1 5
5 0
On September 7, 2023, staff proceeded with a subsequent formal public bid exclusively for the manufacturing and delivery of the Bridge. On September 28, 2023, a bid opening was held resulting in a single bid received from Bridge Brothers, Inc. Included in the bid received by Bridge Brothers, Inc. are structural engineering services, Bridge manufacturing, and Bridge offloading at the Project staging area, as outlined in Table 1 below.
Table 1 – Bridge Brothers, Inc. Bid Proposal Breakdown
Service Cost
Bridge Manufacturing $689,422.00
Sales Tax* $60,324.43
Bridge Offloading & Structural Engineering $63,000.00
TOTAL $812,746.43
* The manufacturing of the Bridge is subject to sales tax.
After reviewing the bid received and additional logistics coordination, staff determined that Bridge Bothers, Inc. met the requirements for recommendation as the responsive and responsible bidder.
The total cost for materials and services proposed by Bridge Bothers, Inc. is $812,746.43 and is within the current budget for the Project.
The design for the Project is nearing completion and the manufacturing and delivery of the Bridge are anticipated to take approximately seven months from the date of City issuance of a Notice to Proceed. Due to this extensive lead time, construction management services and a construction contract for the Project, which includes site construction and bridge installation, would be bid separately and closer to the anticipated start of construction.
If approved, the tentative Project schedule would be as follows:
Construction Start: June 2024
Construction End: December 2024
City Council Acceptance: February 2025
The timeline above assumes no delays due to weather or unforeseen conditions.
City Council action is required for the purchase of the Bridge for the Project as the total amount exceeds the City Manager’s current signatory authority.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The total anticipated cost for the purchase of a prefabricated pedestrian bridge from Bridge Brothers, Inc. is $812,746.43. Funding for this purchase is available within the approved fiscal year 2023/2024 Project budget, as summarized in Table 2 on the following page.
Item Title: 10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
497 of 1682
City of Menifee Staff Report
CIP 20-13 Prefab Bridge Purchase
December 6, 2023
1 5
5 0
Table No. 2 – Existing Project Funding
Fund Account Number Available Balance Cost of Services
Grants (ARPA) 301-4555-58098 $1,221,489.00 $531,369.00
Capital 320-4555-58098 $494,729.44 $281,377.43
TOTAL $1,716,218.44 $812,746.43
ATTACHMENTS
1. Project Location Map
2. Quote from Bridge Brothers
Item Title: 10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
498 of 1682
Haun Rd
Copyright nearmap 2015
215
Haun Rd
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La Piedra Rd
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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\PalomaWashPedestrianBridge\PalomaWashPedestrianBridge\PalomaWashPedestrianBridge.aprx Date: 5/11/2022 Paloma Wash Pedestrian Bridge (CIP 20-13)
Project Location Map
Item Title: 10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
499 of 1682
e:
[email protected]
t:
866.258.3401
www.bridgebrothers.com
Date:September28th,2023
Project:Menifee,CA-PalomaWashPedestrianBridge
Scope:BridgeDesign,BridgeManufacturing
Contact:KennyAdams
OurEstimatebelowdefiesourfullscopeofworkforthebridgesontheabove-referencedproject. Thepriceonthisproposalisonlyvalidforthirty(30)days.
BridgeBrother’sscopewillincludeallstructuralengineering,manufacturing,deliveryofstructures,andoffloading. Anyassociateddesignswillbeinadherencetotheengineeringstandardsoutlinedintheproposal. AnyadditionalworkoutsideoftheproposedscopebelowwillbepricedintheformofaChangeOrder.
StructuralEngineering: Included ● SinglePEStampedDesign&CalculationPackagebyonePEo Designexcludesanchordesign,bearingdesign,andconcretedeckdesign BridgeManufacturing(ExcludingSalesTax): $689,422 ● Qty14’x174’TypeBridge● BridgeDesignandMemberSizeisBasedonBridgeBrothersStampedDesign● WeatheringSteelStructure● BowstringTrussConfiguration● Galvanized/CorrugatedDeckingpreppedforRebar/Concrete○ Rebar/ConcreteSuppliedandInstalledbyOthers○ DeckingShippedLoose(Deckmaybeshippedlooseperbridgedesignatthediscretionofthemanufacturer)● H-10VehicularLoading● 90PSFLiveLoading● PaintedAluminumPicketSafetyRailing○ IPERubRailIncluded● TrussandFloorSplices● BridgePreppedforCanopypostsandCanopy○ PostsandCanopysuppliedbyOthers-● SalesTaxisEXCLUDED
TURNKEYPREFABRICATEDBRIDGES
Item Title: 10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
500 of 1682
e:
[email protected]
t:
866.258.3401
www.bridgebrothers.com
● FreighttoProjectSite(FOB)○ Thebridgewillbeshippedin6pieces( Lengthandorfloorsplice)withacurrentestimatedvalueoffreightof($105,000)○ Estimatedtotalbridgeweightis(125,000#)● BridgeBrotherscannotbeheldliableformaterial,freight,onsiteequipment,orlaborescalationsduetoactsofGodandotherunforeseenacts.Theinitial/offloadingbridgedropsitemustbewithin15'ofwherethedeliverytruckscandeliver.● Warrantyshallbenullandvoidunlessthecustomerprovidesrecordsthatverifycompliancewithminimumguidelinesspecifiedinthe“Inspection+MaintenanceRecommendations”attachedtothisproposal● Allexpansionjointsattheendsofthebridgearethebridgeinstaller’sresponsibilityunlessotherarrangementshavebeenmadewiththebridgemanufacturer. Therewillbenoexpansionjointsinsidethebridge.BridgeBrotherswillprovidedesigndataoftheextremeendsofthebridgewherethebridgemeetstheabutments.
