate and Fill -
(b.) Excavate and Export -
C.Y. $ 25.00 $ 0.00 Area x 0.50' (hinge point to hinge point) Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)
-

1. Projects with Grading Plan for Roadway
(c.) Import and Fill -
Asphalt Concrete (144 lbs/cu.ft) -
Agg Base Class II -
(a.) Excavate and Fill -
(b.) Excavate and Export -
C.Y. $ 25.00 $ 0.00 Area x 0.50' (hinge point to hinge point)

0.5 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

6.2 1. Projects with Grading Plan for Roadway
3,996

0.33 Agg Base Class II 3,114
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual
costs to assure that work will be corrected to
eliminate hazardous conditions.)
(a.) Excavate and Fill -
(b.) Excavate and Export -
Asphalt Concrete (144 lbs/cu.ft)

ITEM QUANTITY UNIT AMOUNT
COST

25.00 $ 2,102,125.00 Area x 0.50' (hinge point to hinge point)

2. Projects without a Grading Plan
168,170

1. Projects with Grading Plan for Roadway
84,085 C.Y. $
(c.) Import and Fill -
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 62
Menifee Mayor and City Council
March 1, 2023
Page
234 of 677

L.F. $ 1.00 $ 0.00
S.F. $ 0.50 $ 0.00
S.Y. $ 0.60 $ 0.00
S.Y. $ 8.00 $ 0.00
L.F. $ 18.00 $ 0.00
L.F. $ 3.00 $ 0.00
L.F. $ 7.50 $ 0.00
L.F. $ 10.00 $ 0.00
EA. $ 250.00 $ 0.00
S.F. $ 0.90 $ 0.00
L.F. $ 14.00 $ 111,776.00
L.F. $ 16.00 $ 0.00
L.F. $ 12.00 $ 6,396.00
L.F. $ 10.00 $ 0.00
L.F. $ 15.00 $ 0.00
L.F. $ 8.00 $ 0.00
L.F. $ 10.00 $ 0.00
S.F. $ 10.00 $ 6,520.00
S.F. $ 6.00 $ 278,700.00
S.F. $ 8.00 $ 291,120.00
S.F. $ 6.00 $ 0.00
EA. $ 1,500.00 $ 16,500.00
EA. $ 2,500.00 $ 0.00
L.F. $ 100.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 10.00 $ 0.00
L.F. $ 15.00 $ 7,005.00
L.F. $ 1,000.00 $ 0.00
L.F. $ 12.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 10,000.00 $ 0.00
EA. $ 5,000.00 $ 140,000.00
EA. $ 150.00 $ 0.00
EA. $ 400.00 $ 0.00
S.F. $ 4.00 $ 0.00
S.F. $ 10.00 $ 0.00
EA $ 100.00 $ 0.00
S.F. $ 3.50 $ 0.00
C.Y. $ 27.00 $ 0.00
EA $ 7,000.00 $ 0.00
S.F. $ 10,000.00 $ 0.00
EA $ 3,000.00 $ 0.00Remove trees
Landscape Fill Material
Water Meter
Electric Meter
Colored Stamped Concrete
Street Trees ( 15 Gallon )
Landscape and Irrigation

LANDSCAPING
Maintenance Walk STD 113
Adjust MH to Grade ( if no sewer plan )
Relocate Power Pole
Street Lights (including conduit) 28
Adjust Water Valve to Grade ( if no water plan )
Chain Gate ( 6' )
Relocate Fence
Pipe Gate
Barricades
Metal Beam Guard Railing
(total length of Streets)
Chain Link Fence ( 6' ) 467
P.C.C. Dip Section Std. 307
ADA Access Ramp (w/ new construction) 11
ADA Access Ramp (in existing improvements)
P.C.C. Cross Gutter and Spandrels 652
P.C.C. Sidewalk 46,450
P.C.C. Driveway Approach 36,390
Type "D" Curb
A.C. Dike (6")(incl. material & labor)
A.C. Dike (8")(incl. material & labor)
Curb and Gutter (Type A-8)
Type "6A" Curb 533
Type "D-1" Curb
Relocate Mailbox
AC overlay (min. 0.10')
Curb and Gutter (Type A-6) 7,984
Remove A.C. Dike
Remove Chain Link Fence
Remove Barricade
Grinding A.C. , in place
Remove A.C. Pavement
Remove Curb and Gutter
Sawcut Exist. A.C. Pavement
Cold Plane A.C. Pavement
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 63
Menifee Mayor and City Council
March 1, 2023
Page
235 of 677

EA. $ 200.00 $ 0.00
EA. $ 300.00 $ 0.00
C.Y. $ 400.00 $ 0.00
EA. $ 500.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
S.F. $ 6.50 $ 0.00
S.F. $ 6.50 $ 0.00
C.Y. $ 400.00 $ 0.00
C.Y. $ 200.00 $ 0.00
C.Y. $ 80.00 $ 0.00
C.Y. $ 90.00 $ 0.00
C.Y. $ 100.00 $ 0.00
C.Y. $ 110.00 $ 0.00
C.Y. $ 100.00 $ 0.00
C.Y. $ 120.00 $ 0.00
C.Y. $ 130.00 $ 0.00
C.Y. $ 140.00 $ 0.00
L.F. $ 113.00 $ 8,927.00
L.F. $ 132.00 $ 22,308.00
L.F. $ 153.00 $ 0.00
L.F. $ 178.00 $ 13,706.00
L.F. $ 204.00 $ 0.00
L.F. $ 235.00 $ 0.00
L.F. $ 40.00 $ 0.00
L.F. $ 50.00 $ 0.00
L.F. $ 60.00 $ 0.00
L.F. $ 70.00 $ 0.00
L.F. $ 80.00 $ 0.00
L.F. $ 100.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 4,000.00 $ 4,000.00
EA. $ 7,500.00 $ 0.00
EA. $ 11,000.00 $ 33,000.00
EA. $ 14,500.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 4,500.00 $ 9,000.00
EA. $ 5,000.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 5,000.00 $ 0.00
EA. $ 6,500.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 6,500.00 $ 0.00
C.Y. $ 400.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 7,000.00 $ 28,000.00
EA. $ 8,000.00 $ 8,000.00Headwall for 96" 1
Structural Reinforcement Concrete
Headwall for 36" or smaller storm drain
5'x5' Drop Inlet 4
Manhole No. 2
Manhole No. 3
Manhole No. 4
Transition Structure No. 2
Transition Structure No. 3
Manhole No. 1
Junction Structure No. 2 2
Junction Structure No. 6
Transition Structure No. 1
Catch Basin W=28'
Inlet Type IX or X
Junction Structure No. 1
Catch Basin W=7' 1
Catch Basin W=14'
Catch Basin W=21' 3
42" C.S.P. or HDPE N12
48" C.S.P. or HDPE N12
Catch Basin W=4'
24" C.S.P. or HDPE N12
30" C.S.P. or HDPE N12
36" C.S.P. or HDPE N12
42" R.C.P. round, arch or elliptical
48" R.C.P. round, arch or elliptical
18" C.S.P. or HDPE N12
24" R.C.P. round, arch or elliptical 169
30" R.C.P. round, arch or elliptical
36" R.C.P. round, arch or elliptical 77
Grouted Rip Rap ( 1 Ton ) Method B
Grouted Rip Rap ( 2 Ton ) Method B
18" R.C.P. round, arch or elliptical 79
Rip Rap ( 2 Ton ) Method B
Grouted Rip Rap ( 1/4 Ton ) Method B
Grouted Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1/4 Ton ) Methob B ( 1.9 tons /CY)
Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1 Ton ) Method B
Interceptor Drain
R.C. Box Culvert (2 - 3'X5' )
Concrete Channel
Curb Outlet Drainage Structure Std 308
Terrace Drain & Down Drain
Cut Off Wall ( Std 2' )
A. C. Overside Drain
Under Sidewalk Drain Std 309

DRAINAGE
Concrete Bulkhead
Slope Anchors for Pipes
Flat Outlet Drainage Structure Std 303
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 64
Menifee Mayor and City Council
March 1, 2023
Page
236 of 677