BridgeOffLoading: $63,000 ● Off-loadingoftheabove-detailedbridgeoncustomer-suppliedstagingarea● BridgeBrothersmeansandmethodsofunloadingisatourdiscretion● Sitemusthaveclearaccesstostagingarea● Sitecontractoristoprovideclearcraneaccesswithina15'radiusstagingarea.o Iftheradiusismorethan15’aChangeOrdermaybeissuedforthedifferenceincranevalue.o IfthesitedoesnotmeetthoseconditionsBridgeBrothersmayperformtheworkatT&Mratesatthecustomersapprovaltograntfeasibleaccesstocompletetheinstallation.● CranePads,ifrequiredaretobeprovidedbythecustomerasthediscretionofthecranecompaniespre-sitevisit● Off-loadbridgesections● Liftplanscanbeprovidedatanadditionalexpense● LaneClosuresandTrafficControlisbyothers.Utilitiesandoverheadpowerlinesaretobecovered,protected,orrelocatedattheowner'sexpensepriortoBridgeBrothers'mobilization● BridgeBrotherswillonlyberesponsibleforthepaintedportionsofthestructure,anydamagetothepaintfromoffloadingthebridge.Afterthistime,theGCisresponsibleforthestructureandanytouch-upofthepain BridgeSiteworkProposalsareavailableuponrequest
BridgeBrothersTermsandConditionsaretobesigned
TURNKEYPREFABRICATEDBRIDGES
Item Title: 10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project Item Page Number: 6
Menifee Mayor and City Council
December 6, 2023
Page
501 of 1682
e:
[email protected]
t:
866.258.3401
www.bridgebrothers.com
EstimatedProjectSchedule
● StructuralDesignPackageo 8weeks● BridgeManufacturingandFreighto 16- 20WeeksfromtheDateofApprovedDrawingsDependingonScope▪ Deliverymayvaryduetomillleadtimes● BridgeErectiono 1-3WeeksDependingonScope Qualifications:
● BridgeBrothersTermsandConditionsarerequiredtobesigned, inthecircumstancewheretheyarenot, pleaseallowaminimumof ten(10) workingdaysfor contract review.● Anylanguagelistedwithinthisproposal shall befullyincorporatedintothefinal contract.● BridgeBrotherswill requireapayment toserveasadeposit tobeginengineeringservices.● BridgeBrotherswill requireapayment followingtheapprovalof engineeringsubmittals.● BridgeBrotherswill requireapayment followingthecompletionof fabrication.● BridgeBrotherswill requirethepayment of ChangeOrdersprior toshipment.● BridgeBrotherswill requireapayment that servesasanerectiondeposit beforeanyBridgeBrothersmobilization.● BridgeBrotherswill not accept anyretentionholdbacksthirty(30) daysafter thecompletionof our scopeof work.● TheCustomer must providesufficient spacefor deliverytruckstosafelyparkandbeunloaded, anytimedelaysat deliverywhichresult inadditional freight chargeswill bebilledtothecustomer.● Meansandmethodsof installationareBridgeBrothersandanymeasurerequestedand/or requiredoutsideof thiswill bechargedat aTimeandMaterial fromour standardratesheet.● Pricingmaybesubject tochangebasedontheGeotechnicalReport, SiteSurvey, andSiteConstraint.● Utilities, overheadpower lines, or anythinginrelationaretobecovered, protected, or relocatedat theCustomers’ expensepriortoBridgeBrother'smobilization.● Sitemust havesufficient siteaccessfor erectionequipment onbothsidesof theproject, thefollowingwill apply:o Sitemust becut/excavatedtogradefor installationmethods, wherethesiteisnot tograde- anyworkrequiredbyBridgeBrotherstomakethesitetogradewill bechargedasaChangeOrder.o BridgeBrothersmust haveaccesswithin10’ ofeachabutment.o BridgeBrothersmust havea16’ pathtoeachabutment (will varydependingonbridgewidth);o CranePads/Matswill besuppliedbyOthers.o BridgeBrothersisnot responsiblefor thefollowing:▪ Treeremoval. ▪ Brushremoval.▪ Excessdirt removal.▪ Excessgrubbing.● Anyequipment or toolsusedonsitethat areowned/rentedbytheCustomer isat theexpenseof theCustomer; BridgeBrotherswill not beresponsiblefor anycost associatedwithsuchunlessdiscussedprior tomobilization.● Thefollowingrequirementsmust besatisfiedinrelationtoUnloadingandSpliceFit UpBridges:o 80%SafetyFactor tobeusedonall cranes, if alower safetypercentageisrequired/requestedandalarger craneisrequired, anycost associatedwithsuchwill bebilledintheformof aChangeOrder.● LaneClosuresandtrafficcontrol will becompletedbyOthersat nocost toBridgeBrothers.● If BridgeBrothersistobepouringthe concretedeck thefollowingapplies:o Thecost associatedwiththeconcretetest/heatingisontheCustomer.o Thecost associatedwiththesealingof concreteisontheCustomer.o Thecost associatedwithanyepoxy-coatedrebar isontheCustomer.o Concreteispouredinconformancetostructuralrequirements, not architectural requirements.o WhereBridgeBrothersperformsanyof theabove-mentionedworkor workinrelationtotheabove-mentionedthiswill bebilledintheformofaChangeOrder at our T&Mstandardrates.● Wheretheproject includescablerailing, BridgeBrotherswilltensioncablestothedesignspecifications:o BridgeBrotherswill leaveatensiontool uponwrittenrequest fromtheCustomer.o BridgeBrotherswill remobilizetotensioncablesfollowingthefinal walkthrough, wheretheCustomer requestsanyre-tensioningof cablerailing; thiswill bebilledintheformof aChangeOrder andwill becompleted at thediscretionoftheBridgeBrothersinstallationschedule.● Wheretheproject ispaintedor galvanizedthefollowingwillapply:o Anyadditional touch-upgalvor paint will becompletedbyBridgeBrotherswhileonsite,anythingrequestedfollowingthefinal walkthroughwill bebilledintheformof aChangeOrder.o BridgeBrotherswill leaveadditional paint withthecustomer followingthefinal walkthrough.● BridgeBrotherswill requireafinal walk-throughwithacustomer representativefollowingsuchaproject completionandtheacceptanceformwill besignedwhileBridgeBrotherspersonnel isonsite.● BridgeBrothersisanondiscriminatoryemployer.Exclusions:
TURNKEYPREFABRICATEDBRIDGES
Item Title: 10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project Item Page Number: 7
Menifee Mayor and City Council
December 6, 2023
Page
502 of 1682
e:
[email protected]
t:
866.258.3401
www.bridgebrothers.com
● Anyitemnot listedinthisproposal isnot includedinBridgeBrothers' Scopeof Work.● Anyproposedscopeof workadditionswill bebilledintheformof aChangeOrder.● SalesTaxisnot includedhereandshall bepaidbytheCustomer toBridgeBrothers.● WhereBridgeBrothersisrequiredtoobtainhigher insurancelimitstomatchCustomer requirements, thecost of suchwill bebilledintheformof aChangeOrder.● BridgeBrothersreservestheright toadjust pricingfor material,freight, onsiteequipment andlabor escalation.● Anyadditional inspectionbeyondvisual istheresponsibilityofthecustomer.● Anyadditional compliancerequirementsareexcludedfromthisproposal.● Anydesignrevisionafter Rev1submittalswill bebilledintheformof aChangeOrder at our standardhourlyrates.● Anycost associatedwithunionlabor isnot includedinthisproposal. ● Anycost associatedwithprevailingwageisnot includedinthisproposal.● Anycost associatedwithdewateringisnot includedinthisproposal.● Anycost associatedwithsoil compaction, dirt removal, bullrock, erosioncontrol, silt fencing, or anythinginrelationisnotincludedinthisproposal.● BridgeBrothersdoesnot performsiteelevationreferences,centerlinework, sitelayout, surveys, or control points.o Bridgefoundationsand/or supportsmust besurveyedandverifylocations/elevationsandbeprovidedtoBridgeBrothersprior tomobilization.● Duetothenatureof thisbusiness, engineering, andmarketdelaysshall not result inanyconsequential or liquidateddamagesfor whichBridgeBrothersmaybeheldliable.● BridgeBrothersreservestheright tomakescheduleadjustmentsfor installationduetositeconditions.
Ifyouhaveanyfollow-upquestionsinrelationtothisproposalorrequireadditionalinformation,pleasefeelfreetocontactusatthefollowing:KennyAdams/ SalesEngineer/ 770.696.8946/ [email protected]
TURNKEYPREFABRICATEDBRIDGES
Item Title: 10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project Item Page Number: 8
Menifee Mayor and City Council
December 6, 2023
Page
503 of 1682
1 Jenny McConville
From: Luke Qu
Sent: Tuesday, October 31, 2023 4:37 PM
To: Jenny McConville
Subject: Staff Report for Council Meeting 12/6/23 - CIP 20-13 Paloma Wash Bridge Manufacturer (Bridge Brothers)
Attachments: Paloma Wash, CA - Bridge Proposal - BB3 Revised.pdf Categories: Agenda Reports/CC Items
Hi Jenny,
For the subject project, we posted bid on PlanetBids for bridge design/engineering/manufacture/delivery. We only have one bid from Bridge Brothers. AŌer several iteraƟons of negoƟaƟons, we decided to award to Bridge Brothers. Please see the link below and aƩached to the final proposal.
M:\Public Works Department\_Public Works Projects\CIP Projects\20‐13 Paloma Wash Ped Bridge\B‐ Design\B‐7 RFP\Bridge Brothers Inc. for $752,422\revision 10‐26‐23\Paloma Wash, CA ‐ Bridge Proposal ‐ BB3 Revised.pdf
One thing to noƟce is that the quote broke into two parts: Bridge Manufacturing ‐ $689,422, which is subject to sales tax. But Bridge Brothers will not add sales tax to the quote as they will not be charging the City, but that does not mean that sales tax is not applicable. The City will sƟll pay the sales tax but directly to the State. I confirmed this with Purchasing already. Bridge Off Loading ‐ $63,000. So the total is as follows:
$689,422.00 Taxable PorƟon
$ 60,324.43 Sales Tax
$ 63,000.00 Non‐taxable PorƟon
$812,746.43 Total
These
numbers were confirmed by Purchasing also.
Could you please prepare a staff report for the Council meeƟng on 12/6/23 for award? Please let me know if you have any quesƟons.
Thank you.
Luke
Item Title: 10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project Item Page Number: 9
Menifee Mayor and City Council
December 6, 2023
Page
504 of 1682
CITY OF MENIFEE
SUBJECT: Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC
Investments, Inc.
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Steve Strapac, Acting Assistant City Engineer REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Lien Agreement to replace existing securities to guarantee the completion of required public improvements associated with Tract Map 31456, The Enclave, located west of Valley Boulevard, west of “Atria” Menifee Valley Senior Living; and
2. Authorize the City Clerk to record the Lien Agreement with the Riverside County Clerk Recorder’s Office; and
3. Authorize the Public Works Director to fully release improvement securities previously provided for Tract Map 31456 upon recordation of the Lien Agreement.
DISCUSSION
Tract Map 31456 (TM31456), also known as The Enclave (“Project”), is a subdivision of 161.21 gross acres of land into 192 total lots, of which 179 lots are for single family residential use. The subdivision is located on the west side of Valley Boulevard, north and south of Cherry Hills Boulevard, and adjacent to the “Atria” Senior Living Center. TM31456 was approved by the City Council on June 15, 2022.
RCFC Investments, LLC, a California limited liability company (“Developer”) previously executed Public Improvement Agreements (“PIAs”) as required by the Project’s conditions of approval and posted improvement securities in the form of improvement bonds to guarantee the completion of the required improvements. The Developer does not intend to build in the foreseeable future and would like to avoid paying the ongoing bond premiums associated with the estimated $9 million Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
505 of 1682
City of Menifee Staff Report
Lien Agreement Tract Map 31456, The Enclave
December 6, 2023
1 9
1 8
of future improvements. The developer has requested to replace the bonded securities with the attached Lien Agreement on the subject property.
Staff has reviewed the Developer’s request and determined that a lien agreement as substitution for surety bonds meets the requirements of the Project’s conditions, and adequately protects the City’s interests. If approved, the Lien Agreement would be executed and, upon recordation, the existing bonded securities would be released in full.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Tract Map 31456
2. Lien Agreement
3. Subdivision Improvement Agreement
4. TM 31456 Faithful Performance Bond
5. TM 31456 Material and Labor Bond
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
506 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
507 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
508 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
509 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 6
Menifee Mayor and City Council
December 6, 2023
Page
510 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 7
Menifee Mayor and City Council
December 6, 2023
Page
511 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 8
Menifee Mayor and City Council
December 6, 2023
Page
512 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 9
Menifee Mayor and City Council
December 6, 2023
Page
513 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 10
Menifee Mayor and City Council
December 6, 2023
Page
514 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 11
Menifee Mayor and City Council
December 6, 2023
Page
515 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 12
Menifee Mayor and City Council
December 6, 2023
Page
516 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 13
Menifee Mayor and City Council
December 6, 2023
Page
517 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 14
Menifee Mayor and City Council
December 6, 2023
Page
518 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 15
Menifee Mayor and City Council
December 6, 2023
Page
519 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 16
Menifee Mayor and City Council
December 6, 2023
Page
520 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 17
Menifee Mayor and City Council
December 6, 2023
Page
521 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 18
Menifee Mayor and City Council
December 6, 2023
Page
522 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 19
Menifee Mayor and City Council
December 6, 2023
Page
523 of 1682
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 20
Menifee Mayor and City Council
December 6, 2023
Page
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1 4
7 7
5 9
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
LIEN AGREEMENT
APN: 339-020-040, 339-020-041, 339-020-042,
339-020-043, 339-020-004, 339-020-005, 339-020-
006, 339-020-0, 339-020-008 and 339-030-022
THIS LIEN AGREEMENT ("Lien Agreement") is made and entered into this ___ day of _______________, 2023, by and between the CITY OF MENIFEE, a California municipal corporation ("City") and RCFC INVESTMENTS, LLC, a California limited liability company ("Owner").
RECITALS
A. The City and the Owner cooperated on the recordation of the Final Map for, Tract No. 31456, on July 13, 2022, a proposed development comprised of one hundred seventy-six (176) single family residential homes, a private park, drainage facilities, public streets, and one (1) open space lot, located in the City of Menifee, County of Riverside, State of California (the "Project") more fully described on Exhibit “A-1” and depicted on Exhibit “A-2”, which is on file with the County Recorder’s office.
B. In connection the recordation of the Final Map, Owner has executed the subdivision agreement and delivered to the City subdivision bonds issued by an approved surety in the amount of nine million thirty-one thousand dollars ($9,031,000.00). Such bonds are currently valid and active. The bonds are for the costs of the Public Improvements approved by the City Engineer is attached as Exhibit "B" and incorporated herein by this reference.
C. Said bonds have come up for renewal and inasmuch as the owner has no intention of starting construction on the Project including its public improvements, the Owner now requests to replace the current subdivision bonds with an alternate form of security, that being this Lien Agreement.