S.F $ 2.50 $ 0.00
L.F. $ 0.21 $ 0.00
L.F. $ 0.28 $ 413.84
L.F. $ 0.30 $ 150.00
L.F. $ 0.16 $ 0.00
L.F. $ 0.47 $ 0.00
L.F. $ 0.65 $ 0.00
L.F. $ 0.82 $ 0.00
L.F. $ 1.30 $ 0.00
L.F. $ 0.36 $ 0.00
L.F. $ 0.82 $ 0.00
S.F $ 2.70 $ 0.00
S.F $ 2.50 $ 0.00
L.F. $ 0.52 $ 0.00
L.F. $ 0.47 $ 0.00
L.F. $ 0.83 $ 0.00
L.F. $ 0.63 $ 0.00
L.F. $ 0.78 $ 0.00
L.F. $ 0.97 $ 0.00
L.F. $ 1.13 $ 0.00
L.F. $ 2.83 $ 0.00
S.F $ 3.61 $ 649.80
S.F. $ 2.25 $ 0.00
S.F. $ 3.00 $ 0.00
EA. $ 50.00 $ 0.00
EA. $ 100.00 $ 0.00
EA. $ 275.00 $ 3,300.00
EA. $ 150.00 $ 0.00
EA. $ 425.00 $ 0.00
EA. $ 250.00 $ 250.00
EA. $ 150.00 $ 0.00
EA. $ 300.00 $ 0.00
EA. $ 60.00 $ 0.00
EA. $ 40.00 $ 0.00
EA. $ 45.00 $ 0.00
EA. $ 3.75 $ 0.00
LS $ 250,000.00 $ 0.00
LS $ 150,000.00 $ 0.00
LS $ 100,000.00 $ 0.00
EA $ 450.00 $ 0.00
EA $ 400.00 $ 0.00
EA $ 500.00 $ 0.00
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 0.00
LS $ 8,000.00 $ 0.00
LS $ 40,000.00 $ 0.00
LS $ 30,000.00 $ 0.00
LS $ 15,000.00 $ 0.00
A. $ 3,610,911.44
B. Administrative Contingency (20% x A) $ 722,182.29
C. CM - Inspection - LC (8%) $ 288,872.92
D. $
4,333,093.73
E $ 0.00
F Streets/Drainage Total (D + E) $ 4,333,093.73

BOND AMOUNT FOR RECORDATION PRIOR TO

HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
20% x C
Subtotal
Design/submittals/review
Mobilization
Traffic Control
Streets/Drainage Total (A + B)
3" PVC Conduit & Fiber Optic Cable
Survey
Install Pull Box (#6)
2" PVC Interconnect Conduit & Cable
3" PVC Interconnect Conduit & Cable
Retrofit of Ex. Traffic Signal & Lighting
6' Round Signal Loops
Install Pull Box (#5)
Pavement Marker, Reflective
New Traffic Signal & Lighting (Major Intersection)
New Traffic Signal & Lighting (Minor Intersection)
Object Marker - Modified Type "F" Delineator
Delineator ( Class 1 Type F)
Delineator ( Class 2 )
Stop Sign & Post 1
Road Sign on existing pole / post (One Post)
Road Sign on existing pole / post (Two Post)
Street Name Sign 12
Install Sign ( Strap and Saddle Bracket Method)
Install Sign (Mast Arm Hanger Method)
Thermoplastic Cross Walk and Pavement Marking
Remove, Sign, Salvage
Relocate Roadside Sign
Thermoplastic Two-Way Left Turn Lane
Thermoplastic Pavement Markings 180
Marking
8" Thermoplastic Channelizing Line
12" Thermoplastic Crosswalk & Limit Line
Thermoplastic One-Way, No Passing
4" Thermoplastic Broken Stripes
4" Thermoplastic Double Solid Stripes
6" Thermoplastic Bike Lane Stripes
Painted Pavement Markings
Remove Thermoplastic Trafffic Stripes and Markings
4" Thermoplastic Solid Stripes
12" Painted Crosswalk & Limit Line
Painted One-Way, No Passing
Painted Two-Way Left Turn Lane
4" Painted Double Solid Stripes
6" Painted Bike Lane Stripes
8" Painted Channelizing Line
6" Painted Solid Stripes 1,478
4" Painted Solid Stripes (2 Coats ) 500
4" Painted Broken Stripes

SIGNING, STRIPING AND SIGNALS
Remove Painted Traffic Stripes and Markings
4" Painted Solid Stripes
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 65
Menifee Mayor and City Council
March 1, 2023
Page
237 of 677

UNIT
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 55.00 $ 0.00
L.F. $ 90.00 $ 0.00
L.F. $ 135.00 $ 0.00
L.F. $ 180.00 $ 0.00
EA. $ 715.00 $ 0.00
EA. $ 830.00 $ 0.00
EA. $ 1,340.00 $ 0.00
EA. $ 2,300.00 $ 0.00
EA. $ 6,270.00 $ 0.00
EA. $ 14,300.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 2,400.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 800.00 $ 0.00
EA. $ 2,480.00 $ 0.00
EA. $ 2,780.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 500.00 $ 0.00
EA. $ 2,000.00 $ 0.00
EA. $ 1,750.00 $ 0.00
EA. $ 2,200.00 $ 0.00
EA. $ 3,150.00 $ 0.00
EA. $ 300.00 $ 0.00
EA. $ 100.00 $ 0.00
EA. $ 350.00 $ 0.00
EA. $ 450.00 $ 0.00
EA. $ 300.00 $ 0.00
A. $ 0.00
B. $ 0.00
C. $ 0.00
D. $ 0.00
E. $ 0.00
20% x C
Water Total (C + D)
1-1/2" Water Meter

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
Pressure Regulator
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)
Miscellaneous Fittings
Thrust Block
1" Water Meter
6" Hot Tap
8" Hot Tap
12" Hot Tap
Adjust Water Valve to Grade
Removal of Blowoff
Join at existing end of 8" pipe
1-1/2" Service Connection ( No Meter)
2" Service Connection ( No Meter)
4" Service Connection ( No Meter)
1" Air and Vacuum Valve.
2" Air and Vacuum Valve.
1" Service Connection ( No Meter)
6" Fire Hydrant (Super)
4" Blowoff
6" Blowoff
2" Blowoff
16" Gate Valve RS
18" Gate Valve RS
6" Fire Hydrant (Standard)
6" Gate Valve RS
8" Gate Valve RS
12" Gate Valve RS
18" Waterline PVC C-905 DR-18
20" Waterline PVC C-905 DR-18
4" Gate Valve RS
8" Waterline PVC C-900 DR-18
12" Waterline PVC C-900 DR-18
16" Waterline PVC C-905 DR-18
COST
4" Waterline PVC C-900 DR-18
6" Waterline PVC C-900 DR-18

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 66
Menifee Mayor and City Council
March 1, 2023
Page
238 of 677

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

RECYCLED WATER IMPROVEMENTS

UNIT
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 55.00 $ 0.00
L.F. $ 90.00 $ 0.00
L.F. $ 135.00 $ 0.00
L.F. $ 180.00 $ 0.00
EA. $ 715.00 $ 0.00
EA. $ 830.00 $ 0.00
EA. $ 1,340.00 $ 0.00
EA. $ 2,300.00 $ 0.00
EA. $ 6,270.00 $ 0.00
EA. $ 14,300.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 2,400.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 800.00 $ 0.00
EA. $ 2,480.00 $ 0.00
EA. $ 2,780.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 500.00 $ 0.00
EA. $ 2,000.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 1,430.00 $ 0.00
EA. $ 1,750.00 $ 0.00
EA. $ 2,200.00 $ 0.00
EA. $ 3,150.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 0.00
B. $ 0.00
C. $ 0.00
D. $ 0.00
E. $ 0.00
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
( ORD.460, SEC. 10.3E)
20% x C
Water Total (C + D)
8" Hot Tap
12" Hot Tap
1" Hot Tap
4" Hot Tap
6" Hot Tap
Adjust Water Valve to Grade
Removal of Blowoff
Join at existing end of 8" pipe
1-1/2" Service Connection ( No Meter)
2" Service Connection ( No Meter)
4" Service Connection ( No Meter)
1" Air and Vacuum Valve.
2" Air and Vacuum Valve.
1" Service Connection ( No Meter)
18" Gate Valve RS
4" Blowoff
6" Blowoff
8" Gate Valve RS
12" Gate Valve RS
16" Gate Valve RS
20" Waterline PVC C-905 DR-18 Purple
4" Gate Valve RS
6" Gate Valve RS
12" Waterline PVC C-900 DR-18 Purple
16" Waterline PVC C-905 DR-18 Purple
18" Waterline PVC C-905 DR-18 Purple
4" Waterline PVC C-900 DR-18 Purple
6" Waterline PVC C-900 DR-18 Purple
8" Waterline PVC C-900 DR-18 Purple
COST