D. California Government Code Section 66499 authorizes the City and Owner to enter into this Lien Agreement in satisfaction of the security obligations contained in the Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 21
Menifee Mayor and City Council
December 6, 2023
Page
525 of 1682
2 4
7 7
5 9
Subdivision Improvement Agreement.
E. City has found and determined that it would not be in the public interest to require the installation of the Public Improvements sooner than three years after recordation of the Final Map.
F. Owner has provided a title insurance policy and current title report to the City from a title company approved by the City and issued within the 60 days prior to the execution of this Lien Agreement that documents that the Owner is the record owner of the Property and the Property is not subject to any mortgages, deeds of trust, or judgment liens.
OPERATIVE PROVISIONS
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledged, the Parties hereto agree as follows:
I. Owner Performance and Obligations
A. Owner hereby grants to City, in accordance with the terms and conditions of this Lien Agreement, a lien upon the Property as security for the following obligations of Owner (collectively, the "Obligations"):
(1) Construction of the Public Improvements specified in Exhibit "B" attached hereto; provided, however, that Owner's obligation hereunder shall extend to the actual cost of the construction of the Public Improvements, notwithstanding that such costs may exceed the estimate set forth in Exhibit "B"; and (2) Payment of the balance of the fees or provision of the improvements or services described in the Subdivision Code (collectively, "Fees"), in the amount required in accordance with the Subdivision Code, as determined appropriate by the Director of Public Works.
This Lien secures the Obligations and the remedies provided herein for breach of the Obligations.
B. For so long as title to the property remains subject to this Lien Agreement, Owner shall not: (1) commence work on any portion of the Public Improvements except as necessary to correct or prevent threats to the public health, safety or general welfare with the consent of the City or (2) sell or permit the sale of any lot shown on the Final Map.
C. Prior to commencing the installation and/or construction of any portion of the Public Improvements required by the Subdivision Improvement Agreement, Owner shall deposit fees for inspection, tests and other related purposes, and shall substitute other forms of security satisfactory to City in place of this Lien Agreement.
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 22
Menifee Mayor and City Council
December 6, 2023
Page
526 of 1682
3 4
7 7
5 9
D. Owner shall provide all substitute forms of security in the amounts and for the purposes set forth in the Subdivision Improvement Agreement, except that the amounts shall be calculated using the estimated cost of the Public Improvements at the time of substitution, as ascertained by City.
E. Owner shall substitute acceptable security for this Lien Agreement and commence construction of the Public Improvements required by the Subdivision Improvement Agreement within three (3) years following the date of recordation of the Final Map. At its sole discretion, the City may grant up to three extensions of time for one year each. For each extension of time, Owner shall provide a title insurance policy and current title report from a title company approved by the City, and issued within 60 days prior to the request for an extension of time, that documents that Owner is the record owner of the real property to be divided as identified on the Final Map and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens.
F. Owner shall pay the Fees related to the work required by the Subdivision Improvement Agreement for which the Fees are required prior to issuance of any building permit.
G. Owner agrees that if suit is brought upon this Lien Agreement, all costs and reasonable expenses and fees incurred by the City in successfully enforcing Owner's obligations shall be paid by Owner, including attorneys' fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered.
H. Owner agrees to indemnify, and hold harmless, the City, its officers, employees and agents from any liability whatsoever based or asserted upon: (i) any act or omission of Owner, its employees and agents relating to or in any way connected with the accomplishment of work, obligations, or performance of service under this Lien Agreement; or (ii) the approval of this Lien Agreement. As part of the foregoing indemnity, Owner agrees to protect and defend, with counsel selected by City, at Owner's own expense, including attorneys' fees, the City, its officers, employees and agents in any legal action based upon such alleged acts or omissions.
II. City's Performance and Obligations
A. Following (1) City's approval of the substitute forms of security submitted by Owner, (2) deposit by Owner of fees for inspections, tests and other specific purposes and (3) Owner's payment or other performance of the obligations encompassed by the Subdivision Improvement Agreement, performance of which are secured by this Lien Agreement, City shall release the Property from the provisions of this Lien Agreement, and shall execute any necessary release to enable Owner or its transferee to clear the record of title of the Property so released of the lien herein imposed.
B. In no instances shall this Lien Agreement compel the City to construct the Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 23
Menifee Mayor and City Council
December 6, 2023
Page
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required Public Improvements.
C. The City shall consider this agreement as a satisfactory replacement for the existing subdivision bonds posted by the owner and shall release said bonds upon the recordation of this Lien Agreement.
III. Owner's Representations and Warranties
Owner represents and warrants that no lots within the Property have been sold, no construction permits (including but not limited to grading permits and building permits) have been issued and are active for all or part of the Property, and no construction of any of the Public Improvements has commenced.
IV. Effect of Lien Agreement
A. From the date of recordation of this Lien Agreement, a lien shall attach to the Property which shall have the priority of a judgment lien in an amount necessary to discharge all obligations contained in the Subdivision Improvement Agreement and any Fees. Under no circumstances shall the City agree to subordinate the lien.
B. Owner shall have the right to convey or sell fee title to the entire property, or a portion thereof, encumbered by this Lien Agreement, so long as the purchaser agrees in writing to accept and be bound by the terms and provisions of this Lien Agreement, the applicable Subdivision Improvement Agreement, and the Fees, or has provided alternative security acceptable to the City. Any new lien agreement entered into by a purchaser of the Property must provide for completion of the Public Improvements by the same date as is specified herein.
C. This Lien Agreement shall expire upon release of the Property by the City, except that Owner's obligation to commence the Public Improvements within three (3) years from the date of recordation of this Lien Agreement (or such date as may have been extended in accordance with the Subdivision Code), as described in Section I (F) above, shall not expire but shall remain in full force and effect until satisfactory completion of the Public Improvements in full compliance with the Subdivision Improvement Agreement.
D. Notwithstanding any provisions of the Subdivision Code to the contrary, so long as this Lien Agreement is utilized for security as described herein, the City is not obligated to accept offers of dedication for street or drainage purposes on the property.
V. Events of Default
Upon the occurrence of any one of the following events, Owner shall be deemed in default hereunder:
A. Filing of any proceedings or action by or against Owner to declare Owner bankrupt or to appoint a receiver or trustee for Owner or to make an assignment for the benefit Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 24
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December 6, 2023
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of creditors or to do anything else of a similar nature or purpose under any state or federal bankruptcy or insolvency laws, if such proceedings or actions are not discharged within (60) days.
B. Levy of any attachment or writ of execution against Owner and the Property whereby the Property is taken or occupied or attempted to be taken or occupied by someone other than Owner and such attachment or execution is not released within 60 days.
C. Sale of any lot shown on the Final Map prior to release of the lien created by this Lien Agreement.
D. Breach by Owner of any other term or condition of this Lien Agreement or the Subdivision Improvement Agreement or Owner's failure to fully and faithfully discharge its obligations hereunder within the time specified in Section VI below.
All References to Owner in this section shall be deemed to include Owner's successors, assignees, and transferees.