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 67
Menifee Mayor and City Council
March 1, 2023
Page
239 of 677

UNIT
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 46.00 $ 0.00
L.F. $ 54.00 $ 0.00
L.F. $ 90.00 $ 0.00
L.F. $ 55.00 $ 0.00
L.F. $ 62.00 $ 0.00
L.F. $ 72.00 $ 0.00
L.F. $ 81.00 $ 0.00
L.F. $ 162.00 $ 0.00
L.F. $ 183.00 $ 0.00
L.F. $ 195.00 $ 0.00
L.F. $ 215.00 $ 0.00
L.F. $ 236.00 $ 0.00
EA. $ 3,140.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 3,300.00 $ 0.00
EA. $ 730.00 $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 2,100.00 $ 0.00
EA. $ 1,500.00 $ 0.00
EA. $ 1,500.00 $ 0.00
EA. $ 2,000.00 $ 0.00
EA. $ 400.00 $ 0.00
EA. $ 500.00 $ 0.00
L.F. $ 35.00 $ 0.00
EA. $ 400.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 0.00
B. $ 0.00
C. $ 0.00
D. $ 0.00
E. $ 0.00
20% x C
Sewer Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Sewer Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
(ORD.460, SEC. 10.3E)
Concrete Encasement
Backwater Valve
Join Existing 12" Pipe
Chimney
Adjust M.H. to grade
Tie to Existing Manhole
Rechannel Existing Manhole
Join Existing 8" Pipe
Shallow Manhole (5' or less)
Clean out
Clean out Lateral
30" VCP
Standard Manhole 48"
Standard Manhole 60"
21" VCP
24" VCP
27" VCP
12" VCP
15" VCP
18" VCP
15" PVC SDR 35 Green
8" VCP
10" VCP
8" PVC SDR 35 Green
10" PVC SDR 35 Green
12" PVC SDR 35 Green
COST
4" PVC SDR 35 (Use it for Residential Laterals)
6" PVC SDR 35 Green

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 68
Menifee Mayor and City Council
March 1, 2023
Page
240 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 4,333,093.73
$ 0.00
$ 0.00
$ 0.00
$ 4,333,093.73
$ 129,992.81
Total

INSPECTION DEPOSIT CALCULATION
Street/Drainage
NOTE: Use 3% for Inspection
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

COST ESTIMATE CALCULATION SHEET
36803
IMPROVEMENT COSTS (Including Contingencies)
I. Streets/Drainage (Line C from Street Improvement Calculations) II. Domestic Water (Line C from Domestic Water Improvement Calculations) III. Recycled Water (Line C from Recycled Water Improvement Calculations) 4/21/2022
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 69
Menifee Mayor and City Council
March 1, 2023
Page
241 of 677

ONSITE (SEWER) (PRIVATE)
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 0.00 $ $
*Flood Control $ 0.00 $ $
Dom Wtr $ 0.00 $ $
Rec Wtr $ 0.00 $ $
Sewer $ 302,220.00 $ $
Total 302,220.00 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts
○ do ●do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

IP21-014U SEWER ONLY

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36803 6/15/2022

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
Construction Costs) Construction Costs)

0.00 0.00

0.00 0.00
302,000.00 151,000.00
302,000.00 151,000.00
30,200.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
06/16/22

RICHARD REAVES
80614 03/31/23
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 70
Menifee Mayor and City Council
March 1, 2023
Page
242 of 677

UNIT
L.F. $ 25.00 $ 67,175.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 117,355.00
L.F. $ 46.00 $ 0.00
L.F. $ 54.00 $ 0.00
L.F. $ 90.00 $ 0.00
L.F. $ 55.00 $ 0.00
L.F. $ 62.00 $ 0.00
L.F. $ 72.00 $ 0.00
L.F. $ 81.00 $ 0.00
L.F. $ 162.00 $ 0.00
L.F. $ 183.00 $ 0.00
L.F. $ 195.00 $ 0.00
L.F. $ 215.00 $ 0.00
L.F. $ 236.00 $ 0.00
EA. $ 3,140.00 $ 31,400.00
EA. $ 4,500.00 $ 0.00
EA. $ 3,300.00 $ 0.00
EA. $ 730.00 $ 2,920.00
EA. $ 200.00 $ 16,200.00
EA. $ 2,100.00 $ 0.00
EA. $ 1,500.00 $ 0.00
EA. $ 1,500.00 $ 0.00
EA. $ 2,000.00 $ 0.00
EA. $ 400.00 $ 0.00
EA. $ 500.00 $ 0.00
L.F. $ 35.00 $ 0.00
EA. $ 400.00 $ 16,800.00
A. $ 251,850.00
B. $ 50,370.00
C. $ 302,220.00
D. $ 0.00
E. $ 302,220.00

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
COST
4" PVC SDR 35 (Use it for Residential Laterals) 2687
6" PVC SDR 35 Green
8" PVC SDR 35 Green 3353
10" PVC SDR 35 Green
12" PVC SDR 35 Green
15" PVC SDR 35 Green
8" VCP
10" VCP
12" VCP
15" VCP
18" VCP
21" VCP
24" VCP
27" VCP
30" VCP
Standard Manhole 48" 10
Standard Manhole 60"
Shallow Manhole (5' or less)
Clean out 4
Clean out Lateral 81
Tie to Existing Manhole
Rechannel Existing Manhole
Join Existing 8" Pipe
Join Existing 12" Pipe
Chimney
Adjust M.H. to grade
Concrete Encasement
Backwater Valve 42
20% x C
Sewer Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Sewer Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLANS
(ORD.460, SEC. 10.3E)
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 71
Menifee Mayor and City Council
March 1, 2023
Page
243 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 0.00
$ 0.00
$ 0.00
$ 302,220.00
$ 302,220.00
$ 0.00
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

INSPECTION DEPOSIT CALCULATION
Street/Drainage
NOTE: Use 3% for Inspection
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 72
Menifee Mayor and City Council
March 1, 2023
Page
244 of 677

ONSITE (WATER) (PRIVATE)
PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 0.00 $ $
*Flood Control $ 0.00 $ $
Dom Wtr $ 651,902.40 $ $
Rec Wtr $ 0.00 $ $
Sewer $ 0.00 $ $
Total 651,902.40 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts
● do ○ do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
652,000.00 326,000.00

0.00 0.00

0.00 0.00
Construction Costs) Construction Costs)

0.00 0.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**50% of Estimated
IP21-014U

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
36803 1/30/2023
01-31-23

RICHARD REAVES
80614 03-31-25
- ONSITE WATER

APPROVED FOR
BONDS E.S. 1/31/23
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 73
Menifee Mayor and City Council
March 1, 2023
Page
245 of 677

UNIT
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 212,460.00
L.F. $ 35.00 $ 0.00
L.F. $ 55.00 $ 0.00
L.F. $ 90.00 $ 0.00
L.F. $ 135.00 $ 0.00
L.F. $ 180.00 $ 0.00
EA. $ 715.00 $ 0.00
EA. $ 830.00 $ 11,620.00
EA. $ 1,340.00 $ 0.00
EA. $ 2,300.00 $ 0.00
EA. $ 6,270.00 $ 0.00
EA. $ 14,300.00 $ 0.00
EA. $ 4,000.00 $ 56,000.00
EA. $ 4,500.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 3,500.00 $ 17,500.00
EA. $ 4,000.00 $ 0.00
EA. $ 2,400.00 $ 9,600.00
EA. $ 4,000.00 $ 0.00
EA. $ 800.00 $ 64,000.00
EA. $ 2,480.00 $ 0.00
EA. $ 2,780.00 $ 2,780.00
EA. $ 4,500.00 $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 500.00 $ 0.00
EA. $ 2,000.00 $ 4,000.00
EA. $ 1,750.00 $ 0.00
EA. $ 2,200.00 $ 0.00
EA. $ 3,150.00 $ 0.00
EA. $ 300.00 $ 16,800.00
EA. $ 100.00 $ 5,200.00
EA. $ 350.00 $ 28,000.00
EA. $ 450.00 $ 450.00
EA. $ 300.00 $ 24,300.00
EA. $ 1,800.00 $ 0.00
EA. $ 300.00 $ 0.00
EA. $ 3,200.00 $ 0.00
EA. $ 3,000.00 $ 0.00
A. $ 452,710.00
B. $ 90,542.00
C. $ 543,252.00
D. $ 108,650.40
E. $ 651,902.40
20% x C
Water Total (C + D)
1-1/2" Water Meter 1

PRIOR TO HAVING SIGNED PLANS
Pressure Regulator 81
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)
Miscellaneous Fittings 56
Thrust Block 52
1" Water Meter 80
6" Hot Tap
8" Hot Tap
12" Hot Tap
Adjust Water Valve to Grade
Removal of Blowoff
Join at existing end of 8" pipe 2
1-1/2" Service Connection ( No Meter)
2" Service Connection ( No Meter) 1
4" Service Connection ( No Meter)
1" Air and Vacuum Valve. 4
2" Air and Vacuum Valve.
1" Service Connection (No Meter) 80
6" Fire Hydrant (Super)
4" Blowoff 5
6" Blowoff
2" Blowoff
16" Gate Valve RS
18" Gate Valve RS
6" Fire Hydrant (Standard) 14
6" Gate Valve RS 14
8" Gate Valve RS
12" Gate Valve RS
18" Waterline PVC C-905 DR-18
20" Waterline PVC C-905 DR-18
4" Gate Valve RS
8" Waterline PVC C-900 DR-18
12" Waterline PVC C-900 DR-18
16" Waterline PVC C-905 DR-18
COST
4" Waterline PVC C-900 DR-18
6" Waterline PVC C-900 DR-18 7,082

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 74
Menifee Mayor and City Council
March 1, 2023
Page
246 of 677

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 0.00
$ 543,252.00
$ 0.00
$ 0.00
$ 543,252.00
$ 0.00
Total

INSPECTION DEPOSIT CALCULATION
Street/Drainage
NOTE: Use 3% for Inspection
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

COST ESTIMATE CALCULATION SHEET
36803
IMPROVEMENT COSTS (Including Contingencies)
I. Streets/Drainage (Line C from Street Improvement Calculations) II. Water (Line C from Water Improvement Calculations)
III. Recycled Water (Line C from Recycled Water Improvement Calculations) 1/30/2023
Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 75
Menifee Mayor and City Council
March 1, 2023
Page
247 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 76
Menifee Mayor and City Council
March 1, 2023
Page
248 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 77
Menifee Mayor and City Council
March 1, 2023
Page
249 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 78
Menifee Mayor and City Council
March 1, 2023
Page
250 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 79
Menifee Mayor and City Council
March 1, 2023
Page
251 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 80
Menifee Mayor and City Council
March 1, 2023
Page
252 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 81
Menifee Mayor and City Council
March 1, 2023
Page
253 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 82
Menifee Mayor and City Council
March 1, 2023
Page
254 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 83
Menifee Mayor and City Council
March 1, 2023
Page
255 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 84
Menifee Mayor and City Council
March 1, 2023
Page
256 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 85
Menifee Mayor and City Council
March 1, 2023
Page
257 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 86
Menifee Mayor and City Council
March 1, 2023
Page
258 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 87
Menifee Mayor and City Council
March 1, 2023
Page
259 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 88
Menifee Mayor and City Council
March 1, 2023
Page
260 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 89
Menifee Mayor and City Council
March 1, 2023
Page
261 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 90
Menifee Mayor and City Council
March 1, 2023
Page
262 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 91
Menifee Mayor and City Council
March 1, 2023
Page
263 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 92
Menifee Mayor and City Council
March 1, 2023
Page
264 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 93
Menifee Mayor and City Council
March 1, 2023
Page
265 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 94
Menifee Mayor and City Council
March 1, 2023
Page
266 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 95
Menifee Mayor and City Council
March 1, 2023
Page
267 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 96
Menifee Mayor and City Council
March 1, 2023
Page
268 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 97
Menifee Mayor and City Council
March 1, 2023
Page
269 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 98
Menifee Mayor and City Council
March 1, 2023
Page
270 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 99
Menifee Mayor and City Council
March 1, 2023
Page
271 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 100
Menifee Mayor and City Council
March 1, 2023
Page
272 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 101
Menifee Mayor and City Council
March 1, 2023
Page
273 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 102
Menifee Mayor and City Council
March 1, 2023
Page
274 of 677

Item Title: 10.8
Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36803, Menifee 80, by FPG Sun Menifee, LLC Item Page Number: 103
Menifee Mayor and City Council
March 1, 2023
Page
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Item Title: 10.8
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CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter
Mitland 01, LLC
MEETING DATE: March 1, 2023
TO: Mayor and City Council
PREPARED BY: Andrew Walle, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 31822-2, Audie Murphy Ranch, located on the northeast side of Audie Murphy Road North and southeast of Whispering Way; and

2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.

DISCUSSION
Sutter Mitland 01, LLC is the developer of Audie Murphy Ranch (AMR) Tract 31822-2, a subdivision of 41.32 gross acres into 91 lots for residential purposes. The tract is located on the northeast side of Audie Murphy Road North and southeast of Whispering Way, as depicted in the attached project map. As part of the development requirements, Sutter Mitland 01, LLC, constructed streets, drainage, water, recycled water and sewer system improvements and installed survey monuments.

Sutter Mitland 01, LLC has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the performance security and labor and materials security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 and Table 2 on the following page.

Item Title: 10.9
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

31822-2,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 1
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March 1, 2023
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City of Menifee Staff Report
Public Improvements Audie Murphy Ranch - North
March 1, 2023

Page 2 of 2 ends

1 3
0 9
Table 1 - Original Posted Security Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage TM5207429 $ 2,141,000 $ 1,070,500
Water System TM5207429 $ 412,000 $ 206,000
Recycled Water System TM5207429 $ 16,000 $ 8,000 Sewer System TM5207429 $ 368,500 $ 184,250
Total $ 2,937,500 $ 1,468,750
Table 1 - Original Posted Security Monument Improvements Improvement Security No. Monument Bond
Survey Monuments 30027003 $ 77,760
Total $ 77,760

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Year 2022/2023 operating budgets in Community Facilities District (CFD) 2012-

1. ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Recycled Water System

5. Agreement – Sewer System

6. Bond - Improvements

7. Agreement – Monuments

8. Bond – Monuments
Item Title: 10.9
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

31822-2,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 2
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March 1, 2023
Page
322 of 677

EXHIBIT ATRACT NO. 31822-2

INTERSTATE

INTERSTATE
Item Title: 10.9
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

31822-2,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 3
Menifee Mayor and City Council
March 1, 2023
Page
323 of 677

Item Title: 10.9 Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 4
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Item Title: 10.9 Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 37
Menifee Mayor and City Council                                                                               March 1, 2023 Page 357 of 677

Item Title: 10.9 Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 38
Menifee Mayor and City Council                                                                               March 1, 2023 Page 358 of 677

Item Title: 10.9 Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 39
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Item Title: 10.9 Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 40
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Item Title: 10.9 Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 41
Menifee Mayor and City Council                                                                               March 1, 2023 Page 361 of 677

Item Title: 10.9 Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 42
Menifee Mayor and City Council                                                                               March 1, 2023 Page 362 of 677

Item Title: 10.9 Acceptance of Public Improvements and Release of Security for Tract Map 31822-2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 43
Menifee Mayor and City Council                                                                               March 1, 2023 Page 363 of 677

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter
Mitland 01, LLC
MEETING DATE: March 1, 2023
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets, drainage, water, and sewer systems, as well as subdivision monuments for Tract Map 36485-3, Audie Murphy Ranch, located on the west side of Rancho Del Oro Drive and north of Audie Murphy Road South; and

2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.