VI. City's Remedies
Upon the occurrence of any of the events described in Section V, above, City may declare a breach of this Lien Agreement by if Owner does not cure such violation within 90 days after Owner's receipt of written notice from the City (or, if not curable within 90 days, within such period of time as is reasonably necessary, but in no event more than 180 days, provided Developer diligently commences and pursues such cure and indemnifies the City for all related costs, of whatever kind) and City may exercise any one or more of the following remedies:
A. Pursue any or all if the remedies provided in the Subdivision Improvement Agreement;
B. Enforce this lien by appropriate action in court or as provided by law and in the event of enforcement is by action in court, the Owner agrees that the amount of said lien shall include reasonable attorneys' fees which shall be taxed as a cost in any suit for such enforcement;
C. Estimate the cost of the work required to complete the Public Improvements, and all fees, and foreclose said lien in said amount;
D. Pursue any other remedy, legal or equitable, for the foreclosure of a lien.
Owner, its heirs and assigns, shall pay reasonable attorneys' fees to be taxed as cost in said proceedings.
VII. General Provisions
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 25
Menifee Mayor and City Council
December 6, 2023
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A. Recordation . This Lien Agreement shall be recorded by City with the County Recorder immediately following execution of this Lien Agreement indexed by (1) all parties hereto, and (2) all parties having any record title interest in the subject real property, pursuant to Government Code Section 66436, acknowledge subordination of their interest of this Lien Agreement.
B. Contingency . This Lien Agreement shall not take effect until it has been approved by the City Council of the City of Menifee.
C. Entire Agreement . This Lien Agreement together with all exhibits and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject manner contained herein. All prior or contemporaneous agreements, understandings, representations, warranties, and statements, oral or written are superseded.
D. Further Assurances . The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Lien Agreement and the intentions of the parties.
E. Governing Law. This Lien Agreement shall be governed, interpreted, construed, and enforced in accordance with laws of the State of California.
F. Headings . The captions and section headings used in this Lien Agreement are inserted for convenience of reference only and are not intended to define, limit or effect construction or interpretation of any term or provision hereof.
G. Modification . Waiver. No modification, waiver, amendment or discharge of this Lien Agreement shall be valid unless the same is in writing and signed by all parties.
H. No Other Inducement . The making, execution and delivery of this Lien Agreement by the parties hereto have been induced by no representations, statements, warranties, or agreements other than those expressed herein.
I. Severability . If any term, provision, covenant, or condition of this Lien Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Lien Agreement shall not be effected thereby, and each term, provision, covenant, or condition of this Lien Agreement shall be valid and enforceable to the fullest extent permitted by law.
J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same Agreement.
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 26
Menifee Mayor and City Council
December 6, 2023
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IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into as of the date first written above.
CITY OF MENIFEE, a Municipal Corporation
in the State of California
By: ______________________________
Name: ______________________________
Its: ______________________________
RCFC INVESTMENTS, LLC, a California
limited liability company
By: _______________________________
Gordon D. Youde, Manager
ATTEST:
____________________________________
City Clerk
APPROVED AS TO FORM:
____________________________________
City Attorney
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 27
Menifee Mayor and City Council
December 6, 2023
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EXHIBIT “A-1”
LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
LOTS 1 THROUGH 192, INCLUSIVE, AND LETTERED LOTS "A" THROUGH "M", INCLUSIVE OF TRACT NO. 31456, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 484, PAGES 51 THROUGH 68, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 28
Menifee Mayor and City Council
December 6, 2023
Page
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EXHIBIT “A-2”
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 29
Menifee Mayor and City Council
December 6, 2023
Page
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EXHIBIT “B”
ESTIMATED COSTS
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 30
Menifee Mayor and City Council
December 6, 2023
Page
534 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 31
Menifee Mayor and City Council
December 6, 2023
Page
535 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 32
Menifee Mayor and City Council
December 6, 2023
Page
536 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 33
Menifee Mayor and City Council
December 6, 2023
Page
537 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 34
Menifee Mayor and City Council
December 6, 2023
Page
538 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 35
Menifee Mayor and City Council
December 6, 2023
Page
539 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 36
Menifee Mayor and City Council
December 6, 2023
Page
540 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Acting City Clerk---------
July 20, 2022
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 37
Menifee Mayor and City Council
December 6, 2023
Page
541 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 July 20, 2022
July 20, 2022
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 38
Menifee Mayor and City Council
December 6, 2023
Page
542 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 39
Menifee Mayor and City Council
December 6, 2023
Page
543 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 40
Menifee Mayor and City Council
December 6, 2023
Page
544 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 41
Menifee Mayor and City Council
December 6, 2023
Page
545 of 1682
DocuSign Envelope ID: D5C79AA1-AC25-40AD-B7A3-81F47CC36243 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 42
Menifee Mayor and City Council
December 6, 2023
Page
546 of 1682
F A FAITHFUL PERFORMANCE BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets and Drainage $ 6,063,500 Tract Map TM31456 Riv. Co. Flood Control $ 1-323,500 Other Proj. Ref
Water System $ 463 500 Bond No.
Premium
800020758
Rec. Water $0 $ 135,465.00
Sewer System $ 1 180 500
Total $ 9,031,000
RCFC lnvestments LLC
Address 605 Hiqhway 169 N, Suite 800 Address c/o Finqal Fahrney & Clark, 5120 Cam usD
City/State Plymouth, MN Newport Beach, CA
code 55441 zip 92660
Phone 952-852-2431 Phone 949-235-2700
WHEREAS, the City Council of the City of Menifee, State of California, and RCFC lnvestments LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the above designated pu
€/?.s'/t t,
blic improvements relating to TM31456 , which agreement(s), dated _ is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s),
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement(s) and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2 Surety Atlantic Specialty lnsurance Companv Principal City/State
Zip
NOW, THEREFORE, we the principal and Atlantic Specialtv lnsurance Company , as surety, are held and firmly bound unto the City of Menifee in the penal sum of Nine Million Thirtv One Thousand and 00/100, Dollars, ($ 9.031.000.00) laMul money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 43
Menifee Mayor and City Council
December 6, 2023
Page
547 of 1682
FAITHFUL PERFORMANCE BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement(s) or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement(s) or to the work or to the specifications..
Surety further stipulates and agrees that the provisions of Section 2845 ot the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety.
When the work covered by the agreement(s) is complete, the City of Menifee will accept the work and thereupon, the amount of the obligation of this bond is reduced by 90% with the remaining 10%o held as security for the one-year maintenance period provided for in the agreement(s).