DISCUSSION
Sutter Mitland 01, LLC is the developer of Audie Murphy Ranch (“AMR”) Tract 36485-3, a subdivision of 11.02 gross acres into 52 lots for residential purposes. The tract is located on the west side of Rancho Del Oro Drive and north of Audie Murphy Road South, as depicted in the attached project map. As part of the development requirements, Sutter Mitland 01, LLC, constructed streets, drainage, water, and sewer system improvements, as well as subdivision monuments.

Sutter Mitland 01, LLC has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the performance security and labor and materials security in accordance with City policy. A 10% warranty security will be held for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 and Table 2 on the following page.

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 1
Menifee Mayor and City Council
March 1, 2023
Page
364 of 677

City of Menifee Staff Report
TM36485-3 Audie Murphy Ranch
March 1, 2023

Page 2 of 2 ends

1 4
2 9
Table 1 - Original Posted Security and Surety Rider Improvement Bonds Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 1000829620/TCS0171576 $ 1,679,500 $ 839,750 Water System 1000829620/TCS0171576 $ 326,500 $ 163,250 Sewer System 1000829620/TCS0171576 $ 345,000 $ 172,500 Total $ 2,351,000 $ 1,175,500
Table 2 - Original Posted Survey Monuments Bond
Improvement Security No. Monument Bond
Survey Monuments 1000829623/TCS0171575 $ 45,720
Total $ 45,720

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

1. ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Sewer System

5. Bond - Improvements

6. Agreement – Monuments

7. Bond – Monuments
Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 2
Menifee Mayor and City Council
March 1, 2023
Page
365 of 677

Item Title: 10.10
Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 3
Menifee Mayor and City Council
March 1, 2023
Page
366 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 4
Menifee Mayor and City Council                                                                               March 1, 2023 Page 367 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 5
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 6
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 7
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 8
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 9
Menifee Mayor and City Council                                                                               March 1, 2023 Page 372 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 10
Menifee Mayor and City Council                                                                               March 1, 2023 Page 373 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 11
Menifee Mayor and City Council                                                                               March 1, 2023 Page 374 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 12
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 13
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 14
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 15
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 16
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Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 17
Menifee Mayor and City Council                                                                               March 1, 2023 Page 380 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 18
Menifee Mayor and City Council                                                                               March 1, 2023 Page 381 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 19
Menifee Mayor and City Council                                                                               March 1, 2023 Page 382 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 20
Menifee Mayor and City Council                                                                               March 1, 2023 Page 383 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 21
Menifee Mayor and City Council                                                                               March 1, 2023 Page 384 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 22
Menifee Mayor and City Council
March 1, 2023
Page
385 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 23
Menifee Mayor and City Council
March 1, 2023
Page
386 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 24
Menifee Mayor and City Council
March 1, 2023
Page
387 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 25
Menifee Mayor and City Council
March 1, 2023
Page
388 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 26
Menifee Mayor and City Council
March 1, 2023
Page
389 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 27
Menifee Mayor and City Council
March 1, 2023
Page
390 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 28
Menifee Mayor and City Council
March 1, 2023
Page
391 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 29
Menifee Mayor and City Council
March 1, 2023
Page
392 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 30
Menifee Mayor and City Council
March 1, 2023
Page
393 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 31
Menifee Mayor and City Council
March 1, 2023
Page
394 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 32
Menifee Mayor and City Council
March 1, 2023
Page
395 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 33
Menifee Mayor and City Council
March 1, 2023
Page
396 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 34
Menifee Mayor and City Council
March 1, 2023
Page
397 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 35
Menifee Mayor and City Council                                                                               March 1, 2023 Page 398 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 36
Menifee Mayor and City Council                                                                               March 1, 2023 Page 399 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 37
Menifee Mayor and City Council                                                                               March 1, 2023 Page 400 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 38
Menifee Mayor and City Council                                                                               March 1, 2023 Page 401 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 39
Menifee Mayor and City Council                                                                               March 1, 2023 Page 402 of 677

Item Title: 10.10 Acceptance of Public Improvements and Release of Security for Tract Map 36485-3, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 40
Menifee Mayor and City Council                                                                               March 1, 2023 Page 403 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 41
Menifee Mayor and City Council
March 1, 2023
Page
404 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 42
Menifee Mayor and City Council
March 1, 2023
Page
405 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 43
Menifee Mayor and City Council
March 1, 2023
Page
406 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 44
Menifee Mayor and City Council
March 1, 2023
Page
407 of 677

Item Title: 10.10
Acceptance

Public

Improvements

and

Release

Security

for

Tract

Map

36485-3,

Audie

Murphy

Ranch,

Sutter
Mitland 01, LLC
Item Page Number: 45
Menifee Mayor and City Council
March 1, 2023
Page
408 of 677

CITY OF MENIFEE
SUBJECT: Acceptance of Public Landscape Improvements for Goetz Road Phase 2, Audie Murphy Ranch, by Sutter Mitland 01, LLC
MEETING DATE: March 1, 2023
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public landscape improvements for Goetz Road Phase 2, Audie Murphy Ranch, located along Goetz Road between Montgomery Way and the northern boundary of Audie Murphy Ranch.

DISCUSSION
Sutter Mitland 01, LLC is the developer of Audie Murphy Ranch, a master planned community of over 2,000 residential units in 33 neighborhoods, including recreation centers, a school site, and parks. The Goetz Road Phase 2 landscape improvements have been completed along Goetz Road between Montgomery Way and the northern boundary of Audie Murphy Ranch, as depicted on the attached project map. The improvements were constructed in accordance with approved plan IP17-062L, approved June 22, 2018. The construction of the landscape improvements was a requirement for Parcel Map 32269, approved by the County of Riverside and recorded on May 1, 2007, prior to City Incorporation.

Sutter Mitland 01, LLC also constructed backbone streets along Goetz Road. The backbone street improvements were previously accepted by the City of Menifee on November 3, 2021. The developer has now completed the landscaping along Goetz Road and maintained it for the required one year period. The developer is requesting acceptance of the completed landscape improvements into the City’s maintenance system. Staff has inspected the completed landscape improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met.

Item Title: 10.11
Acceptance of Public Landscape Improvements for Goetz Road Phase 2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 1
Menifee Mayor and City Council
March 1, 2023
Page
409 of 677

City of Menifee Staff Report
Public Landscape Improvements Geotz Road Phase 2
March 1, 2023

Page 2 of 2 ends

1 3
0 9

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed public landscape improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Year 2022/2023 operating budgets in Community Facilities District (CFD) 2012-1.

ATTACHMENTS

1. Project Map
Item Title: 10.11
Acceptance of Public Landscape Improvements for Goetz Road Phase 2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 2
Menifee Mayor and City Council
March 1, 2023
Page
410 of 677

Item Title: 10.11
Acceptance of Public Landscape Improvements for Goetz Road Phase 2, Audie Murphy Ranch, by Sutter Mitland 01, LLC Item Page Number: 3
Menifee Mayor and City Council
March 1, 2023
Page
411 of 677

CITY OF MENIFEE
SUBJECT: Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC
MEETING DATE: March 1, 2023
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Authorize the City Engineer to accept the public improvements at Remington Park; and

2. Adopt a resolution approving the grant deed and certificate of acceptance for Remington Park; and

3. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.

DISCUSSION
Lennar Homes of California, LLC (“Lennar”) is the developer of McCall Mesa (also known as Remington Place), a subdivision of 258 single-family residential homes on a 59.3 acre property.

The property is located on the west side of Menifee Road and south of Rouse Road, as depicted in the attached project map.

As part of the development requirements, Lennar constructed a neighborhood park (Remington Park) which includes picnic areas, a tot lot, a shade structure, open turf areas, pickleball and cornhole courts, walkways, and a water quality basin. Remington Park is now complete and is conditioned to be dedicated to the City as a public park. Lennar is accordingly requesting acceptance of the completed park improvements into the City’s maintenance system.

The Public Works Engineering Department and Community Services Department have inspected the completed improvements, determined that the park improvements have been constructed in accordance with City specifications and standards, and have verified that all project conditions of approval have been met to release the performance security and labor and materials security in accordance with City policy. A 10% warranty security will be held for a period of one year in Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 1
Menifee Mayor and City Council
March 1, 2023
Page
412 of 677

City of Menifee Staff Report
Remington Park Acceptance – TM 31098
March 1, 2023

Page 2 of 2 ends

1 4
3 7
accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 below.

Table 1 - Original Posted Security Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Landscape US00107963SU21A $ 2,818,750 $ 1,409,375

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspections of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2022/2023 operating budgets in Community Facilities District (CFD) 2017- 1, Zone 4.

The estimated value of the Remington Park improvements is $2,818,750. This value does not include the value of the real properties, which is estimated at $373,000 for a total park value of $3,191,750. Once accepted, these facilities will be added to the City of Menifee Fixed Asset Report Inventory.

ATTACHMENTS

1. Project Map

2. Resolution; Exhibit A – Grant Deed; Exhibit B – Certificate of Acceptance

3. Improvement Agreement

4. Bond
Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 2
Menifee Mayor and City Council
March 1, 2023
Page
413 of 677

ROUSE ROAD
Item Title: 10.12 Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 3
Menifee Mayor and City Council                                                                               March 1, 2023 Page 414 of 677

RESOLUTION NO. 23-

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

APPROVING THE CERTIFICATE OF ACCEPTANCE FOR REMINGTON PARK WHEREAS, the City of Menifee was incorporated on October 1, 2008, and pursuant to the Terms and Conditions of incorporation, upon incorporation assumed authority over parks in the City’s boundaries pursuant to Resolution No. 08-24 as of that date; and W
HEREAS, Remington Park was built on Tract 31098, recorded as Book 472 of Maps, pages 73 through 89, inclusive, and dedicated to the City of Menifee as a condition of approval of the final tract map; and
WHEREAS, the form of the Grant Deed granting the Remington Park, described as Lot 263 of recorded Tract Map 31098, from Lennar Homes of California, LLC (previously known as Lennar Homes of California, Inc.), to the City is attached hereto as Exhibit “A” has been reviewed by City Staff; and
WHEREAS, in order to satisfy the original condition of approval and complete the transfer of Remington Park from Lennar Homes of Calif ornia, LLC to the City, the City Council now desires to accept the Grant Deed and issue the Certificate of Acceptance (in the form attached hereto as Exhibit “B”) through adoption of this Resolution.

NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows:

Section 1. Approval of Certificate of Acceptance-
The City of Menifee hereby accepts and approves the Grant Deed and Certificate of Acceptance for Remington Park, which is located on Lot 263 of Tract 31098 as filed in Book 472 of Maps, pages 73 through 89 inclusive.

PASSED, APPROVED AND ADOPTED this 1st day of March, 2023.

Bill Zimmerman, Mayor
Attest:

Kay Vinson, Acting City Clerk
Approved as to form:

Jeffrey T. Melching, City Attorney
Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 4
Menifee Mayor and City Council
March 1, 2023
Page
415 of 677

EXHIBIT "A"
Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 5
Menifee Mayor and City Council
March 1, 2023
Page
416 of 677

CERTIFICATE OF ACCEPTANCE
The CITY OF MENIFEE, a municipal corporation, hereby ACCEPTS the offer of DEDICATION of Lot 263 of Tract Map 31098 , the real property in the County of Riverside, State of California, as per Map filed in Book 472, Pages 73 through 89 , inclusive, of Maps, in the office of the County Recorder of said county, as dedicated by Owner(s): Lennar Homes of California, LLC (previously known as Lennar Homes of California, Inc.)
Date BILL ZIMMERMAN,
Mayor of the City of Menifee, CA
VERIFICATION:

I, the undersigned, am the Mayor of the City of Menifee, the declarant of the foregoing Certificate of Acceptance. I have read the said Certificate of Acceptance and know the contents thereof: The same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Date BILL ZIMMERMAN,
Mayor of the City of Menifee, CA

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE
On , before me, , Notary Public, personally appeared
Bill Zimmerman, MAYOR OF THE CITY OF MENIFEE, CALIFORNIA, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

W
ITNESS my hand and official seal.

Signature
NOTARY
(SEAL)

WHEN RECORDED RETURN
ORIGINAL TO:

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA. 92586
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT "B"
Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 6
Menifee Mayor and City Council
March 1, 2023
Page
417 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 7
Menifee Mayor and City Council
March 1, 2023
Page
418 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 8
Menifee Mayor and City Council
March 1, 2023
Page
419 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 9
Menifee Mayor and City Council
March 1, 2023
Page
420 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 10
Menifee Mayor and City Council
March 1, 2023
Page
421 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 11
Menifee Mayor and City Council
March 1, 2023
Page
422 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 12
Menifee Mayor and City Council
March 1, 2023
Page
423 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 13
Menifee Mayor and City Council
March 1, 2023
Page
424 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 14
Menifee Mayor and City Council
March 1, 2023
Page
425 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 15
Menifee Mayor and City Council
March 1, 2023
Page
426 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 16
Menifee Mayor and City Council
March 1, 2023
Page
427 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 17
Menifee Mayor and City Council
March 1, 2023
Page
428 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 18
Menifee Mayor and City Council
March 1, 2023
Page
429 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 19
Menifee Mayor and City Council
March 1, 2023
Page
430 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 20
Menifee Mayor and City Council
March 1, 2023
Page
431 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 21
Menifee Mayor and City Council
March 1, 2023
Page
432 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 22
Menifee Mayor and City Council
March 1, 2023
Page
433 of 677

Item Title: 10.12
Acceptance of Remington Park, Tract Map 31098, McCall Mesa, by Lennar Homes of California, LLC Item Page Number: 23
Menifee Mayor and City Council
March 1, 2023
Page
434 of 677

CITY OF MENIFEE
SUBJECT: Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services)
MEETING DATE: March 1, 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. Adopt a resolution calling an election to annex territory, including PM 37145, located east of I-215 on the northwest corner of Highway 74 and Trumble Road, into City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) ("CFD No. 2017-1" or "CFD"), and to levy a special tax on that land; and

2. Hold a special landowner election and canvass the election; and

3. Adopt a resolution declaring results of special landowner election; and

4. Introduce an ordinance, amending the Ordinance No. 2017-231 and levying and apportioning the special tax in CFD 2017-1.

DISCUSSION
On January 18, 2023, the City Council adopted Resolution No. 23-1274, declaring its intent to annex territory into CFD No. 2017-1 and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 17. The next step in the annexation proceedings is to hold a public hearing on March 1, 2023, to conduct an election for the landowners and to declare the results of that election.

The area within Annexation No. 17 is included in PM 37145 and is approximately 4.82 gross acres of a vacant commercial property within the City. 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 proposed maintenance services would include items such as landscaping, lighting, street maintenance, and drainage. Per the request of VSK Investments, LLC (“Owner”), the City would establish a rate and method of apportionment and authorize the levy of special taxes on Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 1
Menifee Mayor and City Council
March 1, 2023
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City of Menifee Staff Report
CFD 2017-1 Annex 17 - On Deck
March 1, 2023

Page 2 of 3 ends

1 3
7 8
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. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. VSK Investments, LLC has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982.

The Owner submitted a "Consent and Waiver" form on file in the City Clerk's Office to:
•hold the election and declare election results; and
•consent to the shortening of election time requirements; and •waive analysis and arguments; and
•waive all notice requirements relating to the conduct of the election immediately following the public hearing.

A copy of the boundary map entitled "Annexation Map No. 17, Community Facilities District No. 2017-1 (Maintenance Services)" was recorded on January 24, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 47, in the office of the Riverside County Recorder. Annexing the parcel into CFD No. 2017-1 would cover the costs of maintenance of certain public improvements associated with the development.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. It is estimated, upon full completion of the tract development that there would be an annual collection of Special Tax revenues of approximately $15,122 to be used to pay for maintenance costs.

On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, would be subject to the special tax for the ensuing fiscal year. If the anticipated costs of maintaining the facilities in any given fiscal year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then 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.