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Mav25,2022
NAME OF PRINCIPAL: RCFC lnvestments LLC
AUTHORIZED SIGNATURE(S):
By:
Name: Gordon D. Youde
Title: Manager
(IF CORPORATION, AFFIX SEAL)
NAME OF SURETY: Atla lnsurance an
AUTHORIZED SIGNATURT Bre
Its orney-in-F Title
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 44
Menifee Mayor and City Council
December 6, 2023
Page
548 of 1682
caLlFoR lA aLL-PURPOSE ACKNOWLEDGUENT CtVtL CODE S 1 189 -rr:fr'a{ra-a.:.1.\.{rci:c4:3Llr:"r.4^l"cr:{xL-arraiY'i-rai-541-fr.c t{r-ar"a/-t{R{:rr{,fgricfK.1i(]{}trcrraa:c{)c;rcacacaaaa dd'r A notary public or other otficer completing this certificate verifies only the identity of the individual who signed the document to which this certiticate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 0range
On May 26,2022 Celeste Y. Staggs, Notary Public
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) islare subscribed to the within instrument and acknowledged to me that he/sHthey executed the same in his/h8rlth€ir authorized capacity(ino), and that by his/her/their signature($ on the instrument the person(t), or the entity upon behalf ol which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJUBY under the laws
of the State of Calilornia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
@*:#-.ifi:if:fr;,. gzAffiz-
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document
Document Date Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Gordon D. Youde Signer's Name:
! Corporate Officer - Title(s): D Corporate Officer - Title(s):
! Partner - ! Limited ! General ! Partner - D Limited ! General tr lndividual D Attomey in Fact
! Trustee ! Guardian or Conservator
a
I
! lndividual
! Trustee
tr Attorney in Fact
tr Guardian or Conservator
! Other:
Signer ls Representing:
n Other:
Signer ls Representing:
Manage r ofRCFC Investments, LLC
before me,
Date
personally appeared
Here lnseft Name and Title of the Officer
Gordon D. Youde "
o2015 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800'876-6824 ltem #5907 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 45
Menifee Mayor and City Council
December 6, 2023
Page
549 of 1682
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
on trlAY262022 before me, M. n les Nota Public personally appeared Brenda Woos who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a++subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi.s/her/t$ei+ authorized capacityfies), and that by his/her/thei+signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(seal) Signatu re . L/3',,^ /--
Mc;#;', tlota/y Puntic
M, GONZATES
Notary Pubric - CaLifornia
Los Angele! County
Conmierion i 2176493
lry Co..m. Erpires oct 5. 2025
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 51189
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 46
Menifee Mayor and City Council
December 6, 2023
Page
550 of 1682
[i+t*st] Power of Attorney
KIiOW ALL MEN BY THI-ISE PRESENTS, thar ATLANTIC SPEtilAL l Y INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: TenzGr V. Cunningham, Brenda Won& Martha Gonrales, Joaquin Pcrez, My Hua, Me(helle Larkin, Kathy R.
Mair, Sokha K, Evans, ea€h individually if there be more rhaD one named, its rrue and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf as authority shall exceed in amount the sum of: unlimited ind the execution of such bonds, rerognizances, contracts of indemnity, and all other writinBs obligator in the nature thereof in pursu nce of these presents, shall be as binding upon siid Company as if they had been fully sign€d by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and €xecuted by authority of the following resolutions adopted by rhe Board of Directors of ATLANTIC SPECIALTY INSURANCE CoMPANY on the twenty-fifih day of Sept€mber, 2012r Rcsolvcd: That the President, any Senior Vice Presidenr or Vice-President (each an "Authorized Officer") may execule for and in behalf of the Company any and all bonds, recognizanccs, contracls of indemnily. and all other writinSs obligatory in the naturc thercof, and affix fte seal ofthe Company ftereto; and thal the Authorized Offic€r may appoint and authoriz€ an Atiorney-in-l'act to execute on behalf of the Company any and allsuch instruments and to affix the Company seal theretoi and that the Authorized Olticer may at any rime remove any such Atromey-in-Fact and revoke all power and auihority giv€n to any such Allorney-in- Fact.
Resolved: That the Atrom€y-in-Fact may be Siven tullpower and authorily to execute lor and in the name and on behalfof the Company any and allbonds, rccognizances, contracts of ind€rnnity, and all other wrirings obli8arory in the naturc therrof, and any such instrument executed by any such Atumey-in-Fact shall be as binding upon the Company as if signed and sealed by an Auihorized officer and, funh€r, th€ Anomey-in-Fact is hereby authorized to verity any affidavil required to be attached lo bonds, recognizances, conkacts of indemniry, and all oth€r writinBs obligatory in rhe nature lhereof.
This powerof atlorney is signed and sealed by tacsimile under thc authority of the following Resolution adopred by th€ Board of Directors of ATLAI.ITIC SPECIALTY INSURANCE COMPANY on the iv,/€nty-fifth day of Seplemb€r, 2012:
Resolvedt Thar the signarure of an Authorized Officer, rhe signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or (o any cenificale relatinS lhereto appointing an A(orney-in-FacL for purposes only of executing and s€aling any bond, undertaking, recognizance or other writren obligation in the nature thereof, and any such siBnature and seal where so used, b€ing hereby adopted by the Company as $e original signarure of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effecl as though rnanually aftixed.
IN WTNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has raused these presents to be siSned by an Authoriz€d Officer ard the seal ofthe ComPany lo be aff ed fiis twenly-seventh day of April, 2020.
By erfu
S'1 ATT: OF I{INNESO-I'A
HENNEPIN COIJNTY
Paul J. Br€hm, Senior vire Presidenl
On this Menty-seventh day of April, 2020, before me personally came Paul J. Brehrn, S€nior Vice Presidenl of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be th€ individual and officer described in and who executed the preceding instrument, and he acknowl€dged the execution of the same, and being by me duly sworn, that he js rhe said officer of rhe Company aforcsajd, and thar the seal affixed ro the preceding inslrumenl rs $e seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said insrrument by the aDthority and at the direction of lhe Company. ,/n
l, the undeBigned, Secrerary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attom€y is in full force and has not been revoked, and the resolutions set fonh above are now in force. sisned and sealed. Dated- day * MAY 2 5l!22
-SEAL.
1986
This Power of Attorney expires
January 31, 2025
AUSoil olilAt{ }lAsH.lRolJI
t{oIAtrY PlrBLlC . $tlllEsoT
lry Commll3lo
J.nulry 3l
n Explrc!
,2025
Please dired bond verif ications to surerv(aiNncuE[jltl!!,(up Kara Barrow, S€cr€tary
,,/,/f
Notary Public
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 47
Menifee Mayor and City Council
December 6, 2023
Page
551 of 1682
MATERIAL AND LABOR BOND
CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.2)
FOR: Streets and Drainage $ 3,031,750
Flood Control $ 661.750
TracUParcel Map TM31456
Water System $ 231,750 Bond No. 800020758
Sewer System $ 590 250
Surety Atlantic Specialtv lnsurance Companv Principal RCFC lnvestmen LCL Address 605 Hiqhwav 169 N. S
City/State Plvmouth, MN
zip code 55441
Phone 952-852-2431
above design
agreement(s),
uite 800 Address c/o Finqal Fahrnev & Clark
5120 Campus Drive, Su ite 200
City/State
zip
Phone
92660
Newport B .cA
-235-2700
WHEREAS, the City Council of the City of Menifee, State of California, and RCFC lnvestments,LLC, (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to install and complete the ated public i ents relating to TM31456 , which
hereof;dated 6/? is/are hereby referred to and made a part and,
WHEREAS, under the terms of said agreement(s), principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California; NOW THEREFORE, said principal and the undersigned, as corporate surety, are firmly bound unto the City of Menifee and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement(s) and referred to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Four Million Five Hundred Fifteen Thousand Five Hundred and 00/100 Dollars ($4.515.500.00t for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Menifee in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 10t26120
Premium $lncluded ln Performance Bond
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 48
Menifee Mayor and City Council
December 6, 2023
Page
552 of 1682
MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement(s) or to the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
Surety further stipulates and agrees that the provisions of Section 2845 ol the Civil Code are not a condition precedent to surety's obligations hereunder and are hereby waived by surety.