ATTACHMENTS

1. Project Location Map

2. Resolution Calling the Election

3. Resolution Declaring Election Results
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 2
Menifee Mayor and City Council
March 1, 2023
Page
436 of 677

City of Menifee Staff Report
CFD 2017-1 Annex 17 - On Deck
March 1, 2023

Page 3 of 3 ends

1 3
7 8

4. Certificate of Registered Voters

5. Ordinance

6. Signed Petition, Waiver and Consent for Annexation
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 3
Menifee Mayor and City Council
March 1, 2023
Page
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CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 17

PROJECT MAP
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 4
Menifee Mayor and City Council
March 1, 2023
Page
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1 RESOLUTION NO. 23-____

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

CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 17), PM 37145
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 ( “Act”), on December 6, 2017, the City Council ( “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17- 658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California ( “CFD No. 2017-1”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services ( “Services”) which are necessary to meet increas ed demands placed upon the City as a result of the development of said parcels; and
WHEREAS, the City Cou ncil called a special election for December 6, 2017, at which the questions of levying a special tax and establishing an appropriations limit with respect to CFD No. 2017- 1 were submitted to the qualified electors within CFD No. 2017-1; and WHEREAS, at a special election held on December 6, 2017, more than two-thirds (⅔) of all votes cast were cast in favor of the levy of a special tax and the establishment of an appropriations limit, as determined by the City Council in Resolution No. 17-658, which was duly adopted on December 6, 2017; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on January 18, 2023, duly adopted Resolution No. 23 -1274 (“Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for March 1, 2023; and WHEREAS, the territory proposed to be annexed is identified in a map entitled “Annexation Map No. 17, Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on January 24, 2023, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 47, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on March 1, 2 023, not earlier than the hour of 6:00 p.m. at the City Hall located at 29844 Haun Road, Menifee, California 92586, at which hearing all interested persons were given the opportunity to appear and be heard on the proposed annexation of said territory to the CFD No. 2017-1 and the levy of special taxes within said territory proposed to be annexed. 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 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; and
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 5
Menifee Mayor and City Council
March 1, 2023
Page
439 of 677

Resolution Calling an Election Annex 17
2 WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No. 2017-1, or by fifty percent (50%) or more of the registered voters residing within the territory proposed to be annexed, or by the owners of one-half (½) or more of the area within the CFD No. 2017-1 , or by the owners of one -half (½) or more of the territory proposed to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve (12) registered voters residing in the territory proposed to be annexed to the CFD No. 2017-1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2017-1 and the levying of a special tax as described in Exhibit A attached hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2017-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirem ents relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred with the election date set forth herein.

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, determine and order as follows:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Confirmation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2017-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

Section 4. Findings Regarding Prior Proceedings . The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to the CFD No. 2017-1 are valid and in conformity with the requirements of the Act.

Section 5. Levy of Special Tax . As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to the CFD No. 2017-1 , a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be levied annually in CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto.

Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 6
Menifee Mayor and City Council
March 1, 2023
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Resolution Calling an Election Annex 17
3 Section 7. Tax Roll Preparation. The office of the Public Works Director, 29844 Haun Road, Menifee, California 92586, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax lev ies pursuant to Government Code section 53340.2. The Public Works Director ma y cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8. Accountability Measures. Pursuant to Government Code section 50075.1, the City shall create a separate account into which special tax proceeds will be deposited; and the Public Works Director annually shall prepare and file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in the CFD No. 2017-1.

Section 9. Special Election; Voting Procedures . The City Council hereby submits the question of levying the special tax within the territory proposed to be annexed to the qualified electors of the territory proposed to be annexed, in accordance with and pursuant to the Act. The special election shall be held on March 1, 2023, and shall be conducted as follows:
(A). Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the territory proposed to be annexed into CFD No. 2017-

1. B
ecause fewer than twelve registered voters reside within the territory proposed to be annexed to the CFD No. 2017-1 on December 28, 2022 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to th e CF
D No. 2017-1 ), the qualified electors shall be the landowners within the territory proposed to be annexed to the CFD No. 2017-1, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to the CFD No. 2017-1.
(B ). Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for the CFD No. 2017-1 shall be consolidated, and the two propositions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(C ). Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to the CFD No. 2017-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B.
(D). Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on March 1, 2023. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(E). Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on March 1, 2023 , or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.

Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 7
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Resolution Calling an Election Annex 17
4 (F). Declaration of Results . The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

Section 10. General Authorization with Respect to the Election. 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. All actions heretofore taken by the officers, employees, and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects.

Section 11. Filing of Resolution and Map with City Clerk . The City Council hereby directs the Cit y Clerk to file a copy of this R esolution and the annexation map of the boundaries of CFD No. 2017-1 in his/her office.

Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 1st day of March, 2023 ___________________________

Bill Zimmerman, Mayor
A
ttest:
___________________________

Kay Vinson, Acting City Clerk
Approved as to form:
___________________________

Jeffrey T. Melching, City Attorney
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 8
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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. DE

FINITIONS
“Ac
re” 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.
“A
dministrative 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.
“Ad
ministrator” means the City Manager of the City of Menifee, or his or her designee. “A
pproved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.
“Asse
ssor’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.
“Asse
ssor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Asse
ssor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“B
uilding Square Footage” or “BSF” means the floor area square footage reflected on the original EXHIBIT "A"
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 9
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March 1, 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 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.
“C
FD” 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 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 1st 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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 10
Menifee Mayor and City Council
March 1, 2023
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City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 3 “Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed. “
Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non -residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“
Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “
Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“
Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “
Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “
Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017 -1 as set 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) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.

Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 11
Menifee Mayor and City Council
March 1, 2023
Page
445 of 677

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 4 “Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. "
Taxable Property" means all Assessor’s Parcels within CFD No. 2017-1, which are not Exempt Property. “
Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"
Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "
Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“
Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B
. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017 -1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non -Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi- Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C
. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 12
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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. De veloped Property
(i) Maximum Special Tax A
T he 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 t
he 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
O n each July 1, commencing on July 1, 201 9 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
I n 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 T
ax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate an d m
ethod 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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 13
Menifee Mayor and City Council
March 1, 2023
Page
447 of 677

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. U ndeveloped 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
O
n 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. D eveloped Property
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 14
Menifee Mayor and City Council
March 1, 2023
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City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 7 ( i) Maximum Special Tax B (Contingent)
Th e 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) O n each July 1, commencing on July 1, 201 9 the Maximum Special Tax B (Contingent) for D
eveloped 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
I n 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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 15
Menifee Mayor and City Council
March 1, 2023
Page
449 of 677

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. U ndeveloped 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
O
n 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) b
y two percent (2.0%), whichever is greater.

D. M

ETHOD 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: 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 be levied Proportionately on each Parcel of Approved Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 16
Menifee Mayor and City Council
March 1, 2023
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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. S pecial 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 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. F

UTURE 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. EX

EMPTIONS
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
) w
hich are in use in the performance of a public function as determined by the Administrator.

Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 17
Menifee Mayor and City Council
March 1, 2023
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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. M

ANNER 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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 18
Menifee Mayor and City Council
March 1, 2023
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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
Land 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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 19
Menifee Mayor and City Council
March 1, 2023
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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 2023-24 TR 37131 305 SFR RU $533 $38 AG EHC II (LEN) CA 1, LP 19 2023-24 PLN 22-0199 0.96 NR Acre $2,995 $0 DSMD Cajun Properties E

SCALATION 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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 20
Menifee Mayor and City Council
March 1, 2023
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City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 13 APPENDIX B
C

ITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
Th
e services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the 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) m
aintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (
b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) p
ublic street sweeping, on the segments of the arterials within the boundaries of C FD No. 20 17-1; 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
I
n 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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 21
Menifee Mayor and City Council
March 1, 2023
Page
455 of 677

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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 22
Menifee Mayor and City Council
March 1, 2023
Page
456 of 677

...------------------------------------------------'"'I.fl.,,..,__----'---,,';��

THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA.

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,
STATE OF CALIFORNIA.

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. 23- 121T

CITY OF MENIFEE
-�-

SPICER CONSULTING

G R O U P
CFO 2017-1
TAX ZONE 17

MENIFEE
79 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
ANNEXATION MAP NO. 17
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
i ! ! ! ! ! ! ------------------------- _,
329-020-009
®
329-020-022
0 a::
w
__J
Ill
::;: ::, a:: t--
SHEET 1 OF 1 SHEET

FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS � DAY OF Afl.n\JO.� , 202.3
¼ \� CITY CL�

CITY OF MENIFEE
FILED THIS � DAY OF l"llOU@( , 20"-_ AT
THE HOUR OF � O'CLOCK t_.M IN BOOK �

OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS AT PAGE __gi_ IN THE OFFICE OF THE

COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.

FEE: $ 9,oo NO.: .#),p.J-DM{)t,qt/ _·· _

PETER ALDANA, ASSESSOR, COUNTY CLERK,', RECORDER
BY:· L/Jµ M....f--=-----=====::

DEPUTY
LEGEND

XXX-XXX-XXX

ANNEXATION AREA BOUNDARY

PARCEL LINE

CITY BOUNDARY

ASSESSOR PARCEL NUMBER

TAX ZONE
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 23
Menifee Mayor and City Council
March 1, 2023
Page
457 of 677

__________________________ .....ci;n..........:
<a
�o I 1

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED

BOUNDARIES OF POTENTIAL ANNEXATION AREA OF COMMUNITY
FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES), 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
�OJ1,
BY RESOLUTION NO. _.._i.;;_......,.',,,1--.....,.

FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS 2".,DAY OF� 20.1]_.

SPICER CONSULTING GR OU P

BOUNDARIES - POTENTIAL ANNEXATION AREA
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)

CITY OF MENIFEE , COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Legend
lttW:A RO
- ANNEXATION AREA BOUNDARY
NOlLAJIO RO
••
SHEET 1 OF 1 HEET
RECORDED THIS 10AY OF t:lwanb<P-- • 20.1.1. AT
THE HOUR OF W:1.9. O'CLOCK .£M. IN BOOK �
PAGE .2Q._ OF MAPS OF ASSESSMENT AND COMMUNITY

FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF RIVERSIDE. STATE Of
CALIFORNIA.

FEE: �\0.00 NO.:,'.;/Qi7-{)4/o'£>JOJ

PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: �:�DN�
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 24
Menifee Mayor and City Council
March 1, 2023
Page
458 of 677

CITY OF MENIFEE

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

Ma
il
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.

How
ever delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 1, 2023.

Ver
y truly yours,
Kay
Vinson
Acting City Clerk
City of Menifee
EXHIBIT "B"
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 25
Menifee Mayor and City Council
March 1, 2023
Page
459 of 677

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__.

S
unny Goyal
Member
Signature
Print Name
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 26
Menifee Mayor and City Council
March 1, 2023
Page
460 of 677

1 RESOLUTION NO. 23-____

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

DECLARING ELECTION RESULTS OF THE SPECIAL ELECTION HELD ON MARCH 1, 2023 AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2017 -1 (MAINTENANCE SERVICES) (ANNEXATION NO. 17), PM 37145
WHEREAS, the City Council (the “City Council”) of the City of Menifee (the “City”) has heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), for the area proposed to be annexed to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the “CFD No. 2017-1”), including conducting a public hearing pursuant to the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for March 1, 2023, and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, as provided in the form of the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on March 1, 2023, and the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”) has duly canvassed the returns of the special election and has filed with the City Council a Certificate of Election Results, dated March 1, 2023, executed by the Clerk, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true and correct.

Section 2. Approval of Canvass. The City Council has received, reviewed, and hereby accepts the Clerk’s Certificate of Election Results, a copy of which is attached hereto as Exhibit A, and hereby ratifies, confirms, and approves said Certificate of Election Results.

Section 3. Ballot Measure. The City Council hereby finds, determines, and declares that more than two-thirds (⅔) of all the votes cast at the special election on the ballot measure were in favor of the ballot measure, the ballot measure passed, and the ballot measure was approved by the qualified electors in accordance with the Act.

Section 4. Validity of Procedures . The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act.

Section 5. Annexation. The City Council hereby finds, determines, and declares that pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to and part of the CFD No. 2017- 1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to pay the costs of the services to be provided by the CFD No. 2017-1 as specified in Resolution No. 23-1274 adopted by the City Council on January 18, 2023 . The Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 27
Menifee Mayor and City Council
March 1, 2023
Page
461 of 677

Resolution Declaring Election Results Annex 17
2 boundaries of the annexed territory are shown on the map entitled, “Annexation Map No. 17 Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on January 24, 2023 , in Book 90 of Maps of Assessment and Community Facilities Districts at Page 47, in the office of the Riverside County Recorder.

Section 6. Notice of Special Tax Lien. Pursuant to Government Code section 53339.8 and Streets and Highways Code sections 3114.5 and 3117.5, within fifteen (15) days of the adopti on of this Resolution, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment to the notice of special tax lien and a map of the amended boundaries of the CFD No. 2017-1 including the annexed territory.

Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 1st day of March, 2023

___________________________
Bill Zimmerman, Mayor
Attest:

___________________________
Kat Vinson, Acting City Clerk
Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney

Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 28
Menifee Mayor and City Council
March 1, 2023
Page
462 of 677

EXHIBIT A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 17

CERTIFICATE OF ELECTION RESULTS

I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Menifee (the “City”) on this same date in the proceedings of the City Council for the above -entitled community facilities district, I personally received (a) signed and dated waiver and consent form s and (b) signed, dated and marked election ballot s on behalf of the property owners, the entities named as the sole landowners of the lands within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated December 28, 2023 and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Qualified
Landowner Votes Votes Cast YES NO
5 5

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 March 1, 2023.

Kay Vinson
Acting City Clerk
City of Menifee

By:

(Attach completed copies of Waiver/Consent and Ballot)
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 29
Menifee Mayor and City Council
March 1, 2023
Page
463 of 677

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 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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 30
Menifee Mayor and City Council
March 1, 2023
Page
464 of 677

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”:

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: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 31
Menifee Mayor and City Council
March 1, 2023
Page
465 of 677

Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 32
Menifee Mayor and City Council
March 1, 2023
Page
466 of 677

ORDINANCE NO. 23-

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2023-24 TO PAY THE ANNUAL COSTS

OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND

MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 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 for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and
WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and
WHEREAS, on January 18, 2023, the City Council adopted Resolution No. 23-1274 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 17) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for March 1, 2023; and WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and
WHEREAS, on March 1, 2023, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 23-___ entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 17)” (the “Resolution Calling the Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 33
Menifee Mayor and City Council
March 1, 2023
Page
467 of 677

4 6
3 1
6 Election”) on March 1, 2023, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and
WHEREAS, at said special election on March 1, 2023, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 23-___ entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on March 1, 2023, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 17)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 17”).

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

Section 1.Recitals. The foregoing recitals are true and correct.

Section 2.Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 3.Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2.Levy of Special Taxes. Special taxes
shall be and are hereby levied for the Fiscal Year 2023- 24, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes
are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5.Effective Date. This ordinance shall take effect thirty (30) days from the date of its adoption.

Section 6.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 34
Menifee Mayor and City Council
March 1, 2023
Page
468 of 677

4 6
3 1
6 Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

This Ordinance was introduced and read on the 1st day of March, 2023 and APPROVED AND ADOPTED this 15th day of March, 2023.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Kay Vinson, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 35
Menifee Mayor and City Council
March 1, 2023
Page
469 of 677

4 6
3 1
6 EXHIBIT A

DESCRIPTION OF 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 (and may include reserves for replacement) in public street right-of- ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.

Maintenance services may include, but are 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, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1.

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 Exhibit B to the Resolution of Intention (Resolution No. 23-1274).

The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by annexations, and said 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.

Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 36
Menifee Mayor and City Council
March 1, 2023
Page
470 of 677

5 REVISED EXHIBIT B
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of March 15, 2023)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC Original Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043, -044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP 340-050-034 and 340-050-032 9 D.R.Horton Los Angeles Holding
Company, Inc. See Next Page
10 Briggs & 74, LLC 327-320-028
11 To Be Determined
12 BLC Fleming, LLC 333-020-011 and 333-020-019
13 FPG Sun Menifee 80 LLC 360-150-019
14 FPG Tricon Menifee Property LLC 372-050-037, -038, -039, -040, -041, - 042
15 Boulders Menifee LLC 339-200-080
Item Title: 11.1
Ordinance Introduction and Annexation No. 17, On Deck, into CFD 2017-1 (Maintenance Services) Item Page Number: 37
Menifee Mayor and City Council
March 1, 2023
Page
471 of 677

Ordinance Annex 17

Page 6 of 12 ends

Menifee City CouncilMarch 1, 2023

Menifee City Council
March 1, 2023