NAME OF PRINCIPAL: RCFC lnvestments LLC
AUTHORTZED STGNATURE(S)
Name: Gordon D. Youde
Title: Manager
(rF coRPoRATrON, AFF|X SEAL)
NAME OF SURETY: lantic surance C
AUTHORIZED SIGNATUR Brenda Won VP
rney-in-F Titie
(IF CORPORATION, AFFIX SEAL)
ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY-IN-FACT.
lvu\'/
t0/26t20
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on Mav25.2022
By:
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 49
Menifee Mayor and City Council
December 6, 2023
Page
553 of 1682
callFoRl{la ALL-PURPOSE ACK!|OWLEDGUE T CIVIL CODE S 1189 .ncgrc<-.<taoca<_J(i.)a.:4.{r.al]al;ar.f.._cfi '
A notary public or other otficer 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 ol that document.
State of California
County of Orange
On May 26,2022 before me, Celeste Y. Staggs, Notary Public Date
personally appeared
Name(s) of Signe(s)
who proved to me on the basis ot satisfactory evidence to be the person(4 whose name(*) islare subscribed to the within instrument and acknowledged to me that he/shdthcy executed the same in his/hBrlth€ir authorized capacity(ifo), and that by his/her/their signature($ on the instrument the person(8), or the entity upon behall of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Here lnsed Name and Titl6 of the Officer
Gordon D. Youde "
I,
@*#l]lii:[,r,i;,. erfr
,-7
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration ot the document or fraudulent reattachment of this lorm to an unintended document.
Doscription o, Attached Document
Title or Type of Document:
Document Date:
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name Gordon D. Youde Signer's Name:
! Corporate Otficer - Title(s): E Corporate Officer - Title(s):
E Partner - ! Limited tr General !Partner - ! Limited n General tr lndividual ! Attomey in Fact
n Trustee n Guardian or Conservator
E Attorney in Fact
n Guardian or Conservator
n lndividual
! Trustee
! Other: n Other:
Signer ls Representing: Signer ls Representing:
Manage r ofRCFC Investments, LLC
Number o, Pages:
-
O2Ol5 National Notary Association ' www.NationalNotary.org ' 1-800-US NOTARY (1 -800-876-6827) ltem #5907 Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 50
Menifee Mayor and City Council
December 6, 2023
Page
554 of 1682
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
t'lAY 2 5 2022
before me, M.Gonzales , Notary Public, personally
appeared Brenda Wong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that h€/she/they executed the same in his/her/the* authorized capacity{ies}, and that by his/her/thei+signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(seal) ,UZ"*^l ^-M;;;[, Notar{ Pubtic
:
Ili. GONzALES
Nolary P!b,i< - C.,ifohja
Los Angere! CoLntt
Colnmission: 2176.91
Ny Com . ExDares oct 5. 2025
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 51189
On
Signature
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 51
Menifee Mayor and City Council
December 6, 2023
Page
555 of 1682
E"turt] Power of Attorney
This po*er ofattorney is signed and sealed by facsimile under the authority of thc lollowing Rcsolution adopted by the Boad of Direclors of ATLANTIC SPECIALTY INSURANCE CoMPANY on the twenty-fifth day of september, 2012:
Resolved: That the signarure of an Authorized Officer, rhe signature of the Secrctary orthe Assjsknl Secretary, and lhe Company seal may be affixed by facsimile to any powerofattomey or to any c€rrificare relating thereto appointing an A(omey-in-Fact for purposes only of exe€uting and sealing any bond, undenaldn& r€cognizance or other wdtten oblig ion in the naore thereof, and any such sigratue and seal where so used, being hereby adopt€d by lhe Company as the original signarure ofsuch officer and the original seal of the Company, to be valid and binding upon lhe Company wilh th€ sam€ force and effect as lhough manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these pr€sents to be signed by an Authorized Officer and the seal of the Company to be affixed this rweoty-seventh day of Apnl, 2020.
ts_v
STATE OF MINNESOTA
HENNEPIN COUNTY
a"* .,.oa+ paulJ. Brehm. Senior Vice Presidenl
Or lhis t\denty-seventh day of April, 2020, before me personalty came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, lo me personally known to be the individual and officer described in and who executed the pr€ceding instrumenl, and he acknowledged the execulion of the same, and being by me duly swom, that he is rhe said oflicer of rhe Company aforesaid, and that the seal affixed to the preceding instrumenl is (he seal of said Company and lhal the said seal and the sign.ture as such officer was duly affixed and subsc.ibed to th€ said instrument by the authority and al lhe dirEction of lhe Company. /t*t/,t/t
Notary Public
I, the undersiSned, Secrerary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby cenify lhat the foreSoing power of attomey is in full force and has not been revoked, and the resolutions sel forth above are now in force. sisnEdandseared. Dated day.f UAY 15.2022
This Power of Attomey expires
January 31, 2025 Kara Barrow, Secretary
Pi.ase dlrect bond verificalions to surctyrDintn.iin\uranct.(unr ALTSoN ollAN flAsH.lioul
IIOTARY P{'8LIC . MilIESOIA
EIc lot3omml plrustrly
2026J 3anul
KNOW ALL MEN BY THESFI PRESENTS, thar ATLANTIC S PECIALTY INSU RANCE COI\4PANY, a New York corporation whh irs principal office in Plymolih, Minnesota, does hereby consritute and appoinr: Tenzer V. Cunningham, Brenda Won& Martha Gonzales, Joaquin Perez, My Hua, Mechelle Larkin, Kathy R.
Mair, Sokha K. Evam, each individually if ther€ be more than one named, its true and lawful Atromey-in-Fact, to mak€, execute, seal and deliver, for and on its behalf as authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all olher writings obligator in rhe nature lhe.eof in pursuance of these presents, shall be as biDdjng upon said Company as if lhey had been fully signed by an authoriz€d officer oflhe Company and s€aled with the Company seal. This Power of Attomey is made and ex€cuted by authority of the {ollowing r€solutions adopted by the Board of Directors of ATLANTIC SPECIAI-TY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice Presidenr or Vice-President (each an "Authorized Officer") may execure for and in behalf of $e Company any and all bonds, reco8nizances, contracb of indemnity, and all other wdtings obligatory in the nature thereof, and affix the seal of lhe Comp.ny rhereto; and lhat the Authorized Officer may appoint and authorize an Attorn€y-in-Fac( lo execDle on behaLf of the Company any and all such instruments and to affix the Company seal thereto; and thal the Authorized Of[icer may al any time removc any such A(omey-in-Fad and revoke all power and aulhority given to any such Altorney-in- Facr.
Resolved: That rh€ Attomey-in-Facl may be given tull power and authoriry to ex€cute ,or a nd in the name and on beha lf of the Compa ny any and all bonds, recognizanc€s, contracts of indemnity, and all other wdtings obligatory in the nature thereof, and any such inslrument cxeculed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, funher, the Attorney-in-Fact is hereby authorized to verify any affidavil requircd to be attached to bonds. recognizances, conrracB of indemnity, and all other writings obligatory in lhe nature thereoi. /fl,,rf,r/"*
1986
Item Title: 10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.
Item Page Number: 52
Menifee Mayor and City Council
December 6, 2023
Page
556 of 1682
CITY OF MENIFEE
SUBJECT: Covenant for the Deferral of Conditions of Approval Associated with Tentative Parcel Map 33739, and filing of Parcel Map 33739 for Financing Purposes, Cantalena, by
EPC Holdings, LLC
MEETING DATE: December 6, 2023
TO: Mayor and City Council
PREPARED BY: Steve Strapac, Acting Assistant City Engineer REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Rebekah Kramer, Acting City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Declaration of Covenants to defer conditions of approval as established for Tentative Parcel Map No. 33739, Cantalena, by EPC Holdings 781, LLC, located south of Garbani Road and west of Haleblian Road; and
2. Authorize the City Clerk to record the Declaration of Covenants with the Riverside County Clerk Recorder’s Office; and
3. Approve and authorize the filing of Parcel Map No. 33739 for financing purposes.
DISCUSSION
On June 26, 2009, the County of Riverside approved Tentative Parcel Map No. 33739 (“TPM 33739”), also known as Cantalena (“Project”), located south of Garbani Road and west of Haleblian Road. TPM 33739 is the proposed subdivision of 158.71 gross acres into six parcels.
The Project’s Conditions of Approval (COAs) were also established at the time of approval and require that the developer of the land construct public improvements or provide securities for the future construction of public improvements on the land.
EPC Holdings 781, LLC, Inc., a Washington Limited Liability Company (“Developer”), is the current Project owner, however the Developer is not a builder. The COAs for the project require that backbone facilities be constructed prior to mapping. Given this requirement and the fact that the Developer is not a builder, the Developer approached the City with a request to approve a project map for financing purposes only and at the same time bind the COAs to the land so that Item Title: 10.21
Covenant for the Deferral of Conditions of Approval Associated with Tentative Parcel Map 33739, and filing of Parcel Map 33739 for Financing Purposes, Cantalena, by EPC Holdings, LLC Item Page Number: 1
Menifee Mayor and City Council
December 6, 2023
Page
557 of 1682
City of Menifee Staff Report
Covenant and Parcel Map 33739, Cantalena
December 6, 2023
1 9
0 7
the responsibility for construction of public improvements/securities could be transferred to a future developer/builder.
TPM 33739 is currently set to expire December 26, 2023, has been extended 11 times since approval and is not legally eligible to be extended any further. A history of the map’s previous extension activity is provided in Table 1 below.
Table 1 – Parcel Map 37739 Extension History
Description of Extension Extension Date
Mandatory additional 1-year extension provided by SB1185 June 26, 2010 Mandatory additional 2-year extension provided by AB333 June 26, 2012 Mandatory additional 2-year extension provided by AB208 June 26, 2014 Mandatory additional 2-year extension provided by AB116 June 26, 2016 1st 1-year time extension requested June 26, 2017
2nd 1-year time extension requested June 26, 2018
3rd 1-year time extension requested June 26, 2019
4th 1-year time extension requested June 26, 2020
5th 1-year time extension requested June 26, 2021
Mandatory 18-month extension AB1561 December 26, 2022
6th 1-year time extension requested December 26, 2023
In an effort to ensure the Project moves forward, and to avoid expiration of TPM 33739, the Developer has requested that the City consider approval and recordation of Parcel Map 33739 (“PM 33739”) for financing purposes along with a Covenant for the deferral of COAs established for TPM 33739 (“Covenant”). Should the map expire, the Project would have to begin the processes required for entitlement again. This would add additional costs to the Project and delay the Project by several months, at best.
The Covenant defers the COAs associated with the previous map until such time as the Project’s first tract map is approved and individual residential lots are established within the Project. If approved, the Covenant would apply to any parcel resulting from the recordation of PM33739 and be bound to the land, transferring with the land should ownership of any parcel change. Approval of PM33739 would divide the Project into six parcels that may be sold for future development, however the Covenant on the parcels would not permit development of any parcel(s) until the COAs are met, and necessary facilities are constructed. This would prevent “land-locked” Parcels from being sold.
Staff has reviewed the Developer’s request and determined that the Covenant and proposed PM 33739 for financing purposes meet the requirements of the Project’s COAs.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
Item Title: 10.21
Covenant for the Deferral of Conditions of Approval Associated with Tentative Parcel Map 33739, and filing of Parcel Map 33739 for Financing Purposes, Cantalena, by EPC Holdings, LLC Item Page Number: 2
Menifee Mayor and City Council
December 6, 2023
Page
558 of 1682
City of Menifee Staff Report
Covenant and Parcel Map 33739, Cantalena
December 6, 2023
1 9
0 7
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. All legal review and recordation costs associated with this item will be offset by Developer fees and deposits previously collected for the Project.
ATTACHMENTS
1. Project Map
2. Parcel Map 33739
3. Covenant
Item Title: 10.21
Covenant for the Deferral of Conditions of Approval Associated with Tentative Parcel Map 33739, and filing of Parcel Map 33739 for Financing Purposes, Cantalena, by EPC Holdings, LLC Item Page Number: 3
Menifee Mayor and City Council
December 6, 2023
Page
559 of 1682
PROJECT MAP
Cantalena – Parcel Map 33739
Item Title: 10.21
Covenant for the Deferral of Conditions of Approval Associated with Tentative Parcel Map 33739, and filing of Parcel Map 33739 for Financing Purposes, Cantalena, by EPC Holdings, LLC Item Page Number: 4
Menifee Mayor and City Council
December 6, 2023
Page
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SHEET 1 OF 9 SHEETS
L.S. 9106
NUMBERED PARCELS: 6
LETTERED LOTS: 13
GROSS ACREAGE: 158.72
NET ACREAGE: 139.69
NOTARY ACKNOWLEDGEMENT
ON { }, BEFORE ME, { }, A NOTARY PUBLIC, (INSERT NAME)
PERSONALLY APPEARED { },
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
{
}I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
{
}WITNESS MY HAND
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.
NAME PRINTED SIGNATURE
MY COMMISSION NO:{\L } MY COMMISSION EXPIRES{\L .} MY PRINCIPAL PLACE OF BUSINESS IS {\L } COUNTY.
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Item Title: 10.21
Covenant for the Deferral of Conditions of Approval Associated with Tentative Parcel Map 33739, and filing of Parcel Map 33739 for Financing Purposes, Cantalena, by EPC Holdings, LLC Item Page Number: 5
Menifee Mayor and City Council
December 6, 2023
Page
561 of 1